Practice Relating to Rule 135. Children

Geneva Convention IV
Article 23, first paragraph, of the 1949 Geneva Convention IV provides: “Each High Contracting Party shall … permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, …”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 23, first para.
Geneva Convention IV
Article 24, first paragraph, of the 1949 Geneva Convention IV provides: “The Parties to the conflict shall take all necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 24, first para.
Geneva Convention IV
Article 38, fifth paragraph, of the 1949 Geneva Convention IV provides that children under 15 years, aliens in the territory of a party to the conflict, “shall benefit by any preferential treatment to the same extent as the nationals of the State concerned”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 38, fifth para.
Geneva Convention IV
Article 50, fifth paragraph, of the 1949 Geneva Convention IV provides:
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, … 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 50, fifth para.
Geneva Convention IV
Article 76, fifth paragraph, of the 1949 Geneva Convention IV provides that, in the treatment of detainees in occupied territory, “[p]roper regard shall be paid to the special treatment due to minors”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 89, fifth para.
Geneva Convention IV
Article 89, fifth paragraph, of the 1949 Geneva Convention IV provides: “[C]hildren under fifteen years of age [who are interned] shall be given additional food, in proportion with their physiological needs.”
Additional Protocol I
According to Article 8(a) of the 1977 Additional Protocol I, the terms “wounded” and “sick” also cover new-born babies. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 8(a). Article 8 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.37, 24 May 1977, p. 68.
Additional Protocol I
Article 70(1) of the 1977 Additional Protocol I provides: “In the distribution of relief consignments, priority shall be given to … children …”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 70(1). Article 70 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 245.
Additional Protocol I
Article 77(1) of the 1977 Additional Protocol I provides: “Children shall be the object of special respect”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 77(1). Article 77 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Additional Protocol II
Article 4(3) of the 1977 Additional Protocol II provides: “Children shall be provided with the care and aid they require”. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(3). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
Convention on the Rights of the Child
Article 38 of the 1989 Convention on the Rights of the Child provides:
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.
4. In accordance with their obligation under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. 
Convention on the Rights of the Child, adopted by the UN General Assembly, Res. 44/25, 20 November 1989, Article 38(1) and (4).
African Charter on the Rights and Welfare of the Child
Article 22 of the 1990 African Charter on the Rights and Welfare of the Child provides:
1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.
3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife. 
African Charter on the Rights and Welfare of the Child, adopted by the Sixteenth Ordinary Session of the OAU Assembly of Heads of State and Government, Res. 197 (XVI), Monrovia, 17–20 July 1990, OAU Doc. CAB/LEG/24.9/49 (1990), Article 22(1) and (3).
UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Paragraphs 4 and 5 of the 1974 UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict state:
4. All the necessary steps shall be taken to ensure the prohibition of measures such as persecution, torture, punitive measures, degrading treatment and violence, particularly against that part of the civilian population that consists of … children.
5. All forms of repression and cruel and inhuman treatment of … children, including imprisonment, torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction, committed by belligerents in the course of military operations or in occupied territories shall be considered criminal. 
Declaration on the Protection of Women and Children in Emergency and Armed Conflict, adopted by the UN General Assembly, Res. 3318 (XXIX), 14 December 1974, §§ 4 and 5.
Standard Minimum Rules for the Administration of Juvenile Justice
Rule 13.5 of the 1985 Standard Minimum Rules for the Administration of Juvenile Justice provides: “While in custody, juveniles shall receive care, protection and all necessary individual assistance … that they may require in view of their age, sex and personality.”  
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, adopted by the UN General Assembly, Res. 40/33, 29 November 1985, also known as the Beijing Rules, Rule 13.5.
Standard Minimum Rules for the Administration of Juvenile Justice
Rule 24.1 of the 1985 Standard Minimum Rules for the Administration of Juvenile Justice provides: “Efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary assistance … in order to facilitate the rehabilitative process.” 
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, adopted by the UN General Assembly, Res. 40/33, 29 November 1985, also known as the Beijing Rules, Rule 24.1.
Cairo Declaration on Human Rights in Islam
Article 3 of the 1990 Cairo Declaration on Human Rights in Islam provides: “In the event of the use of force and in case of armed conflict, it is not permissible to kill non-belligerents such as … children”. 
Cairo Declaration on Human Rights in Islam, adopted at the 19th Session of the Islamic Conference of Foreign Ministers, Res. 49/19-P, Cairo, 5 August 1990, annexed to Letter dated 19 September 1990 from the permanent representative of Egypt to the UN addressed to the UN Secretary-General, UN Doc. A/45/421-S/21797, 20 September 1990, Article 3.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 77(1) of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 77(1) of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 2(24) of Part III of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines states that the Agreement seeks to protect and promote “the right of children … to protection, care, and a home, especially against physical and mental abuse, prostitution, drugs, forced labour, homelessness, and other similar forms of oppression and exploitation”. 
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, The Hague, 16 March 1998, Part III, Article 2(24).
UN Secretary-General’s Bulletin
Section 7.4 of the 1999 UN Secretary-General’s Bulletin provides: “Children shall be the object of special respect.” 
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 7.4.
United Nations Millennium Declaration
In paragraph 26 of the United Nations Millennium Declaration, the heads of State and Government declared:
We will spare no effort to ensure that children and all civilian populations that suffer disproportionately the consequences of natural disasters, genocide, armed conflicts and other humanitarian emergencies are given every assistance and protection so that they can resume normal life as soon as possible. 
United Nations Millennium Declaration, adopted by the UN Millennium Summit, New York, 6–8 December 2000, endorsed by the UN General Assembly, Res. 55/2, 8 September 2000, § 26.
EU Charter of Fundamental Rights
Article 24 of the 2000 EU Charter of Fundamental Rights provides: “Children shall have the right to such protection and care as is necessary for their well-being.” 
Charter of Fundamental Rights of the European Union, signed and proclaimed by the European Parliament, the Council and the Commission of the European Union, Nice, 7 December 2000, Article 24.
N’Djamena Declaration on Ending Recruitment and Use of Children by Armed Forces and Groups
In June 2010, Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan adopted the N’Djamena Declaration. In its preamble, the participating States, “reiterating [their] concern regarding the precarious situation of children affected by conflict and the consistent presence of children within armed forces and groups in [their] region”, recognized that
States have the primary responsibility of ensuring, without discrimination, the security and protection of all children living on their national territory, and that no territory should be used in any form for recruitment of children by armed forces or groups. 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, Preamble.
The participating States pledged
8. To integrate and provide response to all fundamental and specific needs of children within national poverty reduction strategies, social protection and Security Sector Reform (SSR);
11. To protect children from all forms of exploitation and violence, by criminalizing all acts of sale of children, child prostitution and child pornography and ensuring the rights of child victims and witnesses. 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, §§ 8 and 11.
Argentina
Argentina’s Law of War Manual (1969) provides: “The belligerent parties shall take the necessary measures to ensure that children under the age of 7 who have been orphaned or separated from their families are not left to their own resources.” 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 4.007; see also Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 4.12.
The manual further states:
The occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under 15 years. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 5.009.
Argentina
Argentina’s Law of War Manual (1989) provides that new-born babies are considered as included in the concept of wounded and sick. 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 2.02.
The manual further states that “children shall be the object of a special respect and shall be protected against any form of indecent assault” and that “they are to receive care and aid as they require on account of their age or any other reasons”.  
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 4.12.
With respect to non-international armed conflicts in particular, the manual provides: “Children shall receive the assistance and care they require.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 7.04.
Australia
Australia’s Commanders’ Guide (1994) states that the terms “wounded” and “sick” “also cover … new born babies”. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, glossary, p. xxiv.
Australia
Australia’s Defence Force Manual (1994) provides: “Children are granted special protection under LOAC. Important rules are shown below: a. because of their age children should receive all the aid and care they require.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 947.
The manual further states: “The occupying power must take necessary steps to ensure that children under 15 years of age and who are separated from their families are not left to their own resources.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1215.
Australia
Australia’s LOAC Manual (2006) states:
7.38 … [In the context of siege warfare] The opposing parties are required to try and conclude local agreements for … the passage of consignments of medical and hospital stores and objects … and of essential foodstuffs, clothing and tonics intended for children under 15 …
9.50 Children are to be respected and protected, especially against indecent assault. The care and aid needed by children must be provided. As is the case with women, children are granted special protection under the LOAC … because of their age children should receive all the aid and care they require …
12.29 The occupying power must take necessary steps to ensure that children under 15 years of age and who are separated from their families are not left to their own resources. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 7.38, 9.50 and 12.29.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Benin
Benin’s Military Manual (1995) provides: “Children shall be treated with respect due to their … age.” 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule III, p. 4.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states concerning prisoners of war that “children must be treated with due regard to … their age”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 105.
Cameroon
Cameroon’s Instructor’s Manual (2006) states:
Children also deserve special respect. They must not be subjected to any form of indecent assault. They are entitled to receive from the parties to the conflict the care and assistance that befits them because of their age or for any other reason. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 29, § 131; see also p. 49, § 213 and p. 75, § 321.
Canada
Canada’s LOAC Manual (1999) provides: “Belligerents must make provision for the care of children under 15 who have been orphaned or separated from their families as a result of the conflict. They must ensure the maintenance of such children.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-3, § 25.
With respect to non-international armed conflicts in particular, the manual states: “Children are to receive such aid and protection as required.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-3, § 22.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power:
Belligerents must make provision for the care of children under 15 who have been orphaned or separated from their families as a result of the conflict. They must ensure the maintenance of such children … Belligerents must also facilitate the reception of these children by neutral countries for the duration of hostilities, with the consent of the Protecting Power, if any. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1114.
In its chapter on rights and duties of occupying powers, the manual states:
1218. Welfare measures
2. The occupying power must take the necessary steps to ensure that children under fifteen separated from their families are not left to their own resources, and that proper steps are taken to maintain their education and religious welfare …
1219. Relief measures
1. The occupying power is under an obligation to allow free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended for civilians in occupied territory, as well as of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. However, it may, require that distribution of such supplies be under the supervision of the Protecting Power. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 1218.2 and 1219.
In its chapter on non-international armed conflicts, the manual states:
1714. Treatment of children
1. [The 1977 Additional Protocol II] provides that children are to receive such aid and protection as required …
2. Children under fifteen who do take part in hostilities remain protected. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1714.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states the following with regard to the capture and treatment of juveniles:
a. Determination of Age. There may be instances where PW do not know or are unwilling to reveal their date of birth. In such circumstances, the decision whether or not an individual is to be classified as a juvenile is to be made by an officer. In such a situation, it will be better to assume that the PW is a juvenile until more detailed checks can be made.
b. Treatment. Apart from the general guidance contained in [the 1977 Additional Protocol I], Art. 77, the [1949 Geneva Conventions] and [the 1977 Additional Protocol I] make no specific provision for the capture and treatment of juveniles. It will therefore be for Canada, as the Detaining Power, to establish a policy for the initial handling of juveniles, which will conform to the humanitarian principles of the [1949 Geneva Conventions]. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 302.9.
With regard to the searching of juveniles, the manual states that “[an] officer is to be present at all times when juveniles … are searched”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 3B-1, § B001.2.
With regard to the special dietary requirements of juveniles, the manual states: “Juveniles… are … to be provided with appropriate dietary supplements as directed by the Canadian or coalition Medical officer”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F11.2.
With regard to liability for work duties, the manual states that juveniles “may be employed in light work only”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3G01.1.e.
With regard to the interrogation and tactical questioning of prisoners of war (PW), the manual states: “PW are entitled in all circumstances to respect for their persons and their honour. … Children who have not attained the age of 18 years shall be the object of special respect.” 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 404.1.d.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police) that “children must be treated with the respect owed to them on account of their … age.” 
Central African Republic, Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Section I.
Chad
Chad’s Instructor’s Manual (2006) states: “Children … deserve special respect. … They are entitled to receive from the parties to the conflict the care and aid they need because of their age and for any other reason.” 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 53; see also pp. 34, 36 and 92.
Colombia
Colombia’s Basic Military Manual (1995) provides:
IHL rules favour especially the civilian population so that assistance and protection, which the parties to the conflict shall bring, are given in priority to the most vulnerable persons or groups of persons, who are: children, … 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 25.
The manual further states, with respect to non-international armed conflicts in particular: “Care and aid shall be provided to children.” 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 74.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007), in Book I (Basic instruction), lists children among “[p]ersons and objects under special protection”. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 19.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states:
Children are extremely vulnerable in situations of armed conflict. State parties to an armed conflict must guarantee the protection and care of children affected by such conflict. Therefore, … captured child combatants below the age of fifteen years must be protected. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 25; see also pp. 46 and 47.
The manual also states that “children below the age of fifteen who have become orphans or have been separated from their families for reasons related to the war may not be left to themselves.” 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 26.
Ecuador
Ecuador’s Naval Manual (1989) provides: “Children are entitled to special respect and protection.” 
Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.3.
El Salvador
El Salvador’s Soldiers’ Manual provides that it is prohibited to “attack and maltreat … children”. The manual further states: “Any act of violence against … children … is a criminal, cowardly and dishonourable act, punishable by serious disciplinary sanctions.” 
El Salvador, Manual del Combatiente, undated, pp. 3 and 5.
El Salvador
El Salvador’s Human Rights Charter of the Armed Forces provides that children must be respected and protected. 
El Salvador, Derechos Humanos. Decálogo de la Fuerza Armada de El Salvador, Ministerio de la Defensa Nacional, Departamento de Derecho Humanitario, undated, pp. 7 and 13.
France
France’s LOAC Teaching Note (2000) provides: “Particular attention shall be paid to the protection of … children”. 
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 4; see also Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, pp. 62 and 96.
France
France’s LOAC Manual (2001) provides: “With concern about protection, … new-born babies … are assimilate to wounded and sick under humanitarian law.” 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 32.
It further states: “The law of armed conflicts provides for special protection of the following persons: … children”. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 96.
Germany
Germany’s Military Manual (1992) provides: “Children shall be the object of special respect and protection. They shall be provided with the care and aid they require, whether because of their youth or for any other reasons.” It adds: “If they fall into the power of an adverse party, they shall be granted special protection.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten KonfliktenHandbuch, August 1992, § 505.
India
India’s Manual of Military Law (1983) provides that special care must be taken in respect of children. 
India, Manual of Military Law, Three Volumes, Ministry of Defence, Government of India, 1983, p. 5/3–5/6.
India
India’s Army Training Note (1995) orders troops not to “ill treat any one, and in particular, … children”. 
India, Army Training Note, Chief of Staff, Army Training Command, Ministry of Defence, Government of India, 1995, p. 4/24, § 10.
Indonesia
The Report on the Practice of Indonesia, with reference to the Military Manual (1982), states that children under 15 years of age, orphaned or separated from their families as a result of conflict, shall be protected and given access to health care and food. 
Report on the Practice of Indonesia, 1997, Chapter 5.3, referring to The Basics of International Humanitarian Law, Legal Division of the Indonesian Armed Forces, 1982.
Italy
Italy’s IHL Manual (1991) provides that the occupying power “shall take all necessary measures to ensure the care … of minors”. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 48(9).
Kenya
Kenya’s LOAC Manual (1997) provides: “Parties to the conflict are to care for children under 15 years of age who are orphaned and who are separated from their families. They are not to be subjected to political propaganda.” 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 4, p. 5.
Madagascar
Madagascar’s Military Manual (1994) provides: “Children shall be the object of a particular respect and be protected against indecent assault.” It adds: “The occupant must … ensure the welfare of children.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 27.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states that “children under the age of fifteen who become prisoners of war must be treated with special respect and protected against any form of indecent assault.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 163.
In a section on the 1949 Geneva Convention IV, the manual states:
Children must receive the care and aid they require by reason of their age or for any other reason. All practicable measures must be taken … to ensure that those who have become orphaned or separated from their families as a result of the war are not left to their own resources and that their maintenance, the exercise of their religion … are facilitated in all circumstances. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 215.
In the same section, the manual also states:
As far as children are concerned, it is provided that the occupying power, with the cooperation of national and local authorities, must facilitate the proper working of all institutions devoted to the care and education of children. It must take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, under any circumstances, change their personal status. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 234(B).
In a section on the 1977 Additional Protocol I, the manual further states that this Protocol “establishes special measures for the protection … children”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 261; see also § 255.
Morocco
Morocco’s Disciplinary Regulations (1974) provides that soldiers in combat are required to spare children. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(4).
Netherlands
The Military Manual (1993) of the Netherlands states: “Children shall be protected against any form of indecent assault. Children shall be provided with the care and aid they require, because of their age.” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VIII-3.
Netherlands
The Military Manual (2005) of the Netherlands states that “children are entitled to special protection. The parties to a conflict should give them the care and help they need.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, p. 16.
In its chapter on the protection of the civilian population, the manual states: “Children should be the object of special respect and protected against any form of indecent assault. Children should be given the care and help they need because of their age.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0811.
In its chapter on non-international armed conflict, the manual states:
1060. Children must receive the care and help that they need.
1061. This involves: receiving an upbringing, including religious and moral, in accordance with the wishes of the parents or carers; facilitating the reuniting of families whose members have been temporarily separated; not being called up for service in the armed forces or armed groups, if they are under the age of fifteen; not allowing them to participate in the hostilities; special protection for such children if, despite the foregoing, they have taken part in hostilities and have been taken prisoner; and adopting measures (including temporary escorting, by adults responsible for their safety and wellbeing, as far as possible with the consent of their parents or carers) whenever children have to be transferred outside the area of hostilities to a safer part of the country. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 1060–1061.
New Zealand
New Zealand’s Military Manual (1992) provides: “The Occupying Power must take the necessary steps to ensure that children under fifteen separated from their families are not left to their own resources.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1317(2).
The manual further states: “Belligerents must make provision for the care of children under 15 who have been orphaned or separated from their families as a result of war.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1112(1).
The manual then states that, as aliens in the territory of a party to the conflict, “children under 15 … must be given the benefit of any preferential treatment that is accorded to similar classes of nationals of the belligerent”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1118(1).
With respect to non-international armed conflicts in particular, the manual provides that children under 15 “are to receive such aid and protection as they require”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1813(1).
Nicaragua
Nicaragua’s Military Manual (1996) provides that “special measures for children under 15 who are orphaned or are separated from their families as a result of the war” shall be taken. 
