If the Kurds do not let the children leave without their mothers, a new situation will arise according to the judgment. Then the government must see if it is possible to get both groups back. The women must then be tried in the Netherlands. So does the Prosecutor's Office. If the women themselves decided not to give their children to the Netherlands, the state's obligation to return that child would be abolished.
The government must be given room to handle the return. The Netherlands is not responsible in Syria and, according to the court, does not have to take unacceptable security risks in the dangerous area. To this end, the government can enter into agreements with the Americans or other partners in the region.
The children all have Dutch citizenship and are younger than twelve. Most even for six years. The judge emphasized that the children are now so small that it would be more risky if they are not recalled now, since they are not yet really affected by terrorist ideas.
Women have traveled to the battlefield in recent years. Syria or Iraq where the Islamic State was responsible. They are now trapped in camps managed by the Kurds. They want to return to the Netherlands, but the Cabinet actively refuses to take them back.
"Clarity within two weeks"
Attorney André Seebregts calls the decision "a well-thought judgment." The lawyer expects clarity within two weeks. is for the ̵
However, Seebregts does not expect the children to return without their mothers. "The Kurds have already stated several times that they do not want to separate the children from their mother."
The government will carefully study the court's decision on the recovery of IS children. Prime Minister Mark Rutte said it on Monday afternoon.
"I have not seen the statement yet. I had a meeting," Rutte said after hours of discussions about the nitrogen crisis. According to him, legal judgments are always scrutinized carefully. that the Netherlands does not pick up Dutch from Syria, only those who succeed in reaching a diplomatic service can possibly get help. Is repatriation of women who themselves decided to go to a war zone a decision that a judge must make, or is it up to politics?  "You can always go to court if you think you are being harmed in your rights," says Jon Schilder, professor of constitutional and administrative law at VU University Amsterdam. "There is a general duty on the government to guarantee citizens the right to life. But not at the expense of everything."
"There is also something like personal responsibility. If you get into a collision car and get injured, you can hold the operator accountable, but there is a good chance that the judge says you have accepted the risk by getting into a collision car. "
According to Professor of International Law Geert-Jan Knoops, there is no international treaty that literally states that the state is obliged to return national.
"Then you have to have an analogous reasoning: there can be no legally enforceable legal obligation to do anything. But a duty of effort."
Meanwhile, Turkey has announced that it will begin today to send IS back to Minister Blok (Foreign Affairs) does not know if the Dutch are among them, but if that happens this will be done in consultation so that the IS people can be arrested upon arrival in the Netherlands.
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