cern at the use of detained children for information-gathering purposes, and emphasizes that
children who have been recruited in violation
of applicable international law by armed forces
and armed groups and are accused of having
committed crimes during armed conflicts should
be treated primarily as victims of violations
of international law.138 According to the Paris
Principles on Children Associated with Armed
Forces or Armed Groups, such children should
be considered victims of violations of their
rights, and of offences under international law,
as well as their environment, in which they were
coerced in some form.139 Consequently, States
should ensure that such children can claim their
rights and seek protection in a non-hostile environment.140 States should prioritize provision of
psychosocial rehabilitation and social reintegration
services for these children.141 Those who exploit, recruit, train and use children should be held criminally responsible.142
138 Security Council resolution 2427 (2018), preambular
para. 11, para. 20.
139 The Paris Principles Groups (2007), para. 3.6. “Children
who are accused of crimes under international law allegedly
committed while they were associated with armed forces or
armed groups should be considered primarily as victims of
offences against international law; not only as perpetrators.
They must be treated in accordance with international law
in a framework of restorative justice and social rehabilitation, consistent with international law which offers children
special protection through numerous agreements and
principles.”
140 Committee on the Rights of the Child, general comment No. 13 (2011), para. 52.
1.3.2 The Need for Individualized Assessments
79.
The conclusion about what may be in a
particular child’s best interests necessarily varies.
Therefore, it is critical that each child be assessed
individually according to his or her situation, rights and
needs in a multidisciplinary manner.143 This is also be
critical to devising effective measures for each child,
including for rehabilitation and reintegration, while
ascertaining any security concerns a child may pose.
80.
Addressing the needs of children
affected by the foreign fighter phenomenon,
including their reintegration into a community,
should always be preceded by an individualized
best-interests assessment. The assessment
should be done in a friendly and safe atmosphere.
Professionals trained in relevant human and
social development fields, such as child psychology, child development, should undertake the
assessment in a multidisciplinary manner.144 The
assessment should include an examination of the
child’s health, potential impacts of gender-based
violence and her or his family and community
environments and attachments, among other
things.145 Such assessments should be undertaken in a cultural, gender and age-sensitive manner.
It is also important to pay special attention to the
atrocities that children may have witnessed and
remain rooted in the child’s best interests,
regardless of national considerations or priorities.146
81.
Children affected by the foreign fighter
phenomenon may have been forced to participate
in military training or may have been married at
a very young age. They may have experienced,
141 Convention on the Rights of the Child, arts. 39, 40(1),
Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict
(2000), art. 6(3). See also Security Council resolution 2427,
which urges Member States to consider non-judicial measures that focus on rehabilitation and reintegration (para.
21), and encourages Member States to focus on long-term
and sustainable reintegration and rehabilitation opportunities for children affected by armed conflict (para. 26).
143 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 76.
142 Security Council resolution 2427 (2018), para. 30.
146 Ibid., para. 7.31.
36.
144 Ibid., para. 94.
145 The Paris Principles (2007), paras. 6.35.2, 7.69.0, 7.72.