Born of ISIS Genocide: Risk of Statelessness and Stigmatised Nationality Acquisition for Children of Yezidi Survivors

What is it about?

Children born to Yezidi survivors of genocidal rape during Islamic State (ISIS) captivity are likely to face a future interspersed with difficult realisations about the tragic circumstances of their coming into this world. In the shadow of the trauma endured by their mothers, many are subject to the legacy of genocide. One such manifestation is their civil documentation predicament, as they are trapped between the risks of statelessness and the possibility of acquiring a dangerously stigmatised nationality that associates the children with their perpetrator fathers. Considering the human rights and best interests of such children, this article unpacks the legal, religious and social dimensions that complicate their ability to access the right to a nationality, and traces the evolving community discourse on the issue. The central claim is that in exceptionally tragic circumstances, accessing a stigmatised form of nationality may be just as problematic as the plight of remaining stateless. Despite some initial ‘creative’ informal solutions to the problems the laws have failed to solve, the article concludes by turning to the international community to fill the gap in protection available to these children.

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