Third, they argue that the women are simply suffering the consequences of their own decisions, and while that is unfortunate, it is not the government’s responsibility to extract them.
Legally, what does the Australian government owe these people? Doesn’t it have to bring them back?
The lawyers acting on behalf of the women argue that yes, Australia has a constitutional duty to repatriate citizens and apply due process. These legal obligations, they say, include a duty to investigate crimes of an international nature, and to protect Australian citizens who are detained overseas.
United Nations Security Council resolutions mandate that countries take action to have their citizens who joined the Islamic State brought before the law.
Policy experts also say that the state has a duty to take the children of those mothers who are radicalized into state custody. And others argue that the government has a moral obligation to extract children who had no say in their parents’ journey to Islamic State territory.
Are the children actually Australian?
While many of the children in Al-Hol were born in Syria, they can be conferred citizenship by descent if one or both of their parents are Australian. In order to establish their parentage, however, the Australian government would need to conduct DNA testing. Peter Dutton, the home affairs minister, has repeatedly brought up this process as a hurdle to repatriating the women and children.
So, what’s going to happen to them?
At the moment, the fate of the women and children is unclear. Mr. Dutton has staunchly maintained his position that they will not be removed from the camp or repatriated, but other lawmakers have shown slightly more flexibility. On Tuesday, Australia’s prime minister, Scott Morrison, indicated there may be some chance of repatriation should the women manage to get themselves to a border. Politicians from the opposition Labor Party, as well as independent M.P.s, have also shown empathy toward their plight.
The relatives of the women are becoming increasingly concerned as the region further destabilizes, and as winter approaches, which humanitarian organizations say is likely to cause further sickness, and possibly even death, among those remaining in the Al-Hol camp.
Source : Nytimes
