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The Council of State rejected Tuesday, April 23, the requests for repatriation of French women linked to the Islamic State organization who are held with their children in camps controlled by the Kurds in Syria.
The administrative court had already ruled in the same direction : for the Judge of the State Council, these repatriations are the responsibility of French diplomacy, not justice.
The Council of State considers that the measures requested would require " the engagement of negotiations with foreign authorities or intervention on a foreign territory ". Either measures that are not detachable from the conduct of international relations of France. The court concludes that no court is therefore competent to rule on the matter.
Three of these requests come from French women detained in Syrian Kurdistan with, in total, eight children. One comes from the uncle of two minors, aged two and four, also held in camps under the control of Kurdish forces. He wants the state to repatriate them.
In this unprecedented judicial debate " fundamental rights, the best interests of the child must prevail, " pleaded William Bourdon, the petitioner's lawyer. But so far, the French government has always strongly opposed the return of its nationals who went to jihad, and accepted only on a case by case basis the repatriation of children .