Nicaragua, Manual de Comportamiento y Proceder de las Unidades Militares y de los Miembros del Ejército de Nicaragua en Tiempo de Paz, Conflictos Armados, Situaciones Irregulares o Desastres Naturales, Ejército de Nicaragua, Estado Mayor General, Asesoría Jurídica del Nicaragua, 1996, Article 14(40).
Nigeria
Nigeria’s Operational Code of Conduct (1967) provides: “Children must not be molested or killed. They will be protected and cared for.” 
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(b).
The Code of Conduct adds: “Youths and school children must not be attacked unless they are engaged in open hostility against Federal Government Forces. They should be given all protection and care.” 
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(c).
Peru
Peru’s IHL Manual (2004) states: “Children … must be treated with all the regard due to their sex and age.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 32.f; see also § 84.c.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “Children … must be treated with all the regard due to their sex and age.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 33(f), p. 251; see also § 75(c), p. 274.
Philippines
The Rules for Combatants (1989) of the Philippines provides: “All civilians, particularly … children … must be respected.” 
Philippines, Rules for Combatants, in Handbook on Discipline, Annex C(II), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, Rule 1.
Philippines
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
While not in combat:
4. Do not allow any person below 18 years old to take part in the armed conflict. Children shall be considered as zones of peace and shall enjoy the protection of the State against dangers arising from an armed conflict. Children shall not be recruited or employed by the government forces to perform or engage in activity necessary to and in direct connection with an armed conflict either as a soldier, guide, courier or in a similar capacity which would result in his being identified as an active member of an organized group that is hostile to the government forces.
8. Inform the troops that a child taken in custody by government forces in an area of armed conflict should be informed of his/her constitutional rights and shall be treated humanely. Some of [these] basic rights are “the right to remain silent”, “the right to be presumed innocent until proven guilty”, “the right to be notified of the charge,” “right to counsel”, “right to presence of parents or guardian”, and the “right to confront and cross examine witnesses.”
After an engagement:
8. Immediately transfer child custody to the PNP [Philippine National Police]. In case a child is taken into custody by the AFP [Armed Forces of the Philippines], the military commander concerned shall immediately transfer custody over said child to the nearest stations of the Philippine National Police, preferably to the Child and the Youth Relations (CYRS/CYRO) unit thereof. However, never forget to demand receipt from the PNP. 
Philippines, Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law, A Practical Guide for Internal Security Operations, 2006, p. 55, §§ 4 and 8, p. 61, § 8.
In its glossary, the Handbook further notes: “Children – refers to persons below 18 years of age or those over but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.” 
Philippines, Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law, A Practical Guide for Internal Security Operations, 2006, p. 67, Glossary.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “[C]hildren shall be the object of special respect and shall be protected against rape, forced prostitution and any other form of indecent assault.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 56.
With regard to internal armed conflict, the Regulations states: “Children shall be provided with necessary care and assistance. Protection shall remain applicable to them even if they take a direct part in hostilities and are captured.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 81.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) lists children among “persons under special protection”. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 29; see also p. 36.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
Specific Areas that are Subject to Fundamental Protection
- Women and Children. Because they are often the innocent victims and tormented targets of war, women and children are specifically protected. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, p. 24.
The manual also states:
2.4 Specifically Protected Persons and Objects:
a. Civilians
[1949] Geneva Convention IV further stipulates special categories of civilian persons who enjoy special protection under the Convention (articles 4, 14, 16, 17 and 24), to wit:
- Children younger than fifteen.
Protective Measures in Favour of Women and Children (Additional Protocol I Article 76 and 77)
- Article 77 stipulates that children shall be the object of special respect and shall be protected against any form of indecent assault.
- The Parties to a conflict shall provide children with the care and help they require[] because of their age or any other reason.
- In particular, children under 15 years of age may not be enrolled in the armed forces nor may they take a direct part in hostilities. When recruiting children between 15 and 18 years old into the armed forces, priority must be given to those who are the oldest.
- If children are nevertheless involved in military operations – something that in fact happens all too often – they are still entitled to the special protection and treatment in terms of article 77 when captured, whether or not they are POW [prisoners of war].
- Arrested, detained or interned children must be held in quarters that are separate from that of adults, except where families are accommodated in family units.
Conclusion
… Article 4 of Geneva Convention IV provides for further refinements to this definition [of civilians]. …
Special categories of civilian persons who enjoy special protection under the Convention are expectant mothers, mothers of children under the age of seven, aged or infirm persons, wounded and sick civilians and children younger than fifteen.
Protection of protected persons entails the following:
- Children shall receive special respect and shall be protected against any form of indecent assault.
- Children shall be given the care and help they require because of their age or any other reason.
- Children under 15 years of age may not be enrolled in the armed forces nor may they take a direct part in hostilities. When recruiting children between 15 and 18 years old into the armed forces, priority must be given to those who are the oldest.
- Captured children who were nevertheless involved in military operations are still entitled to the special protection.
- Children must be detained in quarters that are separate from that of adults, except where families are accommodated in family units.
2.7 Special Protection: Occupied Territories
Responsibilities during Occupation
The Occupying Power has all the responsibilities of the legitimate State. Its responsibilities include to:
- Occupying Powers have important and specific responsibilities regarding children as provided for in Article 50 [of 1949] Geneva Convention IV. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 112, 113–114, 121–122, 123, 124, 155 and 156–157.
Spain
Spain’s LOAC Manual (1996) provides: “Children are also the object of a special respect and they shall be protected against any form of indecent assault. If they are taken prisoner, they shall be protected under special provisions.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, División de Operaciones, 18 March 1996, Vol. I, § 1.3.c.(1); see also § 5.2.a.(2).
Spain
Spain’s LOAC Manual (2007) states: “Children … are also the object of special respect and must be protected against any form of indecent assault … If they are taken prisoner, they are protected by special provisions.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1); see also § 5.2.a.(2).(a).
The manual further states: “The parties to the conflict are encouraged to conclude agreements to establish safety zones to protect … children … from the effects of war.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1).
Sweden
According to Sweden’s IHL Manual (1991), the “general protection of … children” contained in the 1977 Additional Protocol I has the status of customary international law. 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 2.2.3, p. 19.
The manual further provides: “The occupying power also has a particular responsibility in the area of child care.” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 6.1.3, p. 123.
Switzerland
Switzerland’s Basic Military Manual (1987) provides: “Children shall be the object of a particular respect. Children shall be protected against any form of indecent assault.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 146(3).
The manual also states: “Children shall be the object of a particular protection and respect.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 36; see also Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 39 and Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 107.
The manual further provides: “Necessary measures must be taken so that children under 15 years of age, who are separated from their families as a result of war, are not left to their own resources.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 157(1).
In addition, the manual states: “Transports of … children … effected by convoys of vehicles and hospital trains, shall be respected and protected in the same way as hospitals.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 37.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “[C]hildren … must be specially protected.” 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 199.
(emphasis in original)
Tajikistan
Tajikistan’s Manual of Internal Service of the Armed Forces (2001) states: “It is prohibited to use weapons against … minors.” 
Tajikistan, Manual of Internal Service of the Armed Forces of the Republic of Tajikistan, endorsed by the Decree of the Madjilsi Namoyandagon of Madjlisi Oli [Parliament] of the Republic of Tajikistan No. 273 of 4 April 2001 and promulgated by the Order of the Minister of Defence of the Republic of Tajikistan No. 3 of 2 May 2001, § 12.
Togo
Togo’s Military Manual (1996) provides: “Children shall be treated with respect due to their … age.” 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule III, p. 4.
Ukraine
Ukraine’s IHL Manual (2004) states:
As concerns children, international humanitarian law envisages the following:
- the special protection to children who have not attained the age of fifteen years shall remain applicable to them even if they took a direct part in hostilities and are captured. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.4.11.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides:
35. Belligerents must allow the free passage of … all consignments of essential foodstuffs, clothing and tonics intended for children under 15 …
36. Belligerents must make provision for the care of children under 15 who have been orphaned or separated from their families as a result of the war. They must ensure the maintenance of such children … Belligerents must also facilitate the reception of these children by neutral countries for the duration of hostilities, with the consent of the Protecting Power, if any, and under due safeguards as above, and must endeavour to arrange for all children under 12 to be easily identifiable. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 35–36.
The manual further states that as aliens in the territory of a party to the conflict, “children under fifteen … must be given the benefit of any preferential treatment that is accorded to similar classes of nationals of the belligerents”. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 46.
The manual also provides:
The Occupant must not prevent the application of any measures which may have been adopted prior to the occupation in favour of children under fifteen … with regard to food, medical care and protection against the effects of war. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 538.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides: “The free passage of medical and hospital stores and objects for religious worship is guaranteed as well as essential food and clothes for children.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 9, p. 34, § 5.
The Pamphlet adds: “Parties to the conflict are to care for children under 15, orphans and those separated from their families. They are not to be subject to political propaganda.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 9, p. 34, § 6.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “Children are to be respected and protected, especially against indecent assault. The care and aid needed by children must be provided.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.9.
In its discussion on the 1977 Additional Protocol II, the manual states:
15.39. In general, “children shall be provided with the care and aid they require” but the protocol also lays down particular requirements. These include an education which makes provision for their religious and moral care, steps to facilitate family reunions, and a ban on their recruitment or participation in the hostilities while under the age of fifteen. However, if children under that age do take part in hostilities, they continue to benefit from the general protections provided in the protocol, including the special protection of them as children. If necessary, measures should be taken, where possible with the consent of their parents or guardians, “to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being”.
15.39.1. Particular attention is given to the position of children because they are likely to be at special risk in internal conflicts. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 15.39.–15.39.1.
United States of America
The US Field Manual (1956) reproduces Articles 23, 24, 38, 50 and 89 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 44, 262, 263, 277, 296 and 389.
United States of America
The US Air Force Pamphlet (1976) states: “Children under 15 … enjoy the same preferential treatment provided for the nationals of the state concerned.” 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 14-5; see also § 14-3.
United States of America
The US Naval Handbook (1995) provides: “Children are entitled to special respect and protection.” 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 11.3.
Uruguay
Uruguay’s Basic Information for the Pre-Deployment of Personnel Involved in UN Stabilization Missions (2014), in a section entitled “The contribution of women to peace processes and the special protection due to women and children”, states:
As was seen in the section on the analysis of international humanitarian law, one of the main responsibilities of contingents is to protect civilian populations, particularly women and children. 
Uruguay, Información Básica para el Pre-Despliegue de Personal Subalterno a la Misiones de Estabilizacion de las Naciones Unidas, 4th edition, General Directorate of Defence Policies, Ministry of National Defence, 2014, p. 43.
Afghanistan
Afghanistan’s Presidential Decree on Special Operations (2012) states:
Handing over the Special Operations from … NATO to [the] mixed – MoD [Ministry of Defence], MoI [Ministry of the Interior] and NDS [National Directorate of Security] – Afghan security forces was an essential [step] to ensure and guarantee the national sovereignty and rule of law in Afghanistan. Implementation of such operation[s] makes the responsibilities of the judicial and justice bodies harder, and requires them to have a[n] [in-]depth concentration on the fundamental rights and freedom[s] of the citizens, guaranteed in the Constitution and Criminal Procedure Code in [all] phases – inspection, detection, investigation, prosecution and trial.
Thus, I order observance of the following provisions … :
4. During the Special Operations … special measures [are to] be taken to protect juveniles … . 
Afghanistan, Presidential Decree on Special Operations, 2012, Article 4.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) provides that, in case of evacuation of civilian persons from a besieged zone, “special attention is given to children and they are taken great care of”. 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 15.
Azerbaijan
Azerbaijan’s Law on the Rights of the Child (1998) states: “The government of Azerbaijan undertakes to ensure protection of children located in a conflict zone”. 
Azerbaijan, Law on the Rights of the Child, 1998, Article 37.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Belarus
Belarus’s Law on the Rights of the Child (1993) states that children separated from their families as a result of armed conflict must be protected and provided with material and medical assistance by the public authorities. 
Belarus, Law on the Rights of the Child, 1993, Article 30.
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Law on Child Protection (2009) states: “The State ensures the protection, education and necessary care for children affected by armed conflict … especially those who are found and not identified in relation to their family environment.” 
Democratic Republic of the Congo, Law on Child Protection, 2009, Article 72.
The Law also states: “For the purpose of the present law, it is understood as: 1. child: every person under the age of 18”. 
Democratic Republic of the Congo, Law on Child Protection, 2009, Article 2(1).
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
El Salvador
El Salvador’s Penal Code (1997), as amended to 2008, which contains a section on the violations of the laws or customs of war, states in the general section: “Criminal law will be equally applicable to all persons who at the moment of the act were over the age of eighteen. Persons under this age will be subjected to a special regime.” 
El Salvador, Penal Code, 1997, as amended to 2008, Article 17.
Guinea
Guinea’s Children’s Code (2008) states:
Article 265: Every Child … affected by an armed conflict … is considered an “Orphan and Vulnerable Child”.
Article 266: [Orphans and Vulnerable Children] shall benefit from all necessary support from the State and its components.
Such support may include:
- Direct actions in favour of [Orphans and Vulnerable Children] carried out in order to improve their living conditions without the intervention of intermediaries;
- Empowering communities: giving communities the opportunity of endogenous action promoting care for [Orphans and Vulnerable Children];
- Reinforcement of institutional capacities by improving the intervention skills of NGOs [non-governmental organizations], institutions and communities through training courses and equipment;
- Activities and awareness-raising [campaigns] in order to encourage communities to bring about positive change for [Orphans and Vulnerable Children].
Article 267: [Orphans and Vulnerable Children] shall benefit from legal and judicial assistance from the Center for Legal Assistance, [c]ounselling centers, the National Bar Association of Guinea, the National Chamber of Judicial Officers and other State institutions.
Article 287: The following situations are considered as particularly difficult and threatening to the health of a Child, his or her development or physical or moral integrity:
- The Child’s exposure to and his or her exploitation during armed conflicts;
Article 433: Children affected by an armed conflict benefit from all the protective measures laid down in International Humanitarian Law. They shall receive all the care and help they may need due to their age or due to any other reason.
Article 435: A Child shall benefit from material conditions of the detention or internment appropriate to his or her age.
Article 439: All necessary measures shall be taken to ensure that children under the age of 15, who are either orphans or separated from their family for reasons linked to an armed conflict, will not be left to their own devices. 
Guinea, Children’s Code, 2008, Articles 265–267, 287, 433, 435 and 439.
India
India’s Juvenile Justice (Care and Protection of Children) Act (2000) states:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. – (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2000.
(2) it extends to the Whole of India except the State of Jammu and Kashmir.
2. Definitions – In this Act, unless the context otherwise requires, –
d. “child in need of care and protection” means a child –
ix. who is victim of any armed conflict, civil commotion or natural calamity;
CHAPTER III
CHILD IN NEED OF CARE AND PROTECTION
29. Child Welfare Committee. – (1) The State Government may, by notification in [the] Official Gazette, constitute for every district or group of districts, specified in the notification, one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
31. Powers of Committee. – (1) The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.
32. Production before Committee. – (1) Any child in need of care and protection may be produced before the Committee by one of the following persons:
(i) any police officer or special juvenile police unit or a designated police officer;
(ii) any public servant;
(iii) childline, a registered voluntary organisation or by such other voluntary organisation or an agency as may be recognised by the State Government;
(iv) any social worker or a public spirited citizen authorised by the State Government; or
(v) by the child himself.
33. Inquiry. – (1) On receipt of a report under section 32, the Committee or any police officer or special juvenile police unit or the designated police officer shall hold an inquiry in the prescribed manner and the Committee, on its own or on the report from any person or agency as mentioned in sub-section (1) of section 32, may pass an order to send the child to the children’s home for speedy inquiry by a social worker or child welfare officer.
(3) After the completion of the inquiry if the Committee is of the opinion that the said child has no family or ostensible support, it may allow the child to remain in the children’s home or shelter home till suitable rehabilitation is found for him or till he attains the age of eighteen years.
34. Children’s homes. – (1) The State Government may establish and maintain either by itself or in association with voluntary organisations, children's homes, in every district or group of districts, as the case may be, for the reception of child[ren] in need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation.
37. Shelter homes. – (1) The State Government may recognise reputed and capable voluntary organisations and provide them assistance to set up and administer as many shelter homes for juveniles or children as may be required.
39. Restoration. – (1) Restoration of and protection to a child shall be the prime objective of any children’s home or the shelter home.
(2) The children’s home or a shelter home, as the case may be, shall take such steps as are considered necessary for the restoration of and protection to a child deprived of his family environment temporarily or permanently where such child is under the care and protection of a children’s home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitable directions.
Explanation. – For the purposes of this section “restoration of child” means restoration to –
(a) parents;
(b) adopted parents;
(c) foster parents.
CHAPTER IV
REHABILITATION AND SOCIAL REINTEGRATION
40. Process of rehabilitation and social reintegration. – The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children’s home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care organisation.
CHAPTER V
MISCELLANEOUS
49. Presumption and determination of age. – (1) Where it appears to a competent authority that person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile or the child, the competent authority shall make due inquiry so as to the age of that person and for that purpose shall take such evidence as may be necessary (but not an affidavit) and shall record a finding whether the person is a juvenile or the child or not, stating his age as nearly as may be.
62. Central, State, district and city advisory boards. – The Central Government or a State Government may constitute a Central or State Advisory board, as the case may be, to advise that Government on matter relating to the establishment and maintenance of the homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of child[ren] in need of care and protection and juvenile[s] in conflict with law and co-ordination among the various official and non-official agencies concerned. 
India, Juvenile Justice (Care and Protection of Children) Act, 2000, Articles 1(1)–(2), 2(d)(ix), 29(1), 31(1), 32(1), 33(1) and (3), 34(1), 37(1), 39–40, 49(1) and 62(1).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 23, 24, 38, 50, 76 and 89 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Articles 70(1) and 77(1), as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 4(3), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Kenya
Kenya’s Children Act (2001) states that “where armed conflict occurs, respect for and protection and care of children shall be maintained in accordance with the law”. 
Kenya, Children Act, 2001, § 10(2).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Rwanda
Rwanda’s Law Relating to Rights and Protection of the Child against Violence (2001) provides:
Article: 1
For the purpose of this law, a child is anybody aged below eighteen (18) years with the exception of what is provided for in other laws.
