In this episode Associate Professor Imogen Saunders is joined by Dr Rumyana van Ark and Professor Kim Rubenstein to discuss citizenship, security, and the rights of children in the context of Australians held in camps in North East Syria.
Prompted by recent debate over the so-called “ISIS brides”, the conversation asks what citizenship means when citizens are abroad, what obligations states owe to their nationals, and how those questions become even more urgent when children are involved. Kim Rubenstein explains the uncertain place of citizenship in Australian constitutional law, the limits of diplomatic protection, and the dangers of using citizenship deprivation as a tool of punishment or security policy. Rumyana van Ark examines the position of children in the camps through the lens of international children’s rights, counter-terrorism law, and the practical consequences of prolonged detention, repatriation delays, and statelessness.
Together, they explore the uneasy relationship between national security and human rights; the vulnerability of dual citizens; the gendered and racialised dimensions of citizenship stripping; and the risks of treating children associated with foreign fighters as security threats rather than rights holders. The episode also reflects on “security populism”, the limits of existing international legal frameworks, and why repatriation, prosecution where appropriate, rehabilitation, and reintegration may be not only more rights-compliant, but also better security policy.
Recommendations:
‘Security and Human Rights’ (2nd ed.) by Benjamin J Goold and Liora Lazarus (eds.)(https://www.bloomsbury.com/uk/security-and-human-rights-9781849467308/)
‘Europe’s Guantanamo: The indefinite detention of European women and children in North East Syria’, Rights & Security International (https://www.e-elgar.com/shop/gbp/children-s-rights-foreign-fighters-counter-terrorism-9781800377110.html)
‘Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere’ by Rumyana van Ark, Devyani Prabhat and Faith Gordon (https://www.e-elgar.com/shop/gbp/children-s-rights-foreign-fighters-counter-terrorism-9781800377110.html)
'Allegiance and Identity in a Globalised World’ by edited Fiona Jenkins, Mark Nolan and Kim Rubenstein (https://www.cambridge.org/core/books/abs/allegiance-and-identity-in-a-globalised-world/allegiance-and-identity-in-a-globalised-world)
Kim Rubenstien and Niamh Lenagh-Maguire, 'More or less secure? Nationality questions, deportation and dual nationality’ (https://www.cambridge.org/core/books/abs/nationality-and-statelessness-under-international-law/more-or-less-secure-nationality-questions-deportation-and-dual-nationality)
'The vulnerability of dual citizenship in Australia | Kim Rubenstein | TEDxFulbrightCanberra’ (https://www.youtube.com/watch?v=51B8aA1UCWM)
Music: Sam Barsh, Oils of au lait