The government policy has been to refuse to take back fighters and their wives

Emmanuel Macron’s government has taken an unbending stance on ISIS returnees, categorically refusing to bring home fighters and their wives and repatriating only a handful of children. “The Council of State (Conseil d’Etat) rejects the demands for repatriation made by French nationals and for their children, currently in Syria,” the court said in a brief statement. The top court added a French judge was not in a position to make legally binding decisions on the issue as doing so would involve “negotiations with foreign authorities or intervention on a foreign territory”.

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Nabil Boudi, a lawyer for one of the ISIS families, said the women and their children faced a “denial of justice,” adding their situation “would only worsen”. 

Marie Dosé, a lawyer for one of the jihadi brides and her two children, for her part threatened to bring the case to the European Court of Human Rights (ECHR). 

“We are facing one of the most disastrous humanitarian scandals of the French Republic: we are making these children pay for their parents’ decisions,” Mrs Dosé said. 

Western states have been grappling with how to best handle suspected ISIS fighters and their families trying to return home from combat zones in Iraq and Syria, as well as those being held in detention. 

In February, France snubbed US President Donald Trump’s call for European allies to repatriate their fighters and put them on trial, adding it would take back French militants on a “case-by-case” basis. 

The French government policy has been to refuse to take back fighters and their wives, who have been branded “enemies” of the nation.

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