Article: 23
The child should be cared for and rescued first in times of misfortune and war. 
Rwanda, Law Relating to Rights and Protection of the Child against Violence, 2001, Articles 1 and 23.
South Africa
South Africa’s Constitution (1996), as amended to 2003, states:
28. Children.
(1) Every child has the right –
(i) not to be used directly in armed conflict, and to be protected in times of armed conflict.
(2) A child’s best interests are of paramount importance in every matter concerning the child.
(3) In this section “child” means a person under the age of 18 years.
37. States of emergency.
(1) A state of emergency may be declared only in terms of an Act of Parliament and only when –
(a) the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; …
(5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration may permit or authorise–
(c) any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table. 
South Africa, Constitution, 1996, as amended to 2003, Sections 28(1)(i) and (2)–(3) and 37(1) and (5)(c).
In the “Table of Non-Derogable Rights”, the Constitution includes section 28, entitled “Children”, and states that the right is protected “[w]ith respect to … subsection (1)(i) in respect of children of 15 years and younger”. 
South Africa, Constitution, 1996, as amended to 2003, Section 37.
Spain
Spain’s Penal Code (1995), as amended in 2003, states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
3. … [V]iolating the prohibitions … regarding the special protection owed to … children as stipulated by the international treaties to which Spain is a party. 
Spain, Penal Code, 1995, as amended on 25 November 2003, Article 612(3).
Venezuela
According to Venezuela’s Code of Military Justice (1998), as amended, it is a crime against international law to “make a serious attempt on the life of … children”. 
Venezuela, Code of Military Justice, 1998, as amended, Article 474.
Colombia
In 2005, in the Constitutional Case No. C-203/05, the Plenary Chamber of Colombia’s Constitutional Court stated:
Minors are the subject of different levels of especial protection under international humanitarian law which are relevant in situations of internal armed conflict such as the one in Colombia; thus (i) minors are protected as part of the civilian population, (ii) in addition they receive special protection due to their status as especially vulnerable members of the civilian population. 
Colombia, Constitutional Court, Constitutional Case No. C-203/05, Judgment of 8 March 2005, § 4.5.4.2.1.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the obligation to protect the special rights of children affected by armed conflict. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 112.
[footnote in original omitted]
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
The accused’s position is stated to be that this Court has no jurisdiction to try him.
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed. 
South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.
[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.
Afghanistan
In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:
National Strategy for Children at Risk
55. This strategy was adopted in 2006 and seeks to provide a framework for the development of a network of services and programmes which protect children and support their families … The aim is to protect children from exploitation, violence, and abuse. Various categories of children have been identified as “at risk” … Through implementation of this strategy over the last three years 2,366,177 children have been protected.
164. The MoLSAMD [Ministry of Labour, Social Affairs, Martyrs & Disabled] adopted the National Strategy for Children at Risk in 2006. One of the Strategy’s objectives is to build a supportive environment for children at risk by creating conditions for: adequate income and livelihoods for the maintenance of children; suitable and affordable shelters; access to basic healthcare; awareness on importance of nutrition; access to quality education; enabling a secure environment; preventing underage and forced marriages; social protection; awareness on respecting the rights of children; and access to safe drinking water. The Strategy also supports children who are at risk due to armed conflict and tries to secure a standard of living that is in line with the Convention’s standards.
… Child street workers
176. In Afghanistan there are no street children, but there are child street workers who resort to working in the streets because of their families’ poor economic conditions [and] conflict-related problems (internal displacement and weakening of community support networks) …
178. The existence of child street workers is a big challenge for the Government and civil society. The Government, in cooperation with international organizations, has established drop-in day centres to support these children. The children come to the centres daily at specific hours. Here they have access to … food … These centres have … social workers, and other service personnel.
255. In accordance with the National Strategy on the Protection of Children at Risk, article 71, safe play areas have been established throughout the country to facilitate the healthy physical and emotional development of children and preserve them from the risk of landmines and unexploded ordinances.
359. Despite the achievements, many serious challenges still lie ahead on the path of ensuring and institutionalizing child rights such as: … victimization of children during the armed conflict; … lack of access of children to standard living conditions; presence of street children. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 55, 164, 176, 178, 255 and 359.
Afghanistan also stated that the category of “children at risk” includes “child soldiers and other war-affected children … [as well as] internally displaced and returnee children”. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 55, footnote n. 17.
Afghanistan further stated: “The laws of Afghanistan define all individuals under the age of 18 years as a child.” 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 72.
Armenia
In 1997, in its initial report to the Committee on Economic, Social and Cultural Rights, Armenia stated: “In times of armed conflict, the State and its organs must give children special protection. The right of the child to personal inviolability is guaranteed by law.” 
Armenia, Initial report to the Committee on Economic, Social and Cultural Rights, 5 December 1998, UN Doc. E/1990/5/Add.36, submitted 14 July 1997, § 155.
Australia
In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated: “We are concerned that children continue to be subject to … trafficking and other violations.” 
Australia, Statement by its representative before the UN Human Rights Council Periodic Review on Kenya, 6 May 2010.
Azerbaijan
In 2009, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Azerbaijan stated:
420. Although 13 years [have passed since] … the announcement of [a] cease fire in the military conflict started by Armenia, children still suffer from its consequences. The war-affected children can be categorized as follows:
(a) Children living in refugee towns or other temporary residences;
(b) Children suffer[ing] from explosive remnants of war (mines);
(c) Children from both categories [who] need physical or psychological rehabilitation
421. Starting 2005, 20-day annual camps [have been] organized for [the] psychological rehabilitation of children and youth [who] became disabled because of mines and [who are] still living in the front-line regions.
424. The Azerbaijani State is committed to [provide enduring] … protection [for] … the children of the war-affected areas in accordance with international legal norms. 
Azerbaijan, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 26 April 2011, UN Doc. CRC/C/AZE/3-4, submitted 11 November 2009, §§ 420–421 and 424.
Belgium
In 2004, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Belgium stated: “In armed conflicts children have a right to special attention, in particular to prevent them from being exploited as soldiers. Special attention should be given to the different needs of boys and girls.” 
Belgium, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 15 August 2005, UN Doc. CRC/C/OPAC/BEL/1, submitted 30 March 2004, § 73(b).
Belgium
In 2007, in a statement before the UN Security Council on threats to international peace and security, the permanent representative of Belgium stated:
… Belgium welcomes the increased attention that the Security Council is giving to the protection of civilians – particularly that of … children and other vulnerable groups – in armed conflict. The relevant resolutions aimed at the protection of civilians must be effectively implemented. 
Belgium, Statement by the permanent representative of Belgium before the UN Security Council on threats to international peace and security, 8 January 2007, pp.10–11.
Belgium
In 2007, in a statement before the UN Security Council during a debate on the humanitarian situation in the Great Lakes region and the Horn of Africa, the deputy permanent representative of Belgium stated, with reference to Somalia: “While stressing the primary responsibility of the Transitional Federal Government [of Somalia], Belgium calls upon all parties immediately to ensure the protection of civilians, especially of children”. 
Belgium, Statement by the deputy permanent representative of Belgium before the UN Security Council on the humanitarian situation in the Great Lakes region and the Horn of Africa, 21 May 2007, p. 18.
Chad
In 2009, during the consideration of Chad’s initial report to the Committee against Torture, a statement of the delegation of Chad was summarized by the Committee in its records as follows:
In the area of protection of children, the Government of Chad had set up several programmes in cooperation with international organizations such as UNICEF. These programmes included … a draft global policy to promote all-round development of children, which was aimed at particularly vulnerable children such as … child soldiers.  
Chad, Statement of the delegation of Chad before the Committee against Torture during the consideration of the initial report of Chad, 30 April 2009, published in the summary record of the 873rd meeting, 25 September 2009, UN Doc. CAT/C/SR.873, § 28.
Chad
In 2011, in the Action Plan on Children Associated with Armed Forces and Armed Groups in Chad, signed by the Government of Chad and the United Nations Monitoring and Reporting Mechanism Task Force on Grave Violations against Children in Situations of Armed Conflict, the Government of Chad stated:
2.1 The Government of Chad specifically undertakes to fully and effectively implement the following provisions:
f) Implement a concrete strategy to prevent … abuse of children by members of the armed forces. 
Chad, Action Plan on Children Associated with Armed Forces and Armed Groups in Chad, signed by the Government of Chad and the United Nations Monitoring and Reporting Mechanism Task Force on Grave Violations against Children in Situations of Armed Conflict, 15 June 2011, Article 2.1(f).
China
In 2005, during a debate in the UN Security Council on children and armed conflict, China stated:
Children are the future of the world, and they represent humankind’s hopes for tomorrow. However, as the most vulnerable group, they are often adversely affected by armed conflict. All countries and parties have an obligation to try their best to protect children from the harm of armed conflict. In recent years, the United Nations adopted a series of measures to promote the protection of children in armed conflict. It has also achieved positive results in this area. The Security Council has adopted a series of resolutions – namely, resolutions 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003) and 1539 (2004) – that provide a very important legal framework for the protection of children. Some United Nations peacekeeping operations have also taken the protection of children very seriously, including by appointing child protection advisers and by assisting countries emerging from conflict to give full consideration to the special needs of children as part of their disarmament, demobilization and reintegration (DDR) programmes. In addition, some of the peace agreements that the United Nations has promoted or participated in contain provisions on the protection of children. And some of the countries concerned have taken active steps to provide legislative safeguards for the protection of children. All of that has, to a certain degree, reduced the harm that armed conflict causes children, and such steps should be affirmed.
But despite that progress in the protection of children in armed conflict, countless children continue to suffer from the effects of such conflict. The situation of encroachment upon children's rights by parties to armed conflicts has not improved a great deal. The international community must make sustained efforts to truly change the situation. In that connection, we agree that, in the context of the maintenance of international peace and security, the Security Council should intensify its efforts to prevent and curb conflicts and actively address the root causes of the phenomenon of child soldiers in order to achieve our goal of protecting children. The United Nations should collect its experience in the area of protecting children during peacekeeping operations and give it special treatment so that future peacekeeping operations can benefit from that experience. At the same time, all parties to armed conflicts should strive to meet their obligations under relevant international law and to respect and safeguard the legitimate rights of children. Post-conflict reconstruction should solve the problem by prioritizing the return of children to their families, schools and communities and by providing sufficient resources to that end.
We appreciate the fact that the Special Representative of the Secretary-General, the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees and other United Nations agencies are playing an active role in protecting children in armed conflict. We agree that coordination and cooperation between the United Nations and the relevant regional organizations and among United Nations agencies should be strengthened. We must adopt an integrated strategy in joining efforts to help countries in conflict to increase their ability to protect children. China will continue to work with the international community in making its due contribution to the protection of children. 
China, Statement by the ambassador before the Un Security Council during an open debate on children and armed conflict, 23 February 2005.
China
In 2006, during a debate in the UN Security Council on children and armed conflict, China stated:
… it is regrettable that, at present, children in more than 30 countries around the world are harmed in various ways by armed conflicts. Some of them are killed in merciless wars, while others are forced into armed conflicts as a means of war, still others are kidnapped or subject to various forms of physical abuse. These children rightfully belong in classrooms, studying and acquiring knowledge. Instead, they have become victims of armed conflicts. What needs to be pointed out in particular is that, the recent sudden escalation of the conflict between Lebanon and Israel has resulted in the death of many children in aerial and artillery bombardments, which is shocking to us. We strongly appeal to the parties concerned to strictly abide by international humanitarian law to avoid hurting the innocent, particularly children, and to provide every facility and help for the delivery of humanitarian assistance.
All countries and parties have the obligation to do their utmost to protect children from being harmed in armed conflict. In recent years, the United Nations has taken a number of measures in promoting the protection of children in armed conflict, and positive results have been achieved. In the last seven years, the Security Council has adopted six consecutive resolutions, which provide a comparatively sound framework for the protection of children in armed conflict. Taking the protection of children as an important aspect of their operations, some United Nations peacekeeping missions have given full consideration to the special needs of children in helping the host countries in their disarmament, demobilization and reintegration programs. Some peace agreements concluded with the facilitation and participation of the United Nations also include provisions for protecting children. Countries concerned have taken action to provide guarantees for the protection of children through legislation. These commendable developments have reduced the harm that armed conflict inflicts on children to a certain extent. China is very much concerned that armed conflict in different regions of the world causes harm to children. We support all efforts made by the United Nations, including the Security Council, in promoting the protection of children in armed conflict. I wish to emphasize the following points in this regard:
First, the Security Council should step up its efforts to prevent conflict and maintain peace. Stemming and reducing armed conflicts at their source would protect children by creating the objective conditions for it …
Second, when dealing with the issue of “Children and Armed Conflict”, we should always respect and support the role played by the governments of the countries concerned. Security Council Resolution 1612 “stresses the primary role of national governments in providing effective protection and relief to all children affected by armed conflict.” The operative part of this resolution also repeatedly makes reference to the important role of the governments of the countries concerned … At present, many national governments in conflict situations have adopted various strategies and plans prohibiting the recruitment of child soldiers and protecting children affected by armed conflict. All these factors have to be considered when carrying out international cooperation in this field.
Third, the work of the monitoring and reporting mechanism of the Security Council on Children and Armed Conflict and that of the working group should be further improved and enhanced …
Fourth, the protection of children in armed conflict is an endeavour on a large scale, calling for the collective efforts of all parties concerned. China appreciates the work done by the SRSG [Special Representative of the Secretary-General, here: Special Representative of the Secretary-General for Children and Armed Conflict], including the cooperation she has engaged in with the governments concerned. At the same time, the UN specialized agencies, including UNICEF, and the resident offices of the UN system also have important responsibilities of their own in this field. China believes all parties concerned should strengthen their coordination and cooperation to provide concerted assistance to the countries involved to build up their capacity to protect children. In addition, some civil society organizations and humanitarian organizations have also participated in numerous efforts to protect children. They sometimes operate in very dangerous environments. We would like to recognize their hard work, and hope that they will abide by the principles of justice, neutrality and humanitarianism in helping to advance the local peace process.
Lastly, China once again urges parties to all armed conflicts to genuinely discharge their responsibilities to respect and protect the rights of children. While facilitating post-conflict reconstruction, the international community should give priority to solving such issues as the return of children to their families, to schools and to their society, and provide adequate resources for it. The protection of children has always been a focus in the work of the government of China, which has ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts as early as in 2002. We call on more countries to accede to the Protocol, and hope that the protocol provisions concerning the age limit for conscription will be observed. China hopes that, with the efforts of all parties, a favourable environment will be created for children all over the world to live and grow and enjoy a bright future. 
China, Statement by the ambassador before the Un Security Council during an open debate on children and armed conflict, 24 July 2006.
Colombia
In a statement before the Human Rights Committee in 1988, the representative of Colombia reported that the child vaccination campaigns in Colombia had served as a model in other States, including El Salvador, where hostilities had been suspended in order to allow children to be vaccinated. 
Colombia, Statement before the Human Rights Committee, UN Doc. CCPR/C/SR.819, 14 July 1988, § 8.
Djibouti
In 2011, in the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “Codes and wisdom”, stated: “One does not kill children.” 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 214.
Under the heading “Ethics of Debne warriors” [inhabitants of the Dikhil region in Djibouti], the ministry also stated:
5. Spare children … that are not armed.
6. Spare vulnerable persons (… [such as] children …) and release them. 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 231.
Finland
In 2004, in its initial report to the Committee on the Rights of Child under Article 8(1) of the Optional Protocol on the Involvement of Children in Armed Conflict, Finland stated:
The Government of Finland’s report on human rights policy, released in March 2004, states that children in the midst of international conflicts and civil wars require special protection. Child soldiers, like other children affected by war, are victims.  
Finland, Initial report to the Committee on the Rights of Child under Article 8(1) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, 10 March 2005, UN Doc. CRC/C/OPAC/FIN/1, submitted 1 June 2004, § 18.
France
According to a statement by the permanent representative of France before the UN in 1999, France considers that the age limit to be protected as a child (15 years) in the 1989 Convention on the Rights of the Child is not satisfactory and that it should be raised to 18 years to ensure a better and more effective protection of children during conflicts. 
France, Statement of the permanent representative of France to the UN on the protection of civilians affected by armed conflict, New York, 12 February 1999, Politique étrangère de la France, February 1999.
Germany
In 2003, during a debate in the UN Security Council, the representative of Germany stated:
“Helpless outrage is a characteristic emotion of the global age”, a journalist writing about child war amputees from Freetown recently observed. I think that all of us feel outrage at the devastating effect of armed conflict on children. We are outraged at the cynicism and cruelty of adults who steal the childhood of boys and girls by making them fight in their wars.
The Council is one of the few bodies in the world that does not have to confine itself to “helpless outrage”. The Council can act. Germany is very pleased at the coincidence that its first public address to the Council should deal with children and armed conflict. This issue belongs firmly on the Council’s agenda. Germany will do whatever it can to ensure that we do not stop at debate but also take action …
We thank the Secretary-General, Mr. Olara Otunnu and Ms. Carol Bellamy for their opening remarks and for their reminders that we need practical and concrete progress on the pressing issues facing us.
Germany welcomes this year’s report by the Secretary-General.
Germany fully supports the Special Representative’s call for a vigorous monitoring effort by the United Nations to ensure that States fulfil their international obligations. The list annexed to this report is an important starting point. However, monitoring will only succeed if those who refuse to cooperate and to act upon their international obligations face consequences. We support every effort of the Council to add bite to these monitoring efforts. And we support Olara Otunnu’s concept of systematic monitoring as a trigger for action, as just set out in his opening remarks.
The Council has made promising progress towards including the rights of the child in its deliberations and actions with regard to specific country situations. The inclusion of child protection units in peacekeeping operations in Sierra Leone, the Democratic Republic of the Congo and, most recently, Angola has helped to bring the problem into sharp relief. We are eager to hear about further results from these new components of peacekeeping operations. Germany considers it crucial that the Council take the rights of the child into account in all its country-specific actions. The problems facing us are by no means confined to the three aforementioned countries of Africa.
Urgent action is needed in many other fields as well. The Secretary-General’s report once again deals with the cruel effects of anti-personnel mines on children. Germany is strongly committed to the fight against anti-personnel landmines. It is crucial to enhance these efforts and to coordinate efforts in mine action. This is a field where every additional effort yields immediate results. Each mine we clear saves lives.
