Positive obligations for states in light of international human rights laws to assist nationals abroad to return home from situations where their rights are at risk : an analysis of the situation at Al Hol camp and the strategies states have used to ensure the protection of human rights

Abstract

Considering states’ international human rights obligations in light of international human rights instruments and norms, to what extent are they required to assist their nationals to return to their home country when they are trapped abroad in a situation where their human rights are being violated.

The armed conflict in Syria has been ongoing for over a decade now and was used as a case example. The Syrian conflict has received a lot of international attention due to the atrocities and the vast number of foreign people who have joined the conflict. Many of the foreigners are currently held in camps around Syria, unable to leave the war-torn country on their own which is why the question of repatriation has been widely associated with the conflict.

The people should be entitled to the protection guaranteed by international human rights treaties and since the Syrian government is unable to protect these rights, the rights should be protected by their home countries. As many of the foreign nationals in Syria are European, the research analyses examples of how Finland and the Netherlands have addressed the human rights violations at the camps and whether they have repatriated their nationals considering their international human rights law obligations. Different international actors have made pleas for states to repatriate their nationals from these camps, however, states have been slow in the repatriation process referring to various reasons for their inaction.

International human rights bodies have made it clear that further threat to life and health is probable at the camps and that states are aware or should be aware of the risk to their nationals. States should put pressure on each other to act regarding their nationals at the camps, but this has not happened yet.

There are at least four lawful methods that other states can use to improve the human rights situation in Syria and promote a peaceful solution to the conflict. The best and most peaceful solution is a repatriation process which fulfils the states’ international human rights obligations, guarantees protection for their nationals, and would relieve the pressure in Syria.