use of anybody under 15 years old in hostilities.328
Conscripting or enlisting children under the age
of 15 years or using them to participate actively in
hostilities constitutes a war crime in international
and non-international armed conflicts under the
Rome Statute of the International Criminal Court.329
Finally, the International Labour Organization
(ILO) Convention No. 182 on the worst forms of child
labour also requires States to prohibit and eliminate “forced or compulsory recruitment of children
for use in armed conflict” as a matter of urgency.330
164.
The Security Council has recognized
that children may have been required to serve
in designated terrorist groups in many different
roles, including as supporters and facilitators.331
The use of children by designated terrorist groups
should be interpreted broadly, as children may
have been used as “fighters, cooks, porters, messengers, spies or for sexual purposes”. Use should
not be limited to direct participation in hostilities.332
165.
Children affected by the foreign fighter phenomenon may also be victims of
abduction, sexual violence and trafficking. The
328 Additional Protocol I (1977) to the Geneva Conventions,
art. 77(2); Additional Protocol II (1977) to the Geneva Conventions, art. 4(3)(c); ICRC, Customary International Humanitarian Law database, rule 136 recruitment of child soldiers,
available at https://ihl-databases.icrc.org/customary-ihl/
eng/docs/v1_rul_rule136; ICRC, Customary International Humanitarian Law database, rule 137 on participation of child
soldiers in hostilities, available at https://ihl-databases.icrc.
org/customary-ihl/eng/docs/v1_rul_rule137.
329 Rome Statute for the International Criminal Court
(1998), art. 8; Security Council resolution 1261(1999), para.
2; Security Council resolution 1460 (2003), para. 8; Security
Council resolution 2143 (2014), para. 5.
330 Convention concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour
(1999), art. 3(a).
331 Security Council resolution 2396 (2017), para. 31.
332 The Paris Principles on Children Associated with Armed
Forces or Armed Groups (2007), para. 2.1.
76.
Security Council recognizes that there is a link
between abduction, recruitment and trafficking of
children. Children in situations of armed conflict
can be particularly vulnerable to trafficking,333
while some children are victims of trafficking and
exploitation by designated terrorist groups. Victims of trafficking and abduction should not be
punished for crimes committed as a result of their
being trafficked.334
Example from Morocco—
Rehabilitation prioritized
In Morocco, rehabilitation is prioritized
over criminal prosecution, taking into
consideration the fact that prosecution itself
may further traumatize children returning
from conflict-affected areas. The Government
has devised a rehabilitation programme
with the aim of eventually releasing the
children to their families. The programme
also contains reconciliation aspects developed in consultation with religious scholars.
Voluntariness of association and coercive environment
166.
Although children are recognized as
agents in their own right, whether they can ever be
considered to have intentionally associated with
armed groups is disputed. Given that the recruitment that appears to be most voluntary could be
an attempt to survive in the context of war with
limited options, distinction between voluntary
and forced recruitment may be artificial. Children
333 Security Council resolution 2427 (2018), para. 39.
334 See, for example, Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (2000).
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