Many more pressing matters in this debate call for urgent action. They include the aspects of gender, humanitarian access and sexual exploitation – also by peacekeepers. Some of these will be touched upon by my colleague from Greece in his statement for the European Union, with which Germany fully associates itself.
The Council will hopefully soon adopt a further resolution on children and armed conflict. Germany has joined other members of the Council to make the draft resolution as action-oriented as possible …
Allow me to conclude by saying that the Secretary-General’s report underscores the importance of the mandate of the Special Representative of the Secretary-General for Children and Armed Conflict. We believe that both UNICEF and the Special Representative, as well as other actors in the United Nations system, have crucial and complementary roles to play in this field. We encourage them and all Member States to join efforts in a spirit of common purpose. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.4684, 14 January 2003, pp. 8–9.
Germany
In 2004, during a debate in the UN Security Council, the representative of Germany stated:
Women and children are among the most vulnerable groups in times of conflict, whether they be civilians or child soldiers … In particular, children suffer. They are defenceless in situations of conflict if separated from or deprived of their parents, and their ability to cope with a quickly changing environment is very restricted. Many children without protection are being kidnapped and made child soldiers. Forcing children to carry arms rather than letting them develop peacefully is one of the cruellest acts. Women and children are also, to an unprecedented extent, victims of severe and atrocious sexual violence.
Germany thus proposes the following measures.
The first is a new resolution on the protection of civilians; the most recent resolution that the Security Council adopted on the protection of civilians in armed conflict (resolution 1296 (2000)) dates from 2000. That resolution, as well as the preceding relevant resolution (resolution 1265 (1999)), were regarded as a starting point. After four years we feel the need for an update of the most recent resolution, to take into account recent developments and the changing character of conflicts. Germany would support efforts aimed at adopting a new resolution.
A second measure would be more frequent reporting by the Emergency Relief Coordinator …
A third measure would be the promotion of the responsibility of new actors. There are new actors in the area of the protection of civilians in armed conflict whom we have to deal with. More than ever before, we need constructive engagement with non-State armed groups. They not only have the potential to deny humanitarian actors humanitarian access; they actually do it. They are also a potential source of harm to the civilian populations where they operate. Without legitimizing them and their actions, we must explore innovative ways to engage them in a constructive dialogue and, where necessary, to pressure them to make them abide by international humanitarian law and human rights norms. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.4990, 14 June 2004, pp. 24–25.
Germany
In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
On the basis of the 2003 EU Guidelines on Children and Armed Conflict and the relating 2004 Plan of Action, [the Federal Government] together with its EU partners will work towards better protection of children in armed conflict, and to this purpose
- will demand respect for international humanitarian law and for other norms on the protection of children in armed conflicts … 
Germany, Federal Government, Seventh Human Rights Policy Report, 17 June 2005, p. 203.
Germany
In 2007, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Germany stated:
2. Both in the United Nations and in the European Union (EU) context as well as bilaterally, the Federal Government firmly supports an improvement in the protection of children in armed conflicts, including implementation of the Optional Protocol and its application if possible on a worldwide basis.
3. Hence Germany is involved, together with its EU partners, in the rigorous application of the EU Guidelines on Children and Armed Conflict of December 2003. In the wake of a review of this Guideline in December 2005, the EU adopted Council conclusions with recommendations of a more extensive nature, and in April 2006 it also adopted an implementation strategy for the application of these recommendations. Their implementation will be a main focus of attention when Germany holds the EU Council Presidency during the first six months of the year 2007.
4. In May 2006 the EU States adopted a new batch of measures for bringing the subject of “protection of children in armed conflicts” into European Security and Defence Policy (ESDP) operations.
5. In July 2006 Germany gave its support – together with its EU partners – to a declaration by the President of the Security Council on the subject of “Children and Armed Conflict”, which, amongst other things, contains an appeal to the international community of States to make a common effort to bring about a distinct improvement in the protection of children in conflict situations of this kind.
6. Germany is also one of the States that has been giving financial and political support, from the very outset, to the Office of the Special Representative for children and armed conflict, which was established in 1996. 
Germany, Initial report to the Committee on the Rights of the Child under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, UN Doc. CCPR/C/OPAC/DEU/1, 17 April 2007, submitted 5 January 2007, §§ 2–6.
Germany
In 2010, in reply to a Minor Interpellation in the Bundestag (Lower House of Parliament) entitled “Treatment of child soldiers by the German armed forces (Bundeswehr) during operations abroad”, Germany’s Federal Government wrote:
8. Which procedures are envisaged for the treatment of child soldiers injured, apprehended or detained by the Bundeswehr?
In the completed operation EUFOR RD CONGO, the following framework was adopted regarding apprehended or detained children and included in the pocket card of June 2006 for the German contingent of the operation EUFOR RD CONGO:
a) As far as possible they are to be treated in a child-sensitive way.
b) If there are doubts about the age of the apprehended individuals, they are to be treated as children.
f) Rights and obligations of parents or carers are to be respected as much as possible.
Moreover, armed confrontations with children or information that they are being used in armed groups are to be reported. 
Germany, Lower House of Federal Parliament (Bundestag), Reply by the Federal Government to the Minor Interpellation by Members Paul Schäfer, Jan van Aken, Sevim Dağdelen, further Members and the Parliamentary Group DIE LINKE, BT-Drs. 17/2998, 21 September 2010, pp. 4–5.
The Federal Government also wrote:
18. Does the Federal Government share the view that under-age members of Afghan armed groups should be treated differently than adults in case of detention?
a) If so, how is this currently ensured by the Bundeswehr, other ISAF troops and the Afghan authorities?
b) If not, why not?
In the view of the Federal Government all detained minors are to be treated in accordance with international law, in particular the Convention on the Rights of the Child and its Optional Protocol. 
Germany, Lower House of Federal Parliament (Bundestag), Reply by the Federal Government to the Minor Interpellation by Members Paul Schäfer, Jan van Aken, Sevim Dağdelen, further Members and the Parliamentary Group DIE LINKE, BT-Drs. 17/2998, 21 September 2010, p. 7.
The Federal Government further wrote:
19. In the course of ISAF [International Security Assistance Force] and OEF (Operation Enduring Freedom), was there an agreement on special procedures for dealing with child soldiers?
a) If so, which ones?
b) If not, why was this considered not to be necessary?
The Bundeswehr does not contribute forces to Operation Enduring Freedom (OEF).
Within ISAF, the ISAF rules inter alia contain the following provisions on the potential detention of minors:
a) The search of children is to be carried out particularly carefully and only in the presence of a superior.
b) In case a detainee person possibly is younger than 18 years, he or she is to be treated with special care. 
Germany, Lower House of Federal Parliament (Bundestag), Reply by the Federal Government to the Minor Interpellation by Members Paul Schäfer, Jan van Aken, Sevim Dağdelen, further Members and the Parliamentary Group DIE LINKE, BT-Drs. 17/2998, 21 September 2010, p. 7.
Ghana
In 1995, in its initial report to the Committee on the Rights of the Child, Ghana reported that the “government agency responsible for abandoned and orphaned children worked with the Save the Children Fund to provide care for the children affected by the conflict” in the northern part of the country. 
Ghana, Report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.39, 19 December 1995, § 126.
Guinea
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
18. Training programmes have been designed and implemented for judges and justice officials to familiarize them with the [1989] Convention [on the Rights of the Child], and particularly articles 37 [prohibition of torture, arbitrary deprivation of liberty, human treatment, contact with family members, access to legal assistance and right to challenge the legality of the deprivation of liberty] and 40 [infringement of penal law by a child], and to familiarize members of the Armed Forces with the Optional Protocol on the involvement of children in armed conflict.
19. Every military garrison now has a Convention focal point.
480. The armed conflicts in neighbouring countries and their repercussions in Guinea … have affected children more than anyone else.
482. Action taken:
- Establishment of child protection units in the garrisons of the country
- Training of more than 2,000 senior and junior officers and enlisted personnel in the protection of children before, during and after armed conflicts
487. There are also shelters and counselling centres for the physical and psychological … rehabilitation of children in general. 
Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 18–19, 480, 482 and 487.
India
In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, India stated:
8A.2.1 Status and Trends
8. India does not face either international or non-international armed conflict situations. India is a party to the 1949 Geneva Convention and remains committed to fulfilment of its obligations there under.
8A.2.2 Legislation
9. The Juvenile Justice (Care and Protection of Children) Act, 2000, (JJ Act, 2000), provides for care and protection, rehabilitation and social re-integration of children, who are vulnerable or victim of any form of abuse, torture, neglect or exploitation. The JJ Act, 2000, also includes children, who are victims of armed conflict or civil commotion, as children in need of care and protection.
10. The principles enshrined in the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, (JJ (Amendment) Act, 2006), and the Juvenile Justice (Care and Protection of Children) Rules, 2007, (JJ Rules, 2007) protect the interests of all children in need of care and protection. The JJ Rules, 2007, under the Principle of Safety, stipulate protection at all stages, from the initial contact till the time a child remains in contact with the care and protection system, and thereafter.
11. The NCPCR [National Commission for Protection of Child Rights] at Central level and State Commissions for Protection of Child Rights (SCPCRs) at State level investigate cases of child rights violation. … Besides, the National Human Rights Commission (NHRC) also investigates incidences of rights violation. …
8A.2.3 Programmes
12. The Programme for Juvenile Justice, which provides shelter and rehabilitation for all children under care and protection, has been merged into the recently-launched Integrated Child Protection Scheme (ICPS). The Scheme has provisions for specialised care services, with physical, psychological, counselling support and medical services to children in need of care and protection, including those affected by various forms of exploitation and abuse, and victims of any armed conflict or civil strife. 
India, Combined third and fourth periodic reports to the Committee on the Rights of the Child, UN Doc. CRC/C/IND/3-4, submitted 26 August 2011, § 8A.2.
[footnote in original omitted]
India
In 2011, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, India stated:
18. Even though India does not face armed conflict, there are legislative provisions that prevent involvement of children in armed conflict and provide care and protection to children affected by armed conflict.
19. A child affected by armed conflict has been already defined by the Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2000, as a child in need of care and protection. Therefore, all the measures available under this Act are available for such children, which have a standard component of minimum standards to be adhered to. …
20. The Integrated Child Protection Scheme (ICPS), launched by the MWCD [Ministry of Women and Child Development] in 2009, is a centrally-sponsored scheme that provides a safe and secure environment for overall development of children in need of care and protection, including children in difficult circumstances, such as children affected by, or involved in armed conflict. The objective of the Scheme is to contribute to the improvement in the well-being of children in difficult circumstances, and to the reduction of vulnerabilities to situations and actions that lead to abuse, neglect, exploitation, abandonment and separation of children. These will be achieved by:
(a) Improved access to, and quality of, child protection services;
[(b)] Increased public awareness about the reality of child rights, situation and protection in India;
[(c)] Clearly articulated responsibilities and enforced accountability for child protection;
[(d)] Established and functioning structures at all Government levels for delivery of statutory and support services to children in difficult circumstances;
[(e)] Introduction of operational-evidence-based monitoring and evaluation.
21. The [2000] Optional Protocol on the involvement of children in armed conflict was ratified by India in 2005. Since then, the country has initiated the process of implementation of the various articles of the Convention. 
India, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, UN Doc. CRC/C/OPAC/IND/1, submitted 26 August 2011, §§ 18–21.
Indonesia
In 1992, in its initial report to the Committee on the Rights of the Child, Indonesia reported that according to its national legislation, “in any circumstances … children should be protected first”. 
Indonesia, Report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.10, 14 January 1993, § 104.
Iraq
In 2012, in its Report on Iraqi Children After 2003, the Ministry of Human Rights of Iraq stated:
After the collapse of the dictatorial regime and consequent collapse of state institutions and the continuation of military operations and resulting suffering of children [from] displacement, murder, kidnapping and trafficking[,] among other practices which are a product of wars and bloody conflicts[,] … children and women … are among such vulnerable groups that are least capable to provide protection for themselves.
National strategies, plans, policies supporting childhood
Social policies of reform programs tackled personal security … as well as creating favorable opportunities for … finding solutions to treat the outcomes of wars and to achieve environmental security and identify the challenges facing the children of Iraq, such as the following phenomena: … children as victims of armed conflicts … [and] the dangers of mines on Iraqi children.
Protective measures
Out of the need to secure protection to the children of Iraq, especially the most vulnerable thereof, the [G]overnment of the [R]epublic of Iraq … had adopted a national strategy derived from [the] Iraqi reality to confront challenges threatening Iraqi children. Focus is made now to legislate several acts, programs, and policies to protect [the] most vulnerable and deprived factions of the society including … children victims of armed conflicts[.] 
Iraq, Ministry of Human Rights, Report on Iraqi Children After 2003, 19 December 2012, pp. 1, 4 and 36.
Israel
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated that the operational order contained the following provision: “Special protection shall be provided to … children”. 
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 226.
Jordan
The Report on the Practice of Jordan states that special care is provided to children who have been orphaned or separated from their families.  
Report on the Practice of Jordan, 1997, Chapter 5.3.
Lao People’s Democratic Republic
In 2009, in its second periodic report to the Committee on the Rights of the Child, the Lao People’s Democratic Republic (Lao PDR) stated:
2. Children in armed conflict (art. 38 [of the 1989 Convention on the Rights of the Child]), including physical and psychological recovery and social reintegration (art. 39 [of the 1989 Convention on the Rights of the Child])
122. … In time of war … the authorities responsible (Ministry of National [D]efence and Ministry of [S]ecurity) will take the necessary measures to protect the civilian population, including children.
124. … In the event of the threat of war and emergency general mobilization, the administrative authorities, the State bodies, the mass organizations and the social organizations will take care of the families of those who have been mobilized to perform their patriotic duty (art. 24, subpara. 4, of the Act on National Service Obligations) and to protect the civilian population generally; if fighting takes place, the Government will apply the provisions of the [1949] Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (arts. 14 to 17).
125. The international humanitarian law applicable to the Lao PDR in such circumstances will consist in the 1949 Geneva Convention[s], and, more particularly, the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War to which the Lao PDR is a signatory. As for the measures to be taken to protect children, the Government does not yet know what they would be, as the Lao PDR is currently living in a time of peace, and the Lao Government has no intention of provoking anyone and will not be the first to engage in war. However, if the Lao PDR is attacked, the Government will take account of the circumstances at the time to seek humanitarian assistance from friendly countries and international organizations.
126. In the current situation where everything is normal, the Government applies the general principles of the [1989] Convention [on the Rights of the Child] where it can; in applying the provisions of article 38 of the Convention, it will, of course, respect those principles, except in emergency situations beyond its control.
127. In the event of war, the Government will review the measures necessary for the physical and mental rehabilitation of children who are the victims of armed conflict and their social reintegration, according to the possibilities at the time.
128. Since the past 30 years have been a time of peace, children under 18 have never been the victims of war. As a result, the Government has no policy or plan to repair the physical and psychological effects of war on children and promote their social reintegration; similarly, no measure has been taken to demobilize child soldiers, as the Lao People’s Army contains no soldiers below the age of 18.
129. Given that the provisions of articles 38 and 39 of the Convention do not reflect the actual situation in the Lao PDR, the Government is unable to assess the progress made or difficulties encountered in implementing those articles. It is, however, in the process of looking into the possibility of signing the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. 
Lao People’s Democratic Republic, Second periodic report to the Committee on the Rights of the Child, 10 August 2010, UN Doc. CRC/C/LAO/2, submitted 22 April 2009, §§ 122 and 124–129.
Nepal
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated:
Women and children shall enjoy the rights of special protection. The rights of women and children shall be fully protected and international laws such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women shall be respected. The mechanism to examine ways to end such discrimination shall be strengthened. 
Nepal, Declaration of commitment on the implementation of human rights and international humanitarian law, 26 March 2004, § 17.
Netherlands
Upon ratification of the 1989 Convention on the Rights of the Child, the Netherlands stated: “In times of armed conflict, provisions shall prevail that are most conducive to guaranteeing the protection of children under international law.” 
Netherlands, Reservations and declarations made upon ratification of the 1989 Convention on the Rights of the Child, 6 February 1995, reprinted in UN Doc. CRC/C/2/Rev.4, 28 July 1995, p. 27.
New Zealand
In 2010, in a statement before the Ministerial Follow-Up Forum to the Paris Commitments and Paris Principles on Children Associated with Armed Forces or Armed Groups, the permanent representative of New Zealand to the United Nations stated:
I am now pleased to confirm New Zealand’s endorsement of the [2007] Paris Commitments and Paris Principles.
It is our hope that joining those who support these principles will bolster the ongoing and systematic commitment of the Security Council, Member States and the UN and its organs that is required to ensure that children are protected from the horrors of war. 
New Zealand, Statement by the permanent representative to the United Nations at the Ministerial Follow-Up Forum to the Paris Commitments and Paris Principles on Children Associated with Armed Forces or Armed Groups, New York, 27 September 2010.
Norway
In 2008, in its fourth periodic report to the Committee on the Rights of the Child, Norway stated: “Protection of children in war and armed conflict and children’s participation in peacebuilding, peace and reconciliation are a prioritized area within Norwegian strategy for children and young persons in the south.” 
Norway, Fourth periodic report to the Committee on the Rights of the Child, 11 May 2009, UN Doc. CRC/C/NOR/4, submitted 28 February 2008, § 662.
Norway
In 2009, in a White Paper on “Climate, Conflict and Capital”, Norway’s Ministry of Foreign Affairs stated:
Despite the increased focus on children, serious violations of children’s rights are a major challenge for the international legal order. The contexts of conflicts have changed. Efforts to protect children must take into account new threats. …
The Government will … seek to ensure effective protection of children in armed conflicts and in connection with peacekeeping operations. 
Norway, Report to Parliament, White Paper on “Climate, Conflict and Capital”, Ministry of Foreign Affairs, 13 February 2009, § 5.4.
Norway
In 2010, in a statement before the UN Security Council on the protection of civilians in armed conflict, the counsellor of Norway’s Permanent Mission to the UN stated:
Norway welcomes the Security Council’s development of an increasingly strong protection framework for Children in Armed Conflict, most recently through its resolution 1882. …
Norway is encouraged by the Security Council’s expressed readiness, as set out in its most recent presidential statement on the issue, to impose targeted measures against persistent violators of international law who are recruiting, sexually abusing, or maiming and killing children in war. 
