who join armed groups often do so under extreme manipulation, coercion, and duress. Children may be unable to avoid association with armed groups, including designated terrorist groups, that are in control of a territory, and whose tactics, methods and milieu are inherently coercive. Most children associated with designated terrorist groups experience some form of coercion or constraint.335 Even when children exhibit some degree of agency in joining armed groups, they often join to meet basic needs.336 Children living in territory that is controlled by armed groups often have no choice but to become affiliated in some capacity, even if their affiliation is limited to non-combative roles, such as forced marriage or participating in training or the education system.337 Therefore, prosecution and criminalization of children formerly under the control of designated terrorist groups should not be undertaken, particularly when the association is only alleged. 167. Assessment of the child’s criminal responsibility should be made on a case-by-case basis, and should include any mitigating factors. States should seek to provide clear criteria for competent authorities in this regard. During any contact with the law, consideration should be given to the coercive environment under which children were living or forced to act. Factors that must be considered include the child’s age when he or she became involved in the armed group; reasons for joining; consequences of refusal to join and consequences of attempting to leave; length of time as a member; forced use of drugs, alcohol and medication; level of education and understanding; trauma, abuse or ill-treatment 335 A/HRC/40/28, para. 36. 336 Ibid., para. 37. 337 United Nations University, Cradled by Conflict: Child Involvement with Armed Groups in Contemporary Conflict (2018), 240. suffered; and absence of positive role models. 168. At the same time, under national laws, association or affiliation with armed forces or groups often includes girls and boys who serve in support roles, and in some legislation, includes preparatory or ancillary actions, material support, or even posts on social media due to broad counter-terrorism legislation.338 Such laws, as applied to children, violate international law. Children, as victims of recruitment and use, should not face criminal charges for acts of association with a group deemed a designated terrorist group by the United Nations. Rather, States should investigate and prosecute adults who recruit children or who manipulate, coerce or order them to commit terrorist acts. Likewise, expressions of support for particular groups, acts, or ideologies that do not rise to the level of incitement to discrimination, hostility, or violence, or to committing terrorist acts, should not constitute criminal offenses.339 6.1.2 International Justice Standards for Children 169. Many children affected by the foreign fighter phenomenon are under the minimum age of criminal responsibility (Committee on the Rights of the Child recommends 14 years), and/or are merely living under the control of armed groups. For these children, there is no legitimate reason for prosecution. Children should not be prosecuted for membership in an armed group nor affiliation based on family ties or other association, as recruitment and use of children by 338 Ibid., 42, 220. 339 International Covenant on Civil and Political Rights (1966), arts. 19 and 20; General Assembly resolution 26/288, Global Counter-Terrorism Strategy (2006) and Security Council resolution 1624 (2005). 77.