Belgian Court Orders Repatriation from Syrian Camp

The Brussels Court of Appeal has ordered the Belgian state to take the necessary measures to repatriate a Belgian woman and her 10-year-old daughter from the Al-Roj camp in northeastern Syria, ruling that the government violated the absolute prohibition on exile of its own nationals. The state has one month to initiate appropriate procedures or face a penalty of €2,500 per day, capped at €50,000.

The Al-Roj camp in northeastern Syria, where the Belgian woman and her daughter have been detained since 2017. Credit: Delil Souleiman / AFP via Belga

The Ruling

According to VRT NWS, the court based its decision on the principle of the absolute prohibition on exile (banishment) of own nationals, as interpreted by the European Court of Human Rights. This principle obligates a state to take measures ensuring its nationals can enter the country.

The Belga News Agency reported that the court made a critical distinction in its reasoning. While it acknowledged that the state’s refusal to organize an official repatriation mission to Syria was not arbitrary — states retain discretion in choosing measures — it found that Belgium had violated the prohibition on exile by failing to take any steps whatsoever to enable the woman and child to cross borders and travel home.

“The procedural stance of the Belgian state, at first instance and on appeal, shows that it did not even consider fulfilling its obligation in any way other than by organising a repatriation mission,” the court stated.

Background: A Decade in Captivity

The woman traveled to Turkey in 2014, where she married before moving to Syria with her husband. Since 2017, she and her daughter — who has spent nearly her entire life in detention — have been held in the Al-Roj camp. Just over a year ago, they formally requested that Belgium facilitate their return.

The Al-Roj refugee camp, located in northeastern Syria’s Al-Hasakah Governorate near the Iraq border, holds approximately 2,300 people from 60 different countries, 60% of whom are children. Originally established in 2014 for Iraqi refugees, it now primarily houses individuals displaced from the Islamic State of Iraq and the Levant (ISIL), mainly family members of suspected fighters. Controlled by the Syrian Democratic Forces (SDF), the camp is a closed site where residents cannot leave without permission, and living conditions remain challenging with limited access to clean water, medical care, and education.

Legal Journey

An Antwerp-based family — relatives of the woman and child — initiated legal proceedings in January 2026 to compel the Belgian state to bring them home. In early February 2026, a lower court ruled against the family, finding that Belgium was not obligated to repatriate them. The family appealed, leading to Monday’s landmark ruling by the Brussels Court of Appeal.

The Belgian government had argued that repatriation was impossible due to the security situation in Syria and the absence of Belgian diplomatic representatives in the region. However, the court rejected this as insufficient justification for complete inaction, noting that the state knew or ought to have known that NGOs active on the ground had successfully carried out repatriations for other countries, including Australia.

Penalty and Child Protection

If the state fails to comply within one month of the ruling’s notification, it faces a penalty of €2,500 per day, up to a maximum of €50,000. Notably, the penalty payment will be directed exclusively to a blocked bank account in the name of the minor daughter, which will remain frozen until she reaches adulthood. The mother cannot receive the money under any circumstances, underscoring the court’s emphasis on the best interests of the child.

Broader Implications

This ruling is part of a wider international debate about the responsibility of nations toward their citizens detained in Syrian camps. Belgium has been more proactive than some European nations — having repatriated six orphans in 2019 and six mothers with ten children in 2021 — but has faced legal challenges over the pace and scope of its efforts. Foreign Minister Maxime Prévot stated in April 2025 that the state would actively assist in repatriating children under 12 still in Syrian camps.

The decision could set a precedent for other similar cases involving Belgian nationals still detained in Syria. It also raises questions about what will happen to the mother upon her return, as she may face legal proceedings related to her alleged links to ISIL, as has been the case with other repatriated Belgian women.

What’s Next

The Belgian government now has one month to initiate procedures. It may appeal the ruling to the Court of Cassation, Belgium’s highest court. The changing political landscape in Syria following the fall of the Assad regime in late 2024 and early 2025 adds further complexity, potentially creating new opportunities or obstacles for implementation. Observers will be watching closely to see whether this ruling accelerates repatriation efforts for other Belgian nationals still detained in Syrian camps.