Norway, Statement before the UN Security Council by the Counsellor at the Permanent Mission of Norway to the UN on the “Protection of Civilians in Armed Conflict”, 7 July 2010.
Pakistan
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Pakistan stated: “The National Plan of Action for Children 2006 has a goal to protect children from the impact of armed conflict and ensure compliance with international humanitarian law and human rights.” 
Pakistan, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 19 March 2009, UN Doc. CRC/C/PAK/3–4, submitted 4 January 2008, § 534.
Philippines
In 1993, in its initial report to the Committee on the Rights of the Child, the Philippines stated:
200. The Special Protection Act declares children as “Zones of Peace”. This Act provides that children shall not be the object of attack and shall be the object of special respect. They are to be protected from any form of threat, assault, torture or other cruel, inhuman or degrading treatment. …
201. In any barangay where armed conflict occurs, the barangay chairperson shall submit to the municipal social welfare and development officer the names of all children residing in the barangay within 24 hours of the start of the conflict. …
203. In any case where a child is arrested for reasons related to armed conflict, he or she shall be entitled to … immediate full legal assistance, …
204. In support of the Special Protection Act, the Armed Forces of the Philippines issued in 1991 a memorandum order specifically on the protection of children during military operations.
206. Children who are lost, abandoned or orphaned as a result of an armed conflict are referred to the local Council for the Protection of Children or to the Department of Social Welfare and Development. All efforts are undertaken to locate the child’s parents and relatives. Arrangements are made for the temporary care of the child by a licensed foster family or a child-caring agency. 
Philippines, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.23, 3 November 1993, §§ 200, 201, 203, 204 and 206.
Philippines
In 2007, in its report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, the Philippines stated:
67. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.
196. The government acknowledges that the imperative for the country’s military units to receive education and training along the lines of child protection and child rights must also be pursued. 
Philippines, Initial report to the Committee on the Rights of the Child under Article 8(1) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, UN Doc. CRC/C/OPAC/PHL/1, 7 November 2007, §§ 67 and 196.
Russian Federation
In 2012, in a statement before the UN Security Council during an open debate on children and armed conflict, the deputy permanent representative of the Russian Federation stated:
It is clear that, despite the measures that have been undertaken at the international and national levels, along with the existence of a broad international legal foundation, children continue to be among the most vulnerable groups affected by armed conflict. Russia condemns all serious offences committed against children, regardless of who perpetrates them, and advocates the prosecution of all such perpetrators. … The primary responsibility for protecting and rehabilitating children belongs to national Governments …
A key role in the [UN] Security Council’s activity in the area of protecting children in armed conflict unquestionably belongs to the Special Representative of the [UN] Secretary-General for Children and Armed Conflict. In that regard, we welcome the appointment to the post of Ms. Leila Zerrougui and hope that her considerable experience in the United Nations system will help her make a significant contribution to measures taken at the international level to protect children affected by armed conflict, and to make efforts in this area more effective. …
In recent years, we have unquestionably been quite effective in achieving system-wide coordination of efforts in the area of the protection of children in armed conflict. … Here we should mention specifically the active part played by the Special Representative in the International Criminal Court’s first prosecution of a war crime [of] the recruitment and active use of children in combat in the Lubanga case. 
Russian Federation, Statement by the deputy permanent representative of the Russian Federation during a UN Security Council open debate on children and armed conflict, 19 September 2012, pp. 15–16.
Rwanda
In 2010, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Rwanda stated:
24. … Rwanda formulated a national policy on orphans and other vulnerable children since January 2003. This policy contains strategies and measures to respond to various situations of vulnerability of the child …
25. Specific objectives of the Policy on these children are the following:
(a) To guarantee the respect of the rights of the child during and after conflict situations. 
Rwanda, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 6 December 2011, UN Doc. CRC/C/OPAC/RWA/1, submitted 20 January 2010, §§ 24 and 25(a).
Somalia
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
The leader … gave out the following instructions which were to be strictly followed:
4. The weak and vulnerable members of the enemy such as … children … should be left unharmed. 
Somalia, Spared from the Spear, 1998, p. 24.
The publication also described traditional Somali practice as follows:
In order to ensure that the values of honour and nobility were maintained at all times, traditional Somali society evolved a strict code of conduct that clearly defined the categories of people and things that were not to be abused in any way during a war. This convention of war, acknowledged and respected by almost all Somali pastoral nomads, is commonly known as xeerka biri-ma-geydada, or the “spared from the spear” code.
The traditional Biri-ma-geydo code covered certain categories of people who, far from being killed or harmed, were supposed to be cared for and assisted at all times. Adherence to this code was specially enjoined during hostilities. Among the types of persons afforded protection by this code were … children …
… [C]hildren belonged to the category of the weak and vulnerable persons whose harming was generally regarded with strong disapproval. Any man who allowed himself to come down to the lowly level of using force against … children was rightly regarded as a coward who could not face the men in battle and was, instead, taking out his anger on the weak and helpless. Looking at this matter from another angle … children were believed to constitute the … “seeds” that ensured the survival and continuity of society; and killing them was viewed as being tantamount to “cutting down the tree at its base”, leading society down the road to annihilation and extinction. 
Somalia, Spared from the Spear, 1998, pp. 30–31.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:
In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups. 
Somalia, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 4.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions. 
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
South Africa
In 2010, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, South Africa’s Minister of International Relations and Cooperation stated:
The issue of the protection of civilians should therefore be approached in a holistic manner. In this context, measures to protect civilians in armed conflict can be viable only if the critical needs of civilians, including their socio-economic needs, are adequately addressed. Crucially, addressing the specific protection needs of women and children must remain a priority matter for the international community, in particular the United Nations system. My delegation therefore reiterates our support for the implementation of [UN Security Council] resolution 1325 (2000) on women and peace and security and resolution 1612 (2005) on children and armed conflict, as well as other relevant resolutions. 
South Africa, Statement by the Minister of International Relations and Cooperation before the UN Security Council during an open debate on the protection of civilians in armed conflict, 7 July 2010.
South Africa
In 2011, in an opening statement at the Eleventh Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of International Relations and Cooperation stated:
It is … befitting that one of the key themes for this seminar is the protection of children in armed conflict, more so because the world is still faced with a situation where children are still recruited as soldiers and millions of these children are badly affected by the aftermath of conflicts. Stable societies cannot be built where children younger than 18 are forced to engage in armed violence and conflict; robbing them of their childhood and also exposing them to so many problems associated with psychological suffering, amongst others. It remains the responsibility of governments to promote and ensure the protection of children affected by conflicts.
It is in this regard that South Africa supports activities being undertaken within the framework of the African Union, United Nations, ICRC and other organizations concerned in addressing the challenges of children affected by armed conflicts. This is also evident in our support for the implementation of the UN Security Council Resolutions on the protection of children affected by armed conflict. South Africa’s involvement in the resolution of conflicts and peacekeeping missions on the Continent is also at the core of its attempts to address the challenge of children affected by conflicts. In addition to the ratification of the [1990] AU Convention on the Rights and Welfare of the Child and the [1989] UN Convention on the Rights of the Child, South Africa ratified the [2000] UN Optional Protocol to the Rights of the Child in Armed Conflict in 2009. As further evidence of the importance we attach to the rights and well-being of children, the current President of South Africa on 09 May 2009, established the Department of Women, Children and Disabilities, to particularly focus on the rights of these previously disadvantaged groups. 
South Africa, Opening statement by the Deputy Minister of International Relations and Cooperation at the Eleventh Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 23 August 2011.
South Africa
In 2012, in an opening statement at the Twelfth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of International Relations and Cooperation stated:
[T]here have been some encouraging achievements, for example, the [2008] Convention on Cluster Munitions and the [1989] Convention on the Rights of the Child (CRC) which are either signed or ratified by almost all countries in Africa, and as a result many children that were used as child soldiers have been reintegrated back into their communities and are also enrolled in schools. Like the ICRC, South Africa believes very strongly that the safety of all the vulnerable, especially women and children should be of primary consideration. 
South Africa, Opening statement by the Deputy Minister of International Relations and Cooperation at the Twelfth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 14 August 2012.
South Africa
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, made on behalf of the members of the Human Security Network and on behalf of South Africa as an observer, the deputy permanent representative of Chile stated:
Despite the unrelenting efforts of the international community, civilians continue to account for the majority of casualties in armed conflicts. … The Human Security Network remains concerned by the difficulties in taking action to ensure the protection of civilians in Syria. The current debate provides an opportunity to examine the most pressing aspects of the issue, in particular (a) the compliance by parties to conflict with international humanitarian and human rights law in order to guarantee protection of civilians and, among them, the most vulnerable groups, such as women and children …
Full and unimpeded access of humanitarian assistance continues to be a sine qua non requirement for the relief of affected populations, including in particular the most vulnerable groups, such as women and children. 
South Africa, Statement by the deputy permanent representative of Chile before the UN Security Council during an open debate on the protection of civilians in armed conflict, made on behalf of the members of the Human Security Network and on behalf of South Africa as an observer, 19 August 2013, pp. 4–5.
Sri Lanka
In 1994, in its initial report to the Committee on the Rights of the Child, Sri Lanka stated, with respect to child victims of armed conflict and refugees:
There are several urgent needs that have to be met [including] the special health and nutritional needs of infants and pre-school children … [and the] care and rehabilitation of children traumatized by violence. 
Sri Lanka, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/8/Add.13, 5 May 1994, § 146.
Sri Lanka
In 2008, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Sri Lanka stated:
22. The Government agencies involved in the protection of the rights of the child are:
(a) National Child Protection Authority (NCPA);
(b) Ministry of Child Development and Women’s Empowerment (MCDWE);
(c) Department of Probation and Child Care Services (DPCCS);
(d) Human Rights Commission of Sri Lanka (HRCSL).
23. There are many civil society organizations which collaborate with the above Government agencies on child protection issues. The Government has undertaken several initiatives to safeguard children’s protection rights including creating public awareness through the media which plays a key role in advocacy.
24. In April 2007, the Ministry of Child Development and Women’s Empowerment established a Task Force in relation to children affected by the armed conflict. It focused on issues raised in United Nations Security Council resolution 1612 and the Security Council Committee set up under it. Subject areas of focus in the Task Force include conformity of Sri Lankan legislation with the [1989] Convention [on the Rights of the Child] to provide protection for children affected by the armed conflict … , preventing the exposure of the identity of child combatants, promotion of universal birth registration, protection … of child soldiers, improving law enforcement and the strengthening of institutional capacity, specifically, the HRCSL and the NCPA, and the setting up of a National Database.
36. The former Special Representative of the [UN] Secretary-General on Children and Armed Conflict Mr. Olara Otunnu was invited by the Government to visit Sri Lanka in May 1998 … During his meeting with the LTTE [Liberation Tigers of Tamil Eelam] he raised several issues concerning the protection, rights and welfare of children affected by the ongoing conflict. The LTTE made the following commitments in relation to children in armed conflict to Mr. Otunnu during his meeting with the LTTE[:]
(d) During his visit Mr Otunnu stressed the importance of all parties including the non-State sector, observing the Convention of the Rights of the Child. He urged the LTTE to make public their respect of the principles and provisions of the Convention. However, the LTTE did indicate their willingness, to enable their cadres to receive information and instructions on the provisions of the Convention …
37. These commitments were not implemented by the LTTE. …
57. Sri Lanka’s abiding commitment to the welfare of children irrespective of gender, ethnicity, caste and religion is borne out by its welfare programmes focussed on children, which includes the provision of free healthcare … island-wide. These welfare programmes, including its poverty alleviation programmes, have benefited children without discrimination and led to sustained declines in under five mortality and maternal mortality, high levels of life expectancy at birth and high levels of literacy. However, these main social benefits are seriously eroded when children are used in armed conflict and suffer death, maiming, abuse and exploitation.
58. The Government is firmly committed to ensure that all children have the right to live with their families in dignity, be free of fear, intimidation and harassment … and be healthy.
Assistance and Protection to Victims of Crime and Witnesses Bill
74. The priority and emphasis of the Government on the protection of children from abuse and exploitation is manifested through the creation of a separate statutory authority namely the NCPA [National Child Protection Authority]. The NCPA was established through an Act of Parliament in 1998. It functions as a multi-sectoral Government body with an infrastructure capable of effectively responding to child abuse and exploitation, so that the Government could fulfil its obligations under the Convention [on the Rights of the Child] in relation to child protection issues. The NCPA promotes legal reform, child friendly judicial processes, strengthening law enforcement and justice for children and promoting access to therapy, counselling and rehabilitation of child victims of abuse.
75. The NCPA also undertakes activities in relation to the conduct of special investigations, relating to child abuse …
76. According to …section 39 of the National Child Protection Authority Act No. 50 of 1998:
“Child” means a person under eighteen years of age;
“Child abuse” means any act or omission relating to a child which would amount to a contravention of any of the provisions … and includes the involvement of, a child in armed conflict which is likely to endanger the child’s life or likely to harm such a child physically or emotionally.
77. The NCPA has a mandate to provide support in relation to the provision of protective care for child combatants. Thus paragraph (i) of section 14 of the NCPA Act mandates the NCPA “to recommend measures to address … humanitarian concern[s] relating to children affected by armed conflict and the protection of such children, including measures for their mental and physical well-being and their reintegration into society”.
78. Among the other functions of the Authority are the following:
(a) To advi[s]e the Government on measures for the prevention of child abuse;
(b) To advise the Government on measures for the protection of victims of such abuse;
(c) To recommend legal, administrative or other reforms required for the effective implementation of the national policy for the prevention of child abuse; and
(d) To take appropriate steps where necessary for securing the safety and protection of children involved in criminal investigations and criminal proceedings.
79. The Government has established the Women and Children’s Police Bureau and 36 Women and Children’s Police Desks for law enforcement in relation to the abuse and exploitation of women and children across the country.
80. A separate Ministry of Child Development and Women’s Empowerment was established in 2005 by the present Government. This Ministry supports and assists the Government in its efforts to prevent child abuse and in the protection, rehabilitation and reintegration of children who have been subjected to abuse …
81. The Government has collaborated with the United Nations to set up the TFMR [Task Force for Monitoring and Reporting], the monitoring and reporting mechanism set-up under the Security Council resolution 1612.
82. In conformity with resolution 1612 paragraph 2(a), the Objective of the TFMR is: (a) the systematic gathering of timely, objective, accurate and reliable information on the recruitment and use of child soldiers in violation of applicable international law and on other violations and abuses committed against children affected by armed conflict in Sri Lanka and (b) reporting to the Working Group of the Security Council on children and armed conflict as set up under resolution 1612.
83. In accordance with resolution 1612 and Section VI, paragraph 2 of the Terms of Reference of the Working Group on the Security Council on children and armed conflict, the TFMR will focus on violations against children affected by armed conflict beginning with its application against the party to the conflict listed in annex II of the [UN] Secretary General’s report (S/2005/72) as applicable to Sri Lanka.
107. All children in war affected areas[,] including those who have managed to escape from the LTTE as well as those vulnerable to recruitment[,] are provided [with] free preventive and curative health care by the Government. This has continued during the entire period of the conflict without discrimination, even in uncleared areas. All salaries of health staff in the North and East including medical professionals, nurses, labourers, technicians as well as public health staff including Family Health Workers, Public Health Inspectors and Medical Officers of Health are disbursed by the Government through regular allocations from the Treasury. Drugs, dressings, intravenous fluids and all other items are also provided by the Government. …
108. Children vulnerable to recruitment and those who have escaped have access to a wide network of Government primary health care services and free curative health care services. This includes an emphasis on maternal and child care services. This has continued throughout the conflict from 1983 and is sustained by the Government. The package of services for children in the North-East is the same as those provided in the rest of the country.
109. Children vulnerable to recruitment in the war affected areas have had continued access to immunization services. National Immunisation Days were carried out in conflict areas even during the height of the conflict, in the 1990s. These activities were undertaken through the organisation of “Days of Tranquillity” and “Corridors of Peace” by the Government and Ministry of Health in collaboration with UNICEF and civil society organizations such as Rotary. The programme enabled parents to bring their children to immunisation centres. All services were provided by local Ministry of Health staff. INGOs [International NGOs] and NGOs in addition to Rotary helped in such activities, including ICRC and UNHCR. The LTTE did not create barriers to such activities at that time.
110. The Health component of the Action Plan for Children Affected by War was developed as an effort to reach children vulnerable to recruitment in the North and East. 
Sri Lanka, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 15 February 2010, UN Doc. CRC/C/OPAC/LKA/1, submitted 16 June 2008, §§ 22–24, 36(d), 37, 57–58, 74–83 and 107–110.
[footnote in original omitted]
Sri Lanka
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated:
118. There are provisions in several laws which prohibit the publication of particulars of children involved in legal proceedings in such a way as to enable their identification. Nevertheless the media, while not publishing the name and address of child victims, continues at times to publish other details regarding the victim’s family etc. which enable the identification of the victim. This is also relevant in the case of child combatants, particularly those who “surrender”. More advocacy is needed to prevent the exposure of their identity in the media.
345. The Government is finalizing an amendment to Emergency Regulations to deal with the situation of child surrendees – Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2005. The amendment will provide for … appearance before a Magistrate …
346. The Magistrate is required to make a determination regarding the placement of the child considering the best interests of the child and with a view to effecting family reunification or placing him or her with extended family having due regard to the safety of the child and family.
348. As a follow up to Security-Council resolution 1612 and the United Nations Secretary-General’s report on children affected by the conflict, a task force meets regularly under the Secretary [of the] Ministry of Child [D]evelopment to discuss and follow up outstanding issues, particularly in relation to action needed. These include issues such as … birth registration and the provision of alternat[iv]e care.
370. The most recent development in this area is an inter-agency initiative on children affected by armed conflict, supported by UNICEF. A workshop was held in March 2008 [with] the participation of the MoCDWE [Ministry of Child Development and Women’s Empowerment], DPCCS [Department of Probation and Child Care Services] and NCPA [National Child Protection Authority], district-level officials and NGOs working on this issue. The purpose of the workshop was to review and harmonize [the] existing child protection strategy for these children and establish the basis for the definition of minimum standards of practice across all State and non-State actors and agencies.
