Abstract

This commentary delves into the issue of stateless children who are confined at the al-Hol camp in Syria due to their alleged affiliation with ISIS. The main question addressed in this Comment is whether these children, who cannot be charged with terrorist-related crimes and are unable to repatriate, are eligible for asylum under relevant international law, particularly the 1951 Convention on the Status of Refugees and its 1967 Protocol. The Comment argues that the confinement of children at the al-Hol camp violates international human rights law and the rules of war, and that the camp's filthy conditions are not in the best interests of the children. The opposition of Western nations to repatriation leaves these children stateless and ineligible for citizenship. This Comment contends that the foreign children at al-Hol camp meet the criteria for refugee status, as they are being persecuted as a specific social group, defined as "children who lived in the ISIS regime and who do not have the ability to be repatriated to their home country." The Comment concludes by highlighting the ongoing violations of international law at the al-Hol camp, with the children being punished by their home countries, the Syrian government, and the Kurdish administration.

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