In Belgium a judge is ordering the government to allow two female ISIS members and their six children back into the country. The two traveled to the ‘caliphate’ five years ago with their now-deceased husbands; they are currently in a refugee camp in Syria. They sued the Belgian government to retrieve them, but lost their case and appeal. After a visit from psychologists with the Child Focus charity, who wrote a report stating the ISIS children ‘are like any other children’, the women sued again and now they have won their case.
The judge is ordering the Belgian government to ‘take any necessary and possible steps’ to bring the six children back, and the mothers as well as ‘separating them would be a violation of children and human rights’. Belgium is to establish diplomatic contacts, arrange all paper work (administrative documents, passports, travel papers), and secure the women on their return flight so they can be arrested in Belgium. The deadline to have them all back in Belgium is 40 days.
The Belgian government is appealing the court’s decision.
Activist judges are making decisions that should be subject to the democratic process, but the separation of powers is long gone (if it ever was). The fear of the political class to deal with the problems we are facing, is allowing judges a lot of room for interpretation, and the more politicians refuse to set out a specific course or policy the more this will happen. There is no way for voters to hold judges accountable for their decisions, like there is with politicians.
Add to the mix: numerous international pacts and treatises like the Marrakesh pact, which are called ‘non-binding’, but which will be used by national judges in rulings on state decisions. That way, what should be political decisions are being made by judges who are not elected and not in any way held accountable by the people. Wherever the political class refuse to make policy, the heavily left-leaning rhetoric of symbolic international treaties takes the place of national law.