371. Working groups have begun to formulate standards and guidelines in eight thematic areas: advocacy strategy; community awareness/participation/protection; special protection; protective/interim care and case management; school reintegration, psychosocial support, gender and other cross-cutting issues; vocational training/livelihoods; government structures; and coordination structures/referral mechanisms. Models of best practice will be developed in each area.
372. As follow up, at national level there will be a consultation with the government to define coordination mechanisms at national and district level, to develop a referral mechanism model and to identify capacity building needs. At district level, the workshop conclusions will be shared with relevant child protection stakeholders in order to identify steps to develop [a] best practices model, to recommend to the national level actions and support needed, and to participate in the elaboration of operational guidelines.
426. Financial and human resource constraints and logistical difficulties weigh heavily against the expansion of juvenile courts beyond the existing one in Colombo. In January 2008 the President of Sri Lanka publicly recognized the need for more juvenile courts to hear cases involving children including child soldiers, referring to the undesirability of child offenders mingling with adult offenders. Possibly due to increased awareness and sensitivity among judges, there are ad hoc initiatives in certain courts to try and ensure separate hearings in cases involving children.
427. The Community Based Corrections Act[] No. 46 of 1999 provides for a range of non-custodial orders for the rehabilitation of offenders which could be imposed in lieu of imprisonment. These include unpaid community work; attending educational, vocational, personal training or development programmes; and undergoing assessment and treatment for alcohol or drug addiction. This Act has not been used in respect of children in conflict with the law. 
Sri Lanka, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 20 January 2010, UN Doc. CRC/C/LKA/3-4, submitted 24 October 2008, §§ 118, 345–346, 348, 370–372 and 426–427.
Sri Lanka
In 2011, in table entitled “Rights of Children” included in the National Action Plan for the Protection and Promotion of Human Rights in Sri Lanka 2011–2016, Sri Lanka’s Government stated:
Focus area
4. Children affected by armed conflict
Goal
4.3 Coordinated mechanism to provide psychosocial support for all children affected by armed conflict
Issue
4.3.a Inadequate access and quality of current programmes
Activity
Conduct needs assessment in relation to gaps in current provision
Develop a policy framework with clear guidelines on responsibilities, strategies and monitoring mechanisms to ensure effective implementation and impact.
Goal
4.4 Access to services and rehabilitation for all children who are affected due to the conflict
Issue
4.4.a Inadequacy of services
Activity
Identification of services required and mobilizing assistance of service providers. 
Sri Lanka, Government, National Action Plan for the Protection and Promotion of Human Rights in Sri Lanka 2011–2016, 2011, pp. 104–105.
Sri Lanka
In 2012, in a section entitled “Theme area: Human Rights” of its National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission, which also includes a section entitled “Theme area: International Humanitarian Law Issues”, Sri Lanka’s Government stated:
Recommendation
9.92 – Establish an Inter-Agency Task Force mandated to address in a comprehensive manner the needs of … children … affected by conflict, and provide necessary relief
Activity
Implement activities identified in the NHRAP [National Action Plan for the Promotion and Protection of Human Rights] to achieve this objective. 
Sri Lanka, Government, National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission (LLRC), 26 July 2012, p. 5.
Sudan
In 1993, in a statement before the Committee on the Rights of the Child, Sudan referred to “days of tranquillity and corridors of peace. The former had begun in 1985 and had continued ever since … The corridors had been used, for example, in vaccination campaigns run by UNICEF and in most cases the rebel movements had participated in those campaigns.” 
Sudan, Statement before the Committee on the Rights of the Child, UN Doc. CRC/C/SR.70, 1 February 1993, §§ 13 and 20.
Sudan
In 1993, in its initial report to the Committee on the Rights of the Child, the Sudan stated:
3. In fact, the efforts made by the Government of the Sudan … are conclusive proof of its concern with and commitment to the rights and happiness of children; the Sudan is the country which introduced security corridors in areas of fighting and sought to cooperate with United Nations agencies … to ensure the delivery of relief supplies to children, mothers and all citizens throughout the whole of the Sudan, including the areas controlled by the rebel movement.
17. … concerning the situation of children in areas of armed conflict, … “special” care is directed towards children and valuable efforts are being made … to protect children and respond to their needs. 
Sudan, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.20, 2 August 1993, §§ 3 and 17.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states:
International humanitarian law offers special protection to children. Parties to a conflict are under an obligation to provide all the care and assistance that they need due to their young age or for any other reason. Food and medical aid must be provided to children before others. International humanitarian law also contains special guarantees for detained children, the inviolability of their nationality and civil status and for reunification with their families. Children orphaned by war or separated from their parents have the right to education in accordance with their own religion and culture. 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 10; see also p. 12.
Switzerland
In 2012, in its combined second, third and fourth periodic reports to the Committee on the Rights of the Child, Switzerland stated: “Switzerland attaches particular importance to protecting and assisting children during armed conflicts”. 
Switzerland, Combined second, third and fourth periodic reports to the Committee on the Rights of the Child, 30 October 2013, UN Doc. CRC/C/CHE/2-4, submitted 19 July 2012, p. 117.
Syrian Arab Republic
The Report on the Practice of the Syrian Arab Republic asserts that the Syrian Arab Republic considers Article 77 of the 1977 Additional Protocol I to be part of customary international law. 
Report on the Practice of the Syrian Arab Republic, 1997, Chapter 5.3.
Uganda
In 2003, in its initial report to the Human Rights Committee, Uganda stated:
The Army is a member of the National Council for Children a body responsible for coordinating all programs intended to ensure child survival, development and protection of all children in the country. With the support of Save the Children Denmark the army has been sensitised on the Convention on the Rights of the Child and the Children Statute. 
Uganda, Initial report to the Human Rights Committee, 14 February 2003, UN Doc. CCPR/C/UGA/2003/1, 25 February 2003, § 505.
Ukraine
In 2008, in its first periodic report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Ukraine stated:
The State is taking all feasible measures to ensure the protection of the rights of children in zones affected by military operation or armed conflict, and their care, giving them financial, medical and other kinds of assistance. 
Ukraine, First periodic report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 29 October 2009, UN Doc. CRC/C/OPAC/UKR/1, submitted 31 July 2008, § 15.
Ukraine also stated:
Ukraine is concerned by the massive impact that armed conflict has on children and … on the initiative of the Government of Ukraine, three groups of Iraqi children (109 individuals) who were living in a zone of armed conflict were offered medical services and social rehabilitation from September to November 2004. The case received broad media coverage, won public support and helped improve the international image of Ukraine.  
Ukraine, First periodic report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 29 October 2009, UN Doc. CRC/C/OPAC/UKR/1, submitted 31 July 2008, § 21.
United Kingdom of Great Britain and Northern Ireland
The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “Specific population groups such as … children … benefit from additional protection provided for in specific conventions.” 
United Kingdom, Foreign and Commonwealth Office, Government Strategy on the Protection of Civilians in Armed Conflict, March 2010, p. 4.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support … the principle that … children be the object of special respect and protection.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 428.
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.
United States of America
On 8 May 2006, the US Delegation to the Committee against Torture responded orally to questions regarding US obligations under the 1985 Convention against Torture. On a question concerning juveniles detained at the Guantanamo Bay Naval Base, Cuba, the US Department of Defense Legal Adviser responded:
With respect to Madame Belmir’s question about juveniles detained at Guantanamo and the reason for their detention, there are currently no juvenile detainees at Guantanamo … Let me briefly speak about the conditions of detention we provided them while at Guantanamo. After medical tests determined their ages, they were housed in a separate detention facility, separated at a significant distance from the other detainees, and the other detainees were not permitted to have access to them. Indeed, they were housed in a communal facility, rather than cells. They underwent assessments from medical, behavioral, and educational experts to address their needs. Furthermore, we taught them mathematics, English, and reading, and provided daily physical exercise and sports programs.
It is unfortunate that al Qaeda and the Taliban use juveniles as combatants. The United States detains enemy combatants engaged in armed conflict against it and the juveniles were detained to prevent further harm to them and to our forces. 
United States, Department of State, Oral Statements by the United States Delegation to the Committee Against Torture, Geneva, Switzerland, 8 May 2006.
United States of America
In May 2008, in a joint press briefing given in Geneva by the US Ambassador-at-Large and Director, Office to Monitor and Combat Trafficking in Persons, and by the Deputy Assistant Secretary, Detainee Affairs, Department of Defense, the defense representative stated:
The U.S. does detain juveniles that are encountered on the battlefield. That both removes them from the dangerous effect of combat and at the same time it protects our forces and other innocent civilians. We go to great lengths when we do detain juveniles to recognize the special needs of a juvenile population and to provide them with a safe environment away from hostilities.
It is unfortunate, as I indicated, that children are and continue to be recruited into armed conflict. In Iraq in particular we have had to detain individuals who are juveniles who were involved in planting Improvised Explosive Devices, those are roadside bombs, that have also been actively engaged in fighting. I think many of you have read in the news over the past several weeks that there have been at least two suicide bombings involving children over the past week that did result in the death of more than 20 people in Iraq. Separately, there’s also reporting now related to juveniles being recruited in Pakistan between the ages of nine and twelve to make bombs and to become suicide bombers. It is unfortunate.
Now when we do encounter children who have been recruited into the armed forces to take up hostilities in a dangerous environment, we do believe that it is important to remove them from that battlefield environment. We do believe that in the short term that [we] can provide for them a more safe and secure environment for them to temporarily be housed. But we recognize that the primary purpose is to remove them from the battlefield. It protects the lives of innocent civilians who are being killed. It also protects the lives of our forces. And in some instances it may protect their own lives. 
United States, Statement by the Deputy Assistant Secretary, Detainee Affairs, Department of Defense, at a press briefing with the Ambassador-at-Large and Director, Office to Monitor and Combat Trafficking in Persons, Geneva, 21 May 2008.
Uzbekistan
In 2011, in its Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Uzbekistan stated:
Uzbekistan supports the Declaration and Plan of Action “A world fit for children” adopted by resolution S-27/2 of the special session of the United Nations General Assembly of 10 May 2002. With a view to giving every child a better future, Uzbekistan supports and is taking steps to implement item 7 of the Declaration calling for children to be protected from the horrors of armed conflict and item 43 (b) of the Plan of Action concerning the protection of children from the impact of armed conflict and compliance with international humanitarian law and human rights law. 
Uzbekistan, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 26 January 2012, UN Doc. CRC/C/OPAC/UZB/1, submitted 24 January 2011, § 5.
In the report, Uzbekistan also stated:
10. Guided by international instruments of a military-political and humanitarian nature, Uzbekistan is taking consistent measures to protect children, who make up more than 40 per cent of the population, against the horrors of war and armed conflict and their consequences.
11. The provisions of the [1989] Convention on the Rights of the Child and of its [2000] Optional Protocol on the involvement of children in armed conflict (hereinafter the “Protocol”) have been incorporated into the legislation and into the practice of State bodies, civil society organizations, officials, and citizens, including parents. 
Uzbekistan, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 26 January 2012, UN Doc. CRC/C/OPAC/UZB/1, submitted 24 January 2011, §§ 10–11.
In the report, Uzbekistan further stated:
26. Uzbekistan acceded to the [2000] Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 12 December 2008, the year that marked the sixtieth anniversary of the [1948] Universal Declaration of Human Rights. The Optional Protocol entered into force in the territory of Uzbekistan on 23 January 2009.
27. Since being ratified by the Uzbek parliament, the Optional Protocol, having become part of the country’s legal system, is subject to strict implementation by all State bodies, non-profit non-governmental organizations, enterprises, institutions, organizations, officials, and citizens.
28. In accordance with the International Treaties Act of 22 December 1995, the Government of Uzbekistan, ministries and departments, and other State bodies competent for matters regulated by the Optional Protocol must ensure that the obligations assumed under the Protocol are fulfilled (art. 28).
29. In implementing the provisions of the Optional Protocol, Uzbekistan is guided by all the instruments of international law ratified by the parliament in the military-political and humanitarian sphere, including the provisions of the [1989] Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict.
30. The national legislation of Uzbekistan governing matters relating to the implementation of the Protocol includes the Constitution, the Rights of the Child (Safeguards) Act, the Universal Military Duty and Military Service Act, the Defence Act, the Citizens’ Petitions Act, the Human Rights and Freedoms (Reporting of Violations to the Courts) Act, the Code of Administrative Liability, the Criminal Code, and other laws and regulations. 
Uzbekistan, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 26 January 2012, UN Doc. CRC/C/OPAC/UZB/1, submitted 24 January 2011, §§ 26–30.
In the report, Uzbekistan also stated:
Inasmuch as the legislation of Uzbekistan is in complete conformity with the provisions of article 38 of the [1989] Convention on the Rights of the Child and its [2000] Optional Protocol on the involvement of children in armed conflict, it is planned to intensify informational/awareness-raising, educational and publishing activities in this field, improve the efficiency of the national system for monitoring observance of the rights of the child, including in matters covered by the Optional Protocol, and stimulate the social partnership between the State and civil society institutions in this sphere. 
Uzbekistan, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 26 January 2012, UN Doc. CRC/C/OPAC/UZB/1, submitted 24 January 2011, § 68.
Viet Nam
In 2009, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Viet Nam stated:
2. Children in armed conflicts …
243. … Viet Nam … suffers from serious consequences of historically prolonged and fierce wars. Children have been amongst those that have suffered the most. The country has made significant efforts in the communication and education as well as in prevention and control of unexploded bombs, mines and ordnances left behind from wars. This has been carried out through organizing training courses for children and their families, as well as for staff at all levels. In addition, communication campaigns have been launched via the mass media and children have been provided with peer education, community-based education, as well as the integration of communication and education on the dangers of mines and bombs into education curriculums of primary schools in areas suffering serious consequences of unexploded mines, bombs and ordnances. Support and subsidy have been given to families and child victims of toxic chemicals, children wounded by unexploded mines, bombs and ordnances left from wars. In addition to the Government’s efforts, Viet Nam has received important assistance from international organizations, governments of other countries and non-governmental organizations. In 2006, 23,683 child victims of toxic chemicals received care and assistance. Thousands of children however, still suffer from disfigurement, malformations, and long-term health and brain-detriments as a result of their parents being infected with toxic chemicals, particularly, Agent Orange, or due to unexploded mines and bombs left over from wars.
244. In the future, Viet Nam will join international community efforts in improving education and health conditions, mobilizing resources and providing technical support to social programmes that address long-term consequences of the wars, and to therefore, speed up the implementation of relevant international legal provisions. The Government of Viet Nam calls for further supports from the United Nations, international organizations and governments of other countries to help the country redress consequences of the wars, especially consequences that affect children. 
Viet Nam, Third and fourth periodic reports to the Committee on the Rights of the Child, 25 November 2011, UN Doc. CRC/C/VNM/3-4, submitted 3 August 2009, §§ 243–244.
[footnote in original omitted]
Viet Nam
In 2015, in a statement before the UN Security Council during an open debate on children and armed conflict, made on behalf of the Association of Southeast Asian Nations (ASEAN), the permanent representative of Viet Nam stated:
ASEAN welcomes the progress made in the implementation of all Security Council Resolutions on children and armed conflict since the adoption of the first Resolution 1261 (1999) until now.
We applaud member states concerned for the efforts in implementing their respective Council-mandated action plans, and welcome the integration of the protection of children in armed conflicts in their national policies.
We appreciate the work done by UN bodies and concerned agencies in armed conflict, particularly in monitoring and reporting on grave violations against children, incorporating child protection policies in peacekeeping operations, and promoting the implementation of disarmament, demobilization and reintegration programs.
And we welcome the progress made by the “Children, Not Soldiers” campaign, which was launched last year with an aim [of] ending and prevent[ing] the recruitment and use of children by the national security forces by 2016.
ASEAN, however, remains deeply concerned about the fact that growing number[s] of children continue to be affected by grave violations in armed conflicts, including killing and sexual violence. We particularly condemn the increasing cases of abduction of children and attacks targeting schools and hospitals. It is all the more alarming as we are witnessing the rise of complex and well-organised non-state armed groups that have total disregard for international law, especially in certain regions in the Middle East and Africa.
We urge States, United Nations entities with their respective mandates, relevant international and regional organizations and other stakeholders to redouble their efforts to address, with added vigour, these new challenges posed by violent non-state armed groups.
In this connection, ASEAN wishes to emphasize the following points:
Third, child protection concerns should be consistently reflected in peace processes and peace agreements, and their particular needs must be included in post-conflict planning.
ASEAN always attaches great importance to the protection of children, especially those affected by armed conflicts, and has been working closely to prevent violations of children’s rights in the region. All ASEAN Member States are parties to the Convention on the Rights of the Child (CRC), and have been implementing their obligations and commitments in a serious manner at the national level.
These national efforts are closely coupled with regional cooperative efforts. In 2013, ASEAN Leaders reiterated their collective political will by adopting the ASEAN Declaration on the Elimination of Violence against Women and Children in ASEAN. ASEAN also strives to make sure that our commitment is materialised. In 2011, [the] ASEAN Commission for the Protection and Promotion of the Rights of Women and Children (ACWC) was established, and is now actively implementing its 2012–2016 Work Plan, which includes detailed actions to support the implementation of the CRC.
In these efforts ASEAN is also working closely with international partners. We appreciate the continued close engagement by the Special Representatives of the Secretary-General in child-protection related issues under their respective mandates with ASEAN Member States over the years as manifest[ed] most recently by the visit of the Special Representative on Violence against Children to the region and her substantive discussion with the ACWC in February 2015.
To conclude, ASEAN reiterates our continued commitment to working with Council members and the international community to protect and promote the best interests of children affected by armed conflicts. We stand ready to work closely with other states and partners in the preparation [of] a productive review of progress in this area and earnestly look forward to the next Council discussion on this topic in June under the Presidency of Malaysia. 
Viet Nam, Statement by the permanent representative of Viet Nam before the UN Security Council during an open debate on children and armed conflict, made on behalf of the Association of Southeast Asian Nations, namely Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam, 25 March 2015, pp. 1–2.
UN Security Council
In a resolution adopted in 1998, the UN Security Council expressed concern at the plight of children affected by the conflict in Sierra Leone and welcomed “the efforts of the government of Sierra Leone to coordinate an effective national response to the needs of children affected by armed conflict”. 
UN Security Council, Res. 1181, 13 July 1998, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1999 on children in armed conflicts, the UN Security Council called upon parties to armed conflicts “to undertake feasible measures during armed conflicts to minimize the harm suffered by children, such as ‘days of tranquillity’ to allow the delivery of basic necessary services and … to promote, implement and respect such measures”. 
