Finnish Children or ‘Cubs of the Caliphate’?
This article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well...
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| Format: | Article |
| Language: | English |
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Scandinavian University Press
2020-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2020/01/finnish_children_or_cubs_of_the_caliphate |
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| author | Sanna Mustasaari |
| author_facet | Sanna Mustasaari |
| author_sort | Sanna Mustasaari |
| collection | DOAJ |
| description | This article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well as the 1996 Hague Child Protection Convention. The analysis suggests that the norms and rules of private international law generate content and substance for the concept of ‘jurisdiction’ in both international human rights conventions and the Finnish constitution. The particular perspective from which the issue is examined concerns the situation of the Finnish children who are currently held being captive in the refugee camp of Al-Hol in Syria. In particular, the article probes the issue of defining the habitual residence of a child who has been taken by his or her parents to the so-called ‘Caliphate’ and later captured and held in the refugee camp. It is concluded that these children are likely to be without a habitual residence and the jurisdiction to take protective measures is thus defined in national law. The article argues that under its human rights obligations as well as national norms, especially those contained within the Finnish Child Welfare Act, Finland has the legal obligation to repatriate the children, and in most cases their mothers too, from Al-Hol. |
| format | Article |
| id | doaj-art-4340eeced6fb4f8a9eb97e64696f9d06 |
| institution | DOAJ |
| issn | 2387-3299 |
| language | English |
| publishDate | 2020-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-4340eeced6fb4f8a9eb97e64696f9d062025-08-20T03:09:44ZengScandinavian University PressOslo Law Review2387-32992020-01-017224510.1826/ISSN.2387-3299-2020-01-0318948693Finnish Children or ‘Cubs of the Caliphate’?Sanna MustasaariThis article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well as the 1996 Hague Child Protection Convention. The analysis suggests that the norms and rules of private international law generate content and substance for the concept of ‘jurisdiction’ in both international human rights conventions and the Finnish constitution. The particular perspective from which the issue is examined concerns the situation of the Finnish children who are currently held being captive in the refugee camp of Al-Hol in Syria. In particular, the article probes the issue of defining the habitual residence of a child who has been taken by his or her parents to the so-called ‘Caliphate’ and later captured and held in the refugee camp. It is concluded that these children are likely to be without a habitual residence and the jurisdiction to take protective measures is thus defined in national law. The article argues that under its human rights obligations as well as national norms, especially those contained within the Finnish Child Welfare Act, Finland has the legal obligation to repatriate the children, and in most cases their mothers too, from Al-Hol.https://www.idunn.no/oslo_law_review/2020/01/finnish_children_or_cubs_of_the_caliphaterights of the childobligation to protecthabitual residenceextraterritorial obligationsAl-Hol camprightsofthechild |
| spellingShingle | Sanna Mustasaari Finnish Children or ‘Cubs of the Caliphate’? Oslo Law Review rights of the child obligation to protect habitual residence extraterritorial obligations Al-Hol camp rightsofthechild |
| title | Finnish Children or ‘Cubs of the Caliphate’? |
| title_full | Finnish Children or ‘Cubs of the Caliphate’? |
| title_fullStr | Finnish Children or ‘Cubs of the Caliphate’? |
| title_full_unstemmed | Finnish Children or ‘Cubs of the Caliphate’? |
| title_short | Finnish Children or ‘Cubs of the Caliphate’? |
| title_sort | finnish children or cubs of the caliphate |
| topic | rights of the child obligation to protect habitual residence extraterritorial obligations Al-Hol camp rightsofthechild |
| url | https://www.idunn.no/oslo_law_review/2020/01/finnish_children_or_cubs_of_the_caliphate |
| work_keys_str_mv | AT sannamustasaari finnishchildrenorcubsofthecaliphate |