"Just conned by the boys!"? The role of gender in shaping social attitudes towards, and legal arguments within, the prosecution of repatriated ISIS brides

In October 2022, the Australian Government repatriated four women and 13 children from the Al Roj camp in Syria as the first in what is thought to be multiple attempts to repatriate "ISIS brides" and their children to Australia. This paper will examine what we know to date from media reporting, and any available legal records, of the event leading up to the arrest in January 2023 of repatriated ISIS bride Mariam Raad who is currently facing charges in Australia of entering or remaining in an area controlled by ISIS in Syria in 2014. It argues that gendered assumptions have shaped national security responses to Australia's "ISIS brides" and are likely to impact repatriation process and legal arguments. To demonstrate this, the nature of the offences charged, media discussion of the circumstances of Raad entering the declared area, possible legal defences, the emerging role of gender in the shaping of social attitudes towards the decision to prosecute Raad, and, the likely impact of gender in other relevant legal arguments will be anticipated. Literature on benevolent sexism and attribution of agency and responsibility to women who offend (see Viki, Abrams and Masser, 2004) will be used as one way to make sense of the some of the social and legal construction of the legal responsibility of ISIS brides charged with offences after being repatriated to Australia. General comments on the psychosocial impact of this repatriation decision and likely mental health support needed will be flagged, with reference to the proceedings of other nations such as the United States, Germany, the Netherlands, and Belgium.