concerns that the term may also lead to stigmatization and dehumanization, especially for children. The Handbook uses the term “foreign terrorist fighters” when referring to the use of the term as
reflected in relevant Security Council resolutions.37
Children affected by the foreign fighter phenomenon
24.
The Handbook uses the broad term “children affected by the foreign fighter phenomenon” to recognize the diverse ways in which the
phenomenon impacts children. This affirms the
principle that international standards for child
rights should apply to all children, regardless of
their situation or age. The diverse groups38 of children may include, but are not limited to, children
who fall into one or more of the following categories: children accompanying family members
who crossed borders to join designated terrorist
groups; children who travelled to areas of conflict
to join such groups; children who were taken by
such groups across borders; children who directly
participated in hostilities; children who were born
in conflict zones or areas impacted by the foreign
fighter phenomenon and children who were identified by authorities to be linked with such groups
by virtue of familial relationship even when they
37 See also United Nations Counter-Terrorism Implementation Task Force Working Group on Promoting and Protecting
Human Rights and the Rule of Law while Countering Terrorism, guidance to States on human rights-compliant responses
to the threat posed by foreign fighters (New York, 2018), available at www.un.org/sc/ctc/wp-content/uploads/2018/08/
Human-Rights-Responses-to-Foreign-Fighters-web-final.pdf.
38 Security Council resolution 2396 (2017) uses the term
“children associated with foreign terrorist fighters”. It was
raised during expert meetings held while developing this
Handbook that the use of the term “association” could be
problematic as national legal frameworks that define “association” frequently do not require international acts. Children
should not be criminally responsible for his or her presence
in a country if she or he travelled with family or was born
there. Notably, the Paris Principles (2007) define children
associated with armed groups as primarily those recruited
or used by an armed force or armed group. See para. 2.1.
had never travelled abroad. Some of these cases
may involve parental abduction, criminal kidnapping, human trafficking, recruitment, use, and
exploitation for the worst forms of child labour.
25.
Such children include newborns up to
the age of 18. Both girls and boys, including children with disabilities, are impacted by the phenomenon. While mindful of the need for age and
gender-sensitive programmes for such children,
the Handbook reiterates that international human rights law, including child rights law, affords special protections to all those under 18
years of age. Any accountability measures shall
consider the child’s age at the time of the commission of a crime and the conditions under
which the child may have been living or acting,
including coercive, manipulative, or violent conditions. They should simultaneously support
the child’s rehabilitation and reintegration.39
International Human Rights Law, International Humanitarian Law, and International Refugee Law
International human rights law
26.
International human rights law is established through treaties and customary international law. When States become parties to international human rights treaties, they are obligated
to act in accordance with and uphold all of the
requirements imposed by the treaty. When a State
ratifies a treaty, it can make a reservation, which
excludes or modifies the legal obligations under
certain provisions of the treaty in their application
39 Convention on the Rights of the Child (1989), art. 37;
Committee on the Rights of the Child, general comment No.
24 (2009) on children’s rights in juvenile justice.
19.