SECTION 6: Juvenile Justice 159. The Security Council has emphasized that children who were recruited in violation of international law by armed groups and have been accused of committing crimes during armed conflicts should be treated primarily as victims of violations of international law.317 The Council has specifically urged Member States to consider nonjudicial measures as alternatives to prosecution and detention that focus on the rehabilitation and reintegration of children formerly associated with armed groups.318 Guiding principle 31 of the Security Council Counter-Terrorism Committee’s guiding principles on foreign terrorist fighters recommends that Member States “consider appropriate administrative measures and/or rehabilitation and reintegration programmes as alternatives to prosecution in appropriate cases. Such measures should be used in a manner compliant with applicable international human rights law and national legislation and should be subject to effective review”.319 The Committee’s principles reflect the Principles and Guidelines on Children Associated with Armed Forces and Armed Groups (the Paris Principles) which prioritize reintegration and rehabilitation of children primarily as victims of violations of international law. The preference of seeking alternatives to prosecution is based on the status of children as victims of violations of international law regarding child recruitment and the use of children in hostilities and is supported by an approach that aims to minimize revictimization. In reality, a significant number of children—especially teenage boys— 317 Security Council resolution 2427 (2018), para. 20. 318 Ibid., para. 21; see also Security Council resolution 2225 (2015), para. 9. 319 S/2015/939, annex II, (2018), guiding principle 31. 74. have been systematically arrested and detained for their alleged association with designated terrorist groups.320 They are exposed to harsh detention conditions, charged under anti-terrorism laws and even sentenced to capital punishment. 160. Although children have agency, whether children ever truly voluntarily associate with armed groups is contested, as those who join armed groups often do so under extreme manipulation, coercion and duress.321 Nonetheless, children who have reached the age of criminal responsibility may be criminally liable for certain actions, but only with due consideration to their right to child-specific due process and minimum standards based on their age, needs and specific vulnerabilities, and with respect for internationally recognized juvenile justice and fair trial standards. During the course of judicial proceedings, including investigation and trial, consideration should be 320 A/HRC/40/49, para. 18; A/72/865, paras. 76, 186 and 224; A/73/278, para. 9. 321 International Criminal Court, Submission of the Observations of the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict pursuant to Rule 103 of the Rules of Procedure and Evidence in the case The Prosecutor v. Thomas Lubanga Dyilo (ICC01/04-01/06-1229-AnxA), 18 March 2008, paras. 10, 14, 18, 21 and 23, (arguing that: “(1)The distinction between voluntary enlistment and forced recruitment is a distinction without meaning in the context of armed conflict because even the most voluntary of acts can be a desperate attempt to survive by children with a limited number of options in the context of war; and (2) Using children to participate actively should be interpreted broadly since children are required to play multiple support roles including as spies, messengers, porters, scouts, and cooks, that place them in danger.”); see also International Criminal Court, The Prosecutor v. Thomas Lubunga Dyilo, ICC-01/04-01//06, judgement of 14 March 2012; United Nations University, Cradled by Conflict: Child Involvement with Armed Groups in Contemporary Conflict (2018).