UN Security Council, Res. 1261, 25 August 1999, § 8, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000 on protection of civilians in armed conflicts, the UN Security Council:
Reaffirms its grave concern at … the particular impact that armed conflict has on … children … and further reaffirms in this regard the importance of fully addressing their special protection and assistance needs in the mandates of peacemaking, peacekeeping and peace-building operations. 
UN Security Council, Res. 1296, 19 April 2000, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000, the UN Security Council emphasized the need to provide special protection for children in armed conflict and listed in detail what practical measures could be taken. 
UN Security Council, Res. 1314, 11 August 2000, §§ 1–16, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on children and armed conflict, the UN Security Council:
8. Calls upon States to respect fully the relevant provisions of applicable international humanitarian law relating to the rights and protection of children in armed conflict, in particular the four Geneva Conventions of 1949, inter alia, the Convention relative to the Protection of Civilian Persons in Time of War;
9. Reiterates its determination to continue to include specific provisions for the protection of children in the mandates of United Nations peacekeeping operations, including provisions recommending child protection advisers on a case-by-case basis and training for United Nations and associated personnel on child protection and child rights. 
UN Security Council, Res. 1460, 30 January 2003, §§ 8–9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 entitled “Proliferation of small arms and light weapons and mercenary activities: threats to peace and security in West Africa”, the UN Security Council:
reiterates its call to regional and subregional organizations to develop policies, activities and advocacy for the benefit of war-affected children in their regions. In this regard, the Council welcomes the Accra Declaration and Programme of Action on war-affected children and the subsequent establishment of a Child Protection Unit at the ECOWAS secretariat. 
UN Security Council, Res. 1467, 18 March 2003, annex, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on the situation in Sierra Leone, the UN Security Council encouraged “the Government of Sierra Leone to pay special attention to the needs of women and children affected by the war, bearing in mind paragraph 42 of the report of the Secretary-General of 17 March 2003 (S/2003/321)”. 
UN Security Council, Res. 1470, 28 March 2003, § 15, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2004 on children and armed conflict, the UN Security Council:
Reiterating its primary responsibility for the maintenance of international peace and security and, in this connection, its commitment to address the widespread impact of armed conflict on children,
1. Strongly condemns the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them, killing and maiming of children, rape and other sexual violence mostly committed against girls, abduction and forced displacement, denial of humanitarian access to children, attacks against schools and hospitals as well as trafficking, forced labour and all forms of slavery and all other violations and abuses committed against children affected by armed conflict;
7. Decides to continue the inclusion of specific provisions for the protection of children in the mandates of United Nations peacekeeping operations, including, on a case-by-case basis, the deployment of child protection advisers (CPAs), and requests the Secretary-General to ensure that the need for, and the number and roles of CPAs are systematically assessed during the preparation of each United Nations peacekeeping operation. 
UN Security Council, Res. 1539, 22 April 2004, preamble and §§ 1 and 7, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on the situation on the Democratic Republic of the Congo, the UN Security Council:
Recalls that all the parties bear responsibility for ensuring security with respect to civilian populations, in particular women, children and other vulnerable persons, and expresses concern at the continuing levels of sexual violence. 
UN Security Council, Res. 1592, 30 March 2005, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2005 on children and armed conflict, the UN Security Council:
Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000) of 11 August 2000, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January 2003, and 1539 (2004) of 22 April 2004, which contribute to a comprehensive framework for addressing the protection of children affected by armed conflict,
While noting the advances made for the protection of children affected by armed conflict, particularly in the areas of advocacy and the development of norms and standards, remaining deeply concerned over the lack of overall progress on the ground, where parties to conflict continue to violate with impunity the relevant provisions of applicable international law relating to the rights and protection of children in armed conflict,
Stressing the primary role of national Governments in providing effective protection and relief to all children affected by armed conflicts,
Recalling the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children,
Convinced that the protection of children in armed conflict should be regarded as an important aspect of any comprehensive strategy to resolve conflict,
Reiterating its primary responsibility for the maintenance of international peace and security and, in this connection, its commitment to address the widespread impact of armed conflict on children,
Stressing its determination to ensure respect for its resolutions and other international norms and standards for the protection of children affected by armed conflict,
1. Strongly condemns the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them and all other violations and abuses committed against children in situations of armed conflict;
12. Decides to continue the inclusion of specific provisions for the protection of children in the mandates of United Nations peacekeeping operations, including the deployment, on a case-by-case basis, of child-protection advisers (CPAs), and requests the Secretary-General to ensure that the need for and the number and roles of CPAs are systematically assessed during the preparation of each United Nations peacekeeping operation; welcomes the comprehensive assessment undertaken on the role and activities of CPAs with a view to drawing lessons learned and best practices;
13. Welcomes recent initiatives by regional and subregional organizations and arrangements for the protection of children affected by armed conflict, and encourages continued mainstreaming of child protection into their advocacy, policies and programmes; development of peer review and monitoring and reporting mechanisms; establishment, within their secretariats, of child-protection mechanisms; inclusion of child-protection staff and training in their peace and field operations; sub- and interregional initiatives to end activities harmful to children in times of conflict, in particular cross-border recruitment and abduction of children, illicit movement of small arms, and illicit trade in natural resources through the development and implementation of guidelines on children and armed conflict;
14. Calls upon all parties concerned to ensure that the protection, rights and well-being of children affected by armed conflict are specifically integrated into all peace processes, peace agreements and post-conflict recovery and reconstruction planning and programmes;
15. Calls upon all parties concerned to abide by the international obligations applicable to them relating to the protection of children affected by armed conflict as well as the concrete commitments they have made to the Special Representative of the Secretary-General for Children and Armed Conflict, to UNICEF and other United Nations agencies and to cooperate fully with the United Nations peacekeeping missions and United Nations country teams, where appropriate, in the context of the cooperation framework between the United Nations and the concerned Government, in the follow-up and implementation of these commitments;
16. Urges Member States, United Nations entities, regional and subregional organizations and other parties concerned, to take appropriate measures to control illicit subregional and cross-border activities harmful to children, including illicit exploitation of natural resources, illicit trade in small arms, abduction of children and their use and recruitment as soldiers as well as other violations and abuses committed against children in situations of armed conflict in violation of applicable international law;
17. Urges all parties concerned, including Member States, United Nations entities and financial institutions, to support the development and strengthening of the capacities of national institutions and local civil society networks for advocacy, protection and rehabilitation of children affected by armed conflict to ensure the sustainability of local child-protection initiatives;
18. Requests that the Secretary-General direct all relevant United Nations entities to take specific measures, within existing resources, to ensure systematic mainstreaming of CAAC issues within their respective institutions, including by ensuring allocation of adequate financial and human resources towards protection of war-affected children within all relevant offices and departments and on the ground as well as to strengthen, within their respective mandates, their cooperation and coordination when addressing the protection of children in armed conflict;
19. Reiterates its request to the Secretary-General to ensure that, in all his reports on country-specific situations, the protection of children is included as a specific aspect of the report, and expresses its intention to give its full attention to the information provided therein when dealing with those situations on its agenda. 
UN Security Council, Res. 1612, 26 July 2005, preamble and §§ 1 and 12–19, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
Recalling the particular impact which armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities, and stressing the protection and assistance needs of all affected civilian populations,
5. Reaffirms also its condemnation in the strongest terms of all acts of violence or abuses committed against civilians in situations of armed conflict in violation of applicable international obligations with respect in particular to … (iii) violence against children … and demands that all parties put an end to such practices;
11. Calls upon all parties concerned to ensure that all peace processes, peace agreements and post-conflict recovery and reconstruction planning have regard for the special needs of women and children … and include specific measures for the protection of civilians including … (iv) the facilitation of early access to education and training. 
UN Security Council, Res. 1674, 28 April 2006, preamble and §§ 5 and 11, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on reports of the Secretary-General on the Sudan, the UN Security Council:
Calls on all concerned parties to ensure that the protection of children is addressed in the implementation of the Darfur Peace Agreement, and requests the Secretary-General to ensure continued monitoring and reporting of the situation of children and continued dialogue with parties to the conflict towards the preparations of time-bound action plans to end recruitment and use of child soldiers and other violations against children. 
UN Security Council, Res. 1769, 31 July 2007, § 17, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Chad, the Central African Republic and the subregion, the UN Security Council:
Reaffirming its resolution 1612 (2005) on children in armed conflict, taking note of the report of the Secretary-General on children and armed conflict in Chad (S/2007/400) and the recommendations therein, and recalling the conclusions regarding Chad subsequently adopted by its Working Group on Children and Armed Conflict (S/AC.51/2007/16),
18. Takes note of the measures already undertaken by the authorities of Chad to put an end to the recruitment and use of children by armed groups, encourages them to pursue their cooperation with United Nations bodies, particularly UNICEF, and calls on all the parties involved to ensure that children are protected. 
UN Security Council, Res. 1778, 25 September 2007, preamble and § 18, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2007 on the situation in Haiti, the UN Security Council:
Strongly condemns the grave violations against children affected by armed violence, as well as widespread rape and other sexual abuse of girls, and requests MINUSTAH to continue to promote and protect the rights of women and children as set out in Security Council resolutions 1325 (2000) and 1612 (2005). 
UN Security Council, Res. 1780, 15 October 2007, § 17, voting record: 15-0-0.
UN Security Council
In 1998, in a statement by its President on Sierra Leone, the UN Security Council condemned as gross violations of IHL the “atrocities carried out against the civilian population, particularly … children”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1998/13, 20 May 1998, § 1.
UN Security Council
In 1998, in a statement by its President on children and armed conflict, the UN Security Council strongly condemned “the targeting of children in armed conflicts … in violation of international humanitarian law”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1998/18, 29 June 1998, § 2.
UN Security Council
In 1999, in a statement by its President, the UN Security Council expressed particular concern at “the harmful impact of armed conflict on children”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1999/6, 12 February 1999, § 5.
UN Security Council
In 2004, in a statement by its President on the situation in the Darfur region of Sudan, the UN Security Council stated:
The Security Council strongly condemns these acts which jeopardize a peaceful solution to the crisis, stresses that all parties to the N’djamena humanitarian ceasefire agreement committed themselves to refraining from any act of violence or any other abuse against civilian populations, in particular women and children.  
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/18, 25 May 2004, p. 1.
UN Security Council
In 2004, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Security Council underlines the vulnerability of women and children in situations of armed conflict, bearing in mind in this regard its resolutions 1325 (2000) on women, peace and security and 1539 (2004) as well as all other resolutions on children and armed conflict, and recognizes their special needs, in particular those of the girl child. It stresses the importance of developing strategies aimed at preventing and responding to sexual and gender-based violence, through the improvement in the design of peacekeeping and assessment missions by, inter alia, the inclusion of gender and child protection advisers. It stresses also the importance for women and children subject to exploitation and sexual violence to receive adequate assistance and support. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/46, 14 December 2004, pp. 1–2.
UN Security Council
In 2005, in a statement by its President regarding children and armed conflict, the UN Security Council stated:
The Security Council has considered the matter of children and armed conflict and took note with deep concern of the continued recruitment and use of children by parties to armed conflict in violation of international obligations applicable to them, as reported by the Secretary-General in his fifth report (S/2005/72). It reiterates its commitment to address in all its forms the impact of armed conflict on children.
The Council reaffirms its strong condemnation of the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them and of all other violations and abuses committed against children in situations of armed conflict. It urges all parties to armed conflict to halt immediately such intolerable practices.
The Council recalls all its previous resolutions, which provide a comprehensive framework for addressing the protection of children affected by armed conflict. It reiterates its determination to ensure respect for its resolutions and other international norms and standards for the protection of children affected by armed conflict.
The Council recalls particularly paragraph 2 of its resolution 1539 (2004) dated 22 April 2004, requesting the Secretary-General, taking into account the proposals contained in his report as well as any other relevant elements, to devise urgently an action plan for a systematic and comprehensive monitoring and reporting mechanism, which utilizes expertise from the United Nations system and the contributions of national Governments, regional organizations, non-governmental organizations in their advisory capacity and various civil society actors, in order to provide timely, objective, accurate and reliable information on the recruitment and use of child soldiers in violation of applicable international law and on other violations and abuses committed against children affected by armed conflict, for consideration in taking appropriate action.
The Council takes note of the Secretary-General’s proposal for an Action Plan for the establishment of a monitoring, reporting and compliance mechanism, in accordance with this request and with paragraph 15 (b) of resolution 1539 (2004) and has started consideration of the Secretary-General’s proposal.
The Council reiterates the crucial need for a systematic and comprehensive monitoring and reporting mechanism, and its determination to ensure compliance and to put an end to impunity. The Council further reiterates its intention to complete expeditiously the process of the establishment of the mechanism.
In this regard, it has started work on a new resolution with the aim of its early adoption and with due consideration of views expressed by the United Nations Member States during the open debate held on 23 February 2005, in order to take forward the implementation of its previous resolutions with a view to ending the recruitment or use of child soldiers in violation of applicable international law and other violations and abuses committed against children affected by armed conflict situations, and promoting their reintegration and rehabilitation. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/8, 23 February 2005, pp. 1–2.
UN Security Council
In 2005, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Council is gravely concerned about limited progress on the ground to ensure the effective protection of civilians in situations of armed conflict. It stresses in particular the urgent need for providing better physical protection for displaced populations as well as for other vulnerable groups, in particular women and children. Efforts should be focused in areas where these populations and groups are most at risk. At the same time, it considers that contributing to the establishment of a secure environment for all vulnerable populations should be a key objective of peacekeeping operations. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/25, 21 June 2005, p. 1.
UN Security Council
In 2006, in a statement by its President on children and armed conflict, the UN Security Council called “for a reinvigorated effort by the international community to enhance the protection of children affected by armed conflict”. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2006/33, 24 July 2006, p. 2.
UN Security Council
In 2006, in a statement by its President on children and armed conflict, the UN Security Council stated:
The Security Council welcomes the steps taken by national, international and “mixed” criminal courts and tribunals against those who are alleged to have committed grave violations against children in situations of armed conflict in violation of applicable international law.
However, the Security Council strongly condemns the … killing and maiming of children, rape and other sexual violence, abductions, denial of humanitarian access to children and attacks against schools and hospitals by parties to armed conflict. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2006/48, 28 November 2006, pp. 1–2.
UN General Assembly
In a resolution adopted in 1993 on protection of children affected by armed conflicts, the UN General Assembly:
Calls upon States fully to respect the provisions of the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto, of 1977, as well as those of the Convention on the Rights of the Child, which accord children affected by armed conflicts special protection and treatment. 
UN General Assembly, Res. 48/157, 20 December 1993, § 2, adopted without a vote.
UN General Assembly
In a resolution adopted in 2000 on the situation of human rights in the Sudan, the UN General Assembly urged all parties to the continuing conflict in the Sudan:
To stop attacks on sites that usually have a significant presence of children as well as during the “days of tranquillity” which had been agreed for the purpose of ensuring peaceful polio vaccination campaigns. 
UN General Assembly, Res. 55/116, 4 December 2000, § 3(d), voting record: 85-32-49-23.
UN General Assembly
In a resolution adopted in 2003 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 58/114, 17 December 2003, § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the situation of and assistance to Palestinian children, the UN General Assembly:
Demands, in the meanwhile, that Israel, the occupying Power, respect relevant provisions of the Convention on the Rights of the Child and comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in order to ensure the well-being and protection of Palestinian children and their families. 
UN General Assembly, Res. 58/155, 22 December 2003, § 2, voting record: 106-5-65-15.
UN General Assembly
In a resolution adopted in 2003 on the girl child, the UN General Assembly:
Deeply concerned also that, in situations of poverty, war and armed conflict, girl children are among those most affected and that their potential for full development is thus limited,
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers;
17. Urges all States and the international community to respect, protect and promote the rights of the child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and calls for special initiatives designed to address all of the rights and needs of girls affected by armed conflicts. 
UN General Assembly, Res. 58/156, 22 December 2003, preamble and §§ 15–17, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the rights of the child, the UN General Assembly:
Emphasizing that the Convention on the Rights of the Child must constitute the standard in the promotion and protection of the rights of the child, and bearing in mind the importance of the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, as well as other relevant human rights instruments,
noting the importance of the debates held by the Security Council on children and armed conflict, of Council resolutions 1379 (2001) of 20 November 2001 and 1460 (2003) of 30 January 2003 and of the undertaking by the Council to give special attention to the protection, welfare and rights of children in armed conflict when taking action aimed at maintaining peace and security, including provisions for the protection of children in the mandates of peacekeeping operations, as well as the inclusion of child protection advisers in these operations,
Profoundly concerned that the situation of children in many parts of the world remains critical as a result of the persistence of … armed conflict … and convinced that urgent and effective national and international action is called for,
8. Calls upon all States to end impunity for perpetrators of crimes committed against children, recognizing in this regard the contribution of the establishment of the International Criminal Court as a way to prevent violations of human rights and international humanitarian law, in particular when children are victims of serious crimes, including the crime of genocide, crimes against humanity and war crimes, and to bring perpetrators of such crimes to justice, and not to grant amnesties for these crimes;
38. Further calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, to pay particular attention to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations, including by facilitating their work;
41. Calls upon:
(c) All States to take appropriate steps to ensure compliance with the principle that depriving children of their liberty should be used only as a measure of last resort and for the shortest appropriate period of time, in particular before trial, and to ensure that, if they are arrested, detained or imprisoned, children are provided with adequate legal assistance and are separated from adults, to the greatest extent feasible, unless it is considered in their best interest not to do so, and also to take appropriate steps to ensure that no child in detention is sentenced to forced labour or corporal punishment or deprived of access to and provision of health-care services, hygiene and environmental sanitation, education, basic instruction and vocational training, taking into consideration the special needs of children with disabilities in detention, in accordance with their obligations under the Convention;
46. Urges all States:
(b) To protect children affected by armed conflict, in particular to protect them from acts that constitute violations of international humanitarian law and human rights law and to ensure that they receive timely, effective and unhindered humanitarian assistance as well as support for physical and psychological recovery;
47. Emphasizes the importance of giving systematic consideration to the rights, special needs and particular vulnerability of the girl child during conflicts and in post-conflict situations. 
UN General Assembly, Res. 58/157, 22 December 2003, preamble and §§ 8, 38, 41(c), 46(b) and 47, voting record: 179-1-0-11.
UN General Assembly
In a resolution adopted in 2004 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 59/141, 15 December 2004, § 15, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on a new international humanitarian order, the UN General Assembly:
Reaffirms the obligation of all States and parties to armed conflicts to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 59/171, 20 December 2004, § 2, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
7. Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict, and in this regard takes note of the report of the Secretary-General on women and peace and security submitted to and discussed by the Security Council;
8. Reiterates the importance of the full and effective implementation of standards and procedures to better address the specific protection needs of refugee children and adolescents and to safeguard rights and, in particular, to ensure adequate attention to unaccompanied and separated children and former child soldiers in refugee settings, as well as in the context of voluntary repatriation and reintegration measures. 
UN General Assembly, Res. 59/172, 20 December 2004, §§ 7–8, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on missing persons, the UN General Assembly requested States to “pay the utmost attention to cases of children reported missing in connection with armed conflicts and to take appropriate measures to search for and identify those children”. 
UN General Assembly, Res. 59/189, 20 December 2004, § 6, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the rights of the child, the UN General Assembly:
42. … notes … the importance of the undertaking by the [UN Security] Council to give special attention to the protection, welfare and rights of children in armed conflict when taking action aimed at maintaining peace and security, including provisions for the protection of children in the mandates of peacekeeping operations, as well as the inclusion of child protection advisers in those operations;
48. Calls upon States:
(d) To protect children affected by armed conflict, in particular from violations of international humanitarian law and human rights law and to ensure that they receive timely, effective humanitarian assistance in accordance with the Geneva Conventions of 12 August 1949 and international humanitarian law. 
UN General Assembly, Res. 59/261, 23 December 2004, §§ 42 and 48(d), voting record: 166-2-1-22.
UN General Assembly
In a resolution adopted in 2005 on the 2005 World Summit Outcome, the UN General Assembly stated:
118. We … call upon all States concerned to take concrete measures to ensure accountability and compliance by those responsible for grave abuses against children. We also reaffirm our commitment to ensure that children in armed conflicts receive timely and effective humanitarian assistance, including education, for their rehabilitation and reintegration into society.
141. We express dismay at the increasing number of children involved in and affected by armed conflict … We support cooperation policies aimed at strengthening national capacities to improve the situation of those children and to assist in their rehabilitation and reintegration into society. 
UN General Assembly, Res. 60/1, 16 September 2005, §§ 118 and 141, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 60/124, 15 December 2005, § 3, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
6. Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict, and calls upon States to promote and protect the human rights of all refugees and other persons of concern, paying special attention to those with specific needs, and to tailor their protection responses appropriately,
7. Reiterates the importance of the full and effective implementation of standards and procedures, including the monitoring and reporting mechanism outlined in Security Council resolution 1612 (2005) of 26 July 2005, to better address the specific protection needs of refugee children and adolescents and to safeguard rights and, in particular, to ensure adequate attention to unaccompanied and separated children and children affected by armed conflict, including former child soldiers in refugee settings, as well as in the context of voluntary repatriation and reintegration measures. 
UN General Assembly, Res. 60/128, 16 December 2005, §§ 6–7, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the girl child, the UN General Assembly:
Deeply concerned also that, in situations of poverty, war and armed conflict, girl children are among those most affected and that their potential for full development is thus limited,
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and by post-conflict situations and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
17. Urges all States and the international community to respect, protect and promote the rights of the child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and calls for special initiatives designed to address all of the rights and needs of girls affected by armed conflicts. 
UN General Assembly, Res. 60/141, 16 December 2005, preamble and §§ 15 and 17, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the rights of the child, the UN General Assembly
28. Also calls upon all States to ensure that no child in detention is sentenced to forced labour or corporal punishment or deprived of access to and provision of health-care services, hygiene and environmental sanitation, education, basic instruction and vocational training;
33. Calls upon States:
(c) To protect children affected by armed conflict, in particular from violations of international humanitarian law and human rights law and to ensure that they receive timely, effective humanitarian assistance, in accordance with international humanitarian law, including the Geneva Conventions of 12 August 1949, and calls upon the international community to hold those responsible for violations accountable, inter alia, through the International Criminal Court. 
UN General Assembly, Res. 60/231, 23 December 2005, §§ 28 and 33(c), voting record: 130-1-0-60.
UN General Assembly
In a resolution adopted in 2006 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 61/134, 14 December 2006, § 21, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the rights of the child, the UN General Assembly:
32. Also calls upon all States to ensure that no child in detention is sentenced to forced labour or any form of cruel or degrading punishment, or deprived of access to and provision of health-care services, hygiene and environmental sanitation, education, basic instruction and vocational training;
36. Calls upon States:
(e) To protect children affected by armed conflict, in particular from violations of international humanitarian law and human rights law and to ensure that they receive timely, effective humanitarian assistance, in accordance with international humanitarian law, including the Geneva Conventions of 12 August 1949, and calls upon the international community to hold those responsible for violations accountable, inter alia, through the International Criminal Court. 
UN General Assembly, Res. 61/146, 19 December 2006, §§ 32 and 36(e), voting record: 185-1-0-6.
UN General Assembly
In a resolution adopted in 2006 on the human rights situation arising from Israeli military operations in Lebanon, the UN General Assembly:
1. Condemns all acts of violence against civilians, including the bombardment by Israeli military forces of Lebanese civilians causing extensive loss of life and injuries, including among children …
2. Emphasizes the importance of the safety and well-being of all children;
3. Expresses deep concern about the negative consequences, including the mental and psychological impact, of the Israeli military operations for the wellbeing of Lebanese children;
5. Deplores the death of more than 1,100 civilians, one third being children, as a result of the Israeli military operations in Lebanon. 
UN General Assembly, Res. 61/154, 19 December 2006, §§ 1–3 and 5, voting record: 112-7-64-9.
UN General Assembly
In a resolution adopted in 2006 on missing persons, the UN General Assembly requested States to “pay the utmost attention to cases of children reported missing in connection with armed conflicts and to take appropriate measures to search for and identify those children”. 
UN General Assembly, Res. 61/155, 19 December 2006, § 7, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on extrajudicial, summary or arbitrary executions, the UN General Assembly:
Encourages Governments and intergovernmental and non-governmental organizations to organize training programmes and to support projects with a view to training or educating military forces, law enforcement officers and government officials in human rights and humanitarian law issues connected with their work and to include a gender and child rights perspective in such training, and appeals to the international community and requests the Office of the United Nations High Commissioner for Human Rights to support endeavours to that end. 
UN General Assembly, Res. 61/173, 19 December 2006, § 8, voting record: 137-0-43-12.
UN General Assembly
In a resolution adopted in 2006 on the implementation of the recommendations contained in the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa, the UN General Assembly:
Notes with concern the tragic plight of children in conflict situations in Africa, particularly the phenomenon of child soldiers, and stresses the need for the protection of children in armed conflicts, post-conflict counselling, rehabilitation and education. 
UN General Assembly, Res. 61/230, 22 December 2006, § 13, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar “to intensify measures to ensure the protection of children affected by armed conflict”. 
UN General Assembly, Res. 61/232, 22 December 2006, § 3(c), voting record: 82-25-45-40.
UN General Assembly
In a resolution adopted in 2007 on the situation in Afghanistan, the UN General Assembly welcomed “the completion of the disarmament and demobilization of child soldiers in the Afghan Military Forces” and stressed “the importance of the reintegration of child soldiers and of care for other children affected by war”. 
UN General Assembly, Res. 62/6, 11 November 2007, § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 62/94, 17 December 2007, § 19, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on youth policies and programmes, the UN General Assembly called upon Member States, with the support of the international community:
To ensure that national policies and programmes on youth development address the particular needs of young people who are in distressed circumstances or otherwise socially excluded or marginalized, including indigenous, migrant, refugee and displaced youth, young persons living in situations of armed conflict, terrorism, hostage-taking, aggression, foreign occupation, civil war or post-conflict settings, young people subjected to racism or xenophobia, street children, poor youth in urban or rural areas and youth affected by natural or man-made disasters. 
UN General Assembly, Res. 62/126, 18 December 2007, § 8(l), adopted without a vote.
Through this resolution, the UN General Assembly adopted the Supplement to the World Programme of Action for Youth to the Year 2000 and Beyond. 
UN General Assembly, Res. 62/126, 18 December 2007, § 2, adopted without a vote.
The Supplement states:
44. Youth are often among the main victims of armed conflict. Children and youth are killed or maimed, made orphans, abducted, taken hostage, forcibly displaced, deprived of education and health care and left with deep emotional scars and trauma. Children illegally recruited as child soldiers are often forced to commit serious abuses. Armed conflict destroys the safe environment provided by a house, a family, adequate nutrition, education and employment. During conflict, health risks increase among youth, especially young women. Young women and girls face additional risks, in particular those of sexual violence and exploitation.
45. During conflict, young men and women who are forced to take on “adult” roles miss out on opportunities for personal or professional development. When conflict ends, many of the young people who must make the transition to adulthood while dealing with the traumas of war are at the same time required to adapt quickly to their new roles, often as parents and caretakers of the victims of war. Without services to help them to deal with their situation, youth and young adults may fail to integrate into society.
50. Governments should protect young persons in situations of armed conflict, post-conflict settings and settings involving refugees and internally displaced persons, where youth are at risk of violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between young women and young men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world, and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting young persons in nearly every region, from which they need to be protected.
53. Governments should encourage the involvement of young people, where appropriate, in activities concerning the protection of children and youth affected by armed conflict, including programmes for reconciliation, peace consolidation and peacebuilding. 
UN General Assembly, Res. 62/126, 18 December 2007, Annex, §§ 44–45, 50 and 53, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the girl child, the UN General Assembly:
Urges all States and the international community to respect, promote and protect the rights of the girl child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and further urges States to take special measures for the protection of girls, in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape, sexual abuse and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account their special needs in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes.  
UN General Assembly, Res. 62/140, 18 December 2007, § 19, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the rights of the child, the UN General Assembly:
37. Also calls upon all States to ensure that no child in detention is sentenced to forced labour or any form of cruel or degrading punishment, or deprived of access to and provision of health-care services, hygiene and environmental sanitation, education, basic instruction and vocational training;
41. Calls upon States:
(e) To protect children affected by armed conflict, in particular from violations of international humanitarian law and human rights law, and to ensure that they receive timely, effective humanitarian assistance, in accordance with international humanitarian law, including the Geneva Conventions of 12 August 1949, and calls upon the international community to hold those responsible for violations accountable, inter alia, through the International Criminal Court. 
UN General Assembly, Res. 62/141, 18 December 2007, §§ 37 and 41(e), voting record: 183-1-0-8.
UN Economic and Social Council
In a resolution adopted in 2003 on strengthening of the coordination of emergency humanitarian assistance of the United Nations, ECOSOC:
Reaffirms the obligation of all States and parties to armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
ECOSOC, Res. 2003/5, 15 July 2003, § 3, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2007 on a Supplement to the World Programme of Action for Youth to the Year 2000 and Beyond, ECOSOC recommended to the UN General Assembly that it adopt a draft resolution that stated, inter alia:
44. Youth are often among the main victims of armed conflict. Children and youth are killed or maimed, made orphans, abducted, taken hostage, forcibly displaced, deprived of education and health care and left with deep emotional scars and trauma. Children illegally recruited as child soldiers are often forced to commit serious abuses. Armed conflict destroys the safe environment provided by a house, a family, adequate nutrition, education and employment. During conflict, health risks increase among youth, especially young women. Young women and girls face additional risks, in particular those of sexual violence and exploitation.
50. Governments should protect young persons in situations of armed conflict, post-conflict settings and settings involving refugees and internally displaced persons, where youth are at risk of violence and where their ability to seek and receive redress is often restricted. 
ECOSOC, Res. 2007/27, 27 July 2007, §§ 44 and 50, voting record: 49-1-0.
UN Commission on Human Rights
In a resolution adopted in 1998 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
Expresses its deep concern:
(a) At the continuing violations of human rights in Myanmar, as reported by the Special Rapporteur, including … abuse of women and children by government agents … and the widespread use of forced labour, including for work on infrastructure projects and as porters for the army;
(d) At continuing violations of the rights of children in contravention of the Convention on the Rights of the Child, in particular by the lack of conformity of the existing legal framework with the Convention, by recruitment of children into forced labour programmes and into the armed forces, and by discrimination against children belonging to ethnic and religious minority groups. 
UN Commission on Human Rights, Res. 1998/63, 21 April 1998, § 3(a) and (d), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1998 on the rights of the child, the UN Commission on Human Rights reaffirmed “the importance of the special attention for children in situations of armed conflict, in particular in the areas of health and nutrition, education and social reintegration”. 
UN Commission on Human Rights, Res. 1998/76, 22 April 1998, § 13(d).
UN Commission on Human Rights
In a resolution adopted in 2003 on the abduction of children in Africa, the UN Commission on Human Rights:
4. Calls for the immediate and unconditional release and safe return of all abducted children to their families and communities;
5. Calls upon African States:
(a) To pay particular attention to the protection of refugee children, especially unaccompanied refugee minors, and internally displaced children who are exposed to the risk of being abducted or becoming involved in armed conflicts;
(b) To take extra measures to protect refugee children, particularly girls, from being abducted by guerrilla groups;
(c) To increase and enhance cooperation at regional and international levels to combat networks of abduction and child trafficking and to suppress their activities;
(d) To take adequate measures to prevent the abduction and recruitment of children by armed groups, as distinct from armed forces of States, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices;
9. Requests African States, in cooperation with the relevant United Nations agencies, to provide the victims and their families with the necessary assistance and to support sustainable rehabilitation and reintegration programmes for abducted children, including the provision of psychological assistance, basic education and vocational training, taking into account the special needs of abducted girl children. 
UN Commission on Human Rights, Res. 2003/85, 25 April 2003, §§ 4–5 and 9, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the rights of the child, the UN Commission on Human Rights:
42. Calls upon:
(c) All States and relevant United Nations bodies and agencies and regional organizations to integrate the rights of the child into all activities in conflict and post-conflict situations, to ensure adequate child protection training of their staff and personnel and to facilitate the participation of children in the development of strategies in this regard, making sure that there are opportunities for children’s voices to be heard;
43. Recommends that, whenever sanctions are imposed, in particular in the context of armed conflict, their impact on children be assessed and monitored and, to the extent that there are humanitarian exemptions, they be child-focused and formulated with clear guidelines for their application, in order to address possible adverse effects of the sanctions, and reaffirms the recommendations of the General Assembly and the International Conference of the Red Cross and Red Crescent. 
UN Commission on Human Rights, Res. 2003/86, 25 April 2003, §§ 42(c) and 43, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the abduction of children in Africa, the UN Commission on Human Rights:
4. Calls for the immediate and unconditional release and safe return of all abducted children to their families and communities;
5. Calls upon African States:
(a) To pay particular attention to the protection of refugee children, especially unaccompanied refugee minors, and internally displaced children who are exposed to the risk of being abducted or becoming involved in armed conflicts;
(b) To take extra measures to protect refugee children and internally displaced children, particularly girls, from being abducted by guerrilla groups;
(c) To take adequate measures to prevent the abduction and recruitment of children by armed forces and armed groups, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices;
9. Requests African States, in cooperation with the relevant United Nations agencies, to provide the victims and their families with the necessary assistance and to support sustainable rehabilitation and reintegration programmes for abducted children, including the provision of psychological assistance, basic education and vocational training, taking into account the special needs of abducted girl children. 
UN Commission on Human Rights, Res. 2004/47, 20 April 2004, §§ 4–5 and 9, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the rights of the child, the UN Commission on Human Rights:
39. … Takes note of the undertaking by the [UN Security] Council to give special attention to the protection, welfare and rights of children in armed conflict when taking action aimed at maintaining peace and security, including provisions for the protection of children in the mandates of peacekeeping operations, as well as the inclusion of child protection advisers in these operations;
44. Calls upon:
(c) All States and relevant United Nations bodies and agencies and regional organizations to integrate the rights of the child into all activities in conflict and postconflict situations, to ensure adequate child protection training of their staff and personnel and to facilitate the participation of children in the development of strategies in this regard, making sure that there are opportunities for children’s voices to be heard;
45. Recommends that, whenever sanctions are imposed, in particular in the context of armed conflict, their impact on children be assessed and monitored and, to the extent that there are humanitarian exemptions, they be childfocused and formulated with clear guidelines for their application, in order to address possible adverse effects of the sanctions, and reaffirms the recommendations of the General Assembly and the International Conference of the Red Cross and Red Crescent. 
UN Commission on Human Rights, Res. 2004/48, 20 April 2004, §§ 39, 44(c) and 45, voting record: 52-1-0.
UN Commission on Human Rights
In a resolution adopted in 2004 on missing persons, the UN Commission on Human Rights requested States to “pay the utmost attention to cases of children reported missing in connection with armed conflicts and to take appropriate measures to search for and identify those children”. 
UN Commission on Human Rights, Res. 2004/50, 20 April 2004, § 6, voting record: 52-0-1.
UN Commission on Human Rights
In a resolution adopted in 2005 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Urges all States to take all necessary and possible measures, in conformity with international human rights law and international humanitarian law, to prevent loss of life, in particular that of children, during internal and communal violence, civil unrest, public demonstrations, public emergency and armed conflicts, and to ensure, through education, training and other measures, that police, law enforcement officials, armed forces and other government officials act with restraint and in conformity with international human rights law and international humanitarian law, and to include a gender perspective in such measures. 
UN Commission on Human Rights, Res. 2005/34, 19 April 2005, § 7, voting record: 36-0-17.
UN Commission on Human Rights
In a resolution adopted in 2005 on the abduction of children in Africa, the UN Commission on Human Rights:
2. Also condemns the abduction of children from camps of refugees and internally displaced persons by armed forces and armed groups, and their subjection of children to participation in fighting, torture, killing and rape as victims and as perpetrators;
4. Calls for the immediate and unconditional release and safe return of all abducted children to their families, extended families and communities;
5. Calls upon African States:
(a) To pay particular attention to the protection of refugee and internally displaced children, especially unaccompanied and separated children, who are exposed to the risk of being abducted or becoming involved in armed conflicts;
(c) To take adequate measures to prevent the abduction and