given to the coercive environment under which
the child was living or forced to act. The best
interests of the child should be the primary
consideration when applying counter-terrorism
laws and policies to children.322 The justice process
should have as the primary goal the ultimate
rehabilitation and reintegration of the child concerned.
161.
On the topic of children recruited by
armed groups that are designated terrorist groups,
the United Nations Office of Drugs and Crime
(UNODC) has developed a Handbook on children
recruited and exploited by terrorist and violent
extremist groups.323 The Handbook provides
guidance for developing a comprehensive approach to the treatment of children recruited
and exploited by terrorist and violent extremist
groups, from prevention to reintegration intervention. Such guidance is anchored in the analysis of
the international legal framework and in the identification of relevant promising practices across
different regions of the world. The Handbook, as
well as the law and standards summarized in the
following section, offers a useful starting point for
how to support children who may be in contact
with the law.
6.1
International Law and Standards
6.1.1
Promoting Alternatives to Prosecution
Children as victims of international law violations
162.
The Security Council has emphasized that
children who have been recruited by armed groups
in violation of international law and are accused
of having committed crimes during armed conflict
should be treated primarily as victims of violations
of international law.324 Security Council resolution
2396 (2017) stresses the importance of assisting
women and children associated with foreign terrorist fighters who may be victims of terrorism,
taking into account gender and age sensitivities.325
163.
Children who are used by designated terrorist groups are victims of violations of broader
international laws against recruitment and use of
a child.326 The Optional Protocol to the Convention
on the Rights of the Child on the involvement of
children in armed conflict prohibits recruitment
and use in hostilities of anybody under 18 years
of age by armed groups.327 International humanitarian law – under the Additional Protocols to the
Geneva Conventions of 1949 and customary humanitarian law – also prohibits recruitment and
324 Security Council resolution 2427 (2018), para. 20.
325 Security Council resolution 2396 (2017).
322 A/HRC/40/28, para. 60.
323 UNODC, Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role
of the Justice System (2017). The Handbook is available in
Arabic, English, French, in printed and electronic versions.
326 UNODC, Handbook on Children Recruited and Exploited
by Terrorist and Violent Extremist Groups (2017), 40-46.
327 Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict
(2000), art. 4.
75.
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