1.2 General Principles under the criminal responsibility are not precluded where there Convention on the Rights of the Child is a credible evidence of commission of a crime. 48. To paraphrase UNICEF, all children have In the 2018 Addendum to the 2015 Guidone thing in common—their rights.81 The Convening Principles on Foreign Terrorist Fighters tion on the Rights of the Child has been ratified by (S/2018/1177), the Security Council Counternearly all Member States, and many of its provisions Terrorism Committee repeatedly stresses have also attained the status of customary law. Its the need to ensure the full protection and Optional Protocol on the Involvement of Children in promotion of the rights of the child and to Armed Conflict has been ratified by 168 States as of take into account the rights of the child as a March 2019. The Optional Protocol serves as a stanprimary consideration.84 dard by which international actors measure the protection of children in conflict zones, including 50. Under the Convention, there are four general contexts involving designated terrorist groups. guiding principles: (a) the non-discriminatory treat49. The Convention on the Rights of the Child ment of children (art. 2), (b) the best interests of the obligates States parties to protect the rights of ev- child as a primary consideration (art. 3), (c) the child’s ery individual under 18 years within their jurisdic- inherent right to life, survival and development (art. tion. Children are entitled to special protection as 6), and (d) respect for the views of the child (art. 12). they are often dependent on others, not afford- These principles are critical when developing and ed an opportunity to express their views and are implementing national laws, policies and programmes unable to participate in decisions about them- concerning children affected by the foreign fighter selves or make a strong case advocating for their phenomenon, particularly in light of state obligations own interests.82 They face vulnerabilities and are to protect and support rehabilitation and reintegranot necessarily fully capable of appreciating the tion of children affected by armed conflicts under the implications of their decisions, actions or the danger Convention as well as Security Council resolution 2396.85 they may face.83 As a result, regardless of their circumstances, States must treat all children affected by the foreign fighter phenomenon primarily as victims entitled to special protection. Consequently, measures concerning such children should aim for their rehabilitation and reintegration, although investigation and prosecution in line with international juvenile justice standards of a child above the minimum age of 81 UNICEF, “What is the Convention on the Rights of the Child?”, available at www.unicef.org/crc/index_73547.html 1.2.1 The Right to be Free from Discrimination 51. Children have a right to be free from discrimination. This is a key principle that must be recognized and respected as the basis for all actions by States parties. States must respect and ensure the rights of each child within their jurisdiction without discrimination of any kind, including discrimination based on nationality, 82 Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1, para.37). 84 Addendum to the 2015 Madrid Guiding Principles (2018), principles 37, 38, 42, 43 and 47. 83 Committee on the Rights of the Child, general comment No. 6 (2005), para. 55. 85 Convention on the Rights of the Child (1989), arts. 38, 39, 40; Security Council resolution 2396 (2017), paras. 30, 31. 27.