Abstract
The article analyses Switzerland’s continued refusal to repatriate several of its citizens — including children — detained since 2019 in camps in northeastern Syria under critical humanitarian conditions and without access to judicial proceedings. The author examines the position of the Swiss authorities and questions its compatibility with Switzerland’s international commitments, particularly in the fields of fundamental rights, consular protection, and the rights of the child. The contribution further discusses the relevant rules of international law, with a focus on the positive obligations arising for the Confederation, and reviews the domestic mechanisms of diplomatic and consular protection. Finally, the author considers the implications of the refusal to repatriate for Switzerland’s international responsibility, as well as possible mechanisms for prosecuting Swiss nationals suspected of joining ISIS, in light of the principle of combating impunity.