1.1.2 States’ Obligations in Time of Armed Conflict 44. International human rights law, including the Convention on the Rights of the Child, should be respected, even in times of armed conflict. An armed conflict exists whenever there is resort to armed force between States (international armed conflict) or when there is protracted armed violence between government authorities and organized armed groups or between such groups within a State (non-international armed conflict). 45. Different sets of rules apply to international armed conflict and non-international armed conflict. The core international humanitarian treaties that are applicable to international armed conflict are the four Geneva Conventions of 1949 and Additional Protocol I of 1977. As far as children are concerned, Protocol I sets out a general rule that “[c]hildren shall be the object of special respect and shall be protected against any form of indecent assault” and that “[t]he Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason”.76 As far as non-international armed conflict is concerned, common article 3 to the Geneva Conventions and Additional Protocol II of 1977 are the core applicable rules. In relation to children, Protocol II provides that “[c]hildren shall be provided with the care and aid they require” and then sets out specific measures to be taken, including the obligation to take all appropriate steps to facilitate the reunion of families temporarily separated.77 46. Moreover, customary rules of interna- 76 Additional Protocol I to the Geneva Conventions (1977), art. 77 (1). 77 Additional Protocol II to the Geneva Conventions (1977), art. 4 (3). 26. tional humanitarian law apply in situations of armed conflict. Many of these customary rules apply to both international and non-international armed conflict and therefore apply to any armed conflict regardless of its type. Parties to an armed conflict, including non-state armed groups deemed “terrorist organizations”, are required to apply these rules.78 Recruitment of children under the age of 15 years is prohibited by international humanitarian law and the recruitment of children under the age of 18 years is prohibited under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. An important feature of the Optional Protocol is the raising of age from 15 to 18 years regarding recruitment of children or their involvement in conflict. Conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities is a war crime in international and non-international armed conflict under the Rome Statute of the International Criminal Court.79 47. The protections under international humanitarian law also apply to children who may find themselves under the jurisdiction within the power of a party to the conflict, including when they have been apprehended or detained.80 International humanitarian law principles on direct participation in hostilities also provide helpful guidance on the application of international humanitarian law and principles concerning actual affiliation with armed forces or armed groups. 78 ICRC, “The updated Commentary on the First Geneva Convention” (2016), para. 458. 79 Rome Statute for the International Criminal Court (1998), art. 8 80 Geneva Conventions of 12 August 1949, common art. 3(1). Further detail on detention in non-international armed conflict available at ICRC, “The updated Commentary on the First Geneva Convention” (2016), paras, 717-728.