A/HRC/45/27 individuals of foreign origin, mostly women and children, with suspected family ties to Islamic State in Iraq and the Levant fighters, are being held separately in camps for displaced persons. 37. The Secretary General63 and the High Commissioner64 have repeatedly called upon States to facilitate the repatriation of foreign nationals, particularly women and children. Nevertheless, many States of origin have been reluctant to take back their nationals, particularly men, who went to Iraq or the Syrian Arab Republic. As a result, a large number of suspected foreign fighters and their families continue to be held by the de facto authorities in the north-east of the Syrian Arab Republic. The repatriation of women and children has been considered on a case-by-case basis. Some States have taken steps to deprive suspected fighters and family members of their nationality. A small number of States have committed to repatriate their nationals, and others have started doing so. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has affirmed that repatriation is both a positive implementation of States’ international obligations under Security Council resolution 2178 (2014), and a welcome humanitarian response to the plight of those detained in overcrowded camps. She has also affirmed that such a step contributes to closing the impunity gap by prosecuting those individuals against whom there is sufficient evidence of criminal behaviour.65 38. In 2018, the United Nations system developed guidance regarding human rightsbased responses to the situation of foreign fighters and their families. 66 States of origin, however, continue to cite practical impediments that prevent them from dealing with those suspected of being foreign fighters and their families. Obstacles frequently cited relate to security considerations and operational and practical limitations, such as the inability to access the camps to extend consular services to their nationals owing to ongoing armed conflict. With regard to criminal prosecution, States have also cited difficulties collecting information or evidence against returnees that might be admissible in criminal proceedings in accordance with national laws. There have been suggestions that a special judicial accountability mechanism should be established to process those suspects. Pending such a step, repatriation of foreign nationals held in camps or detention centres remains a preferred option. 67 The de facto authorities in the north-east of the Syrian Arab Republic have reportedly created ad hoc counter-terrorism so-called tribunals known as “defence of the people” courts to prosecute suspects accused of committing crimes within the country. Most suspects have been convicted of violations of terrorism-related offences, such as membership of or association with a terrorist group. There are concerns about the appropriateness and fairness of those procedures. Moreover, the de facto authorities have been unwilling to put on trial Islamic State in Iraq and the Levant suspects of foreign origin, who are instead maintained in detention or sent to Iraq to face trial. 39. While acknowledging legitimate security and evidentiary considerations raised by States of origin when dealing with their nationals suspected of being foreign fighters, applicable human rights obligations should also be fully taken into account, including the duty to investigate gross violations of human rights committed by them. 68 Moreover, any 63 64 65 66 67 68 children-stranded-syria-its-too-late; and https://resourcecentre.savethechildren.net/node/17512/pdf/ childrens_crisis_report_06052020.pdf. See www.un.org/sg/en/content/sg/statement/2020-07-06/secretary-generals-remarks-the-opening-ofthe-virtual-counter-terrorism-week-united-nations-delivered. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25986&LangID=E. A/HRC/43/46/Add.1, para. 9. See also www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx? NewsID=25510&LangID=E. See www.un.org/sc/ctc/wp-content/uploads/2018/08/Human-Rights-Responses-to-Foreign-Fightersweb-final.pdf. Counter-Terrorism Committee Executive Directorate, “Analytical brief: the prosecution of ISILassociated women”, p. 6. On States’ duties, see the legal analysis issued by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the Special Rapporteur on extrajudicial, summary or arbitrary executions, entitled “Extra-territorial jurisdiction of 11