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Two groups of ISIS-linked women and children are due to arrive in Sydney and Melbourne later today. What happens after that is unclear. United Nations Special Rapporteur on Human Rights and Counter Terrorism, Ben Saul supports their return to Australia.

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00:01Well, it's about time that Australia took responsibility for Australians who may have
00:07been involved with terrorism abroad, and our security agencies are very well equipped to
00:13deal with any past crimes or atrocities that they may have been involved in, or any future
00:19terrorist threats that they may pose here in Australia.
00:22The children, of course, are innocent victims.
00:25They are victims of terrorism, of child abuse, of, in some cases, poor parenting, and it's
00:32absolutely right that Australian authorities now try to help nine Australian children get
00:38back on their feet.
00:39They've missed out on education, on ordinary development as children, in imprisonment indefinitely,
00:46arbitrarily, in cruel, violent conditions in North East Syria, and they deserve a chance
00:53at a new life.
00:54You say it's absolutely right, but what are Australia's obligations towards these children?
01:00Well, Australia certainly needs to rehabilitate and reintegrate them, and this is the message
01:07coming from the United Nations Security Council and international human rights law.
01:12So it means they will inevitably need counselling for the kind of trauma that they've experienced,
01:18for instance, and the violence they've witnessed overseas under one of the worst terrorist groups
01:23on the planet.
01:25They'll need special support for education because they've missed out on formal decent schooling
01:31in the camps back in Syria.
01:33And they need all the kind of social services and support to get back on their feet and function as
01:41effective members
01:42of the Australian community.
01:43The AFP says there'll be arrests and monitoring once the group arrives.
01:49What charges would some of the women be charged with?
01:53So Australia has some of the most comprehensive and tough counter-terrorism laws in the world.
01:59And if you've had various forms of engagement with a terrorist group like Islamic State,
02:05there are lots of charges that could be available.
02:07Membership of an organisation, associating with members of an organisation, funding, recruiting,
02:14providing support, advocating terrorism.
02:18In addition to that, there are offences of merely entering an area which was previously declared
02:24off-limits by the Australian foreign minister, places like Raqqa and Mosul, without good excuse.
02:32And then on top of that, of course, Australia has international crimes, war crimes, crimes against humanity
02:37and genocide.
02:38So I think there's an allegation of slavery, which is a crime against humanity.
02:43So all of that should be charged and prosecuted if that's appropriate in individual cases.
02:52And Ben, would a legal challenge reassure those parts of the community who might be nervous,
02:57afraid of what could happen?
03:00Absolutely.
03:01I mean, I think the Australian authorities have had a very long time to investigate and build
03:07cases against anyone who has a case to answer.
03:10I mean, these people were in detention for six years.
03:14Australia has built a pretty large intelligence profile on them, including from partner agencies.
03:21So we've had lots of time to prepare.
03:24In addition, there are control orders available.
03:26So if you can't charge someone with a crime, but they still pose some kind of threat, then
03:31you can apply to a court for a civil control order to impose heavy restrictions on people
03:37to prevent them from any future engagement in terrorism.
03:42Can you remind us what happened to another group of women who returned in 2022?
03:47Ben, do we know what they're doing now?
03:50Well, this is in some ways a success story, because like is the case in many other countries
03:56who have returned thousands of their nationals in places like Central Asia and parts of Europe,
04:02Europe, it's usually a story of great success.
04:06If you take the right measures of rehabilitation and reintegration, it's very unlikely that these
04:12people will re-offend or become involved in terrorism.
04:17I mean, these are people who have learnt their lesson.
04:19They lived under a brutal Islamic State regime.
04:24Many of them were victims themselves of terrorism or trafficking or coercion by family members.
04:30And if you give people a second chance, coupled with the right levels of support,
04:36there's every chance that they will successfully reintegrate into our community.
04:42And that's certainly the case with the children.
04:45And that's certainly the case with the children.
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