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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