French Children in Syrian Camps: The Committee on the Rights of the Child and the Jurisdictional Quagmire

Abstract

The “jurisdiction question”, namely in what circumstances and according to what test human rights treaties apply ‘extra-territorially’ has been contentious. The Committee on the Rights of the Child has delivered its first two decisions on the question, in the context of the humanitarian crisis facing foreign child nationals held in camps in NE Syria. It suggests a holistic assessment of factual and legal nexus between applicants and the state, in which nationality, victim vulnerability and capacity to protect rights are the key considerations. This paper reflects on these decisions and their implications in the context of prolific recent developments and differing approaches to jurisdiction and scope by other bodies.

Keywords: International Human Rights Law, Rights of the Child, Committee of the Rights of Child, Extra-territorial Human Rights Obligation

JEL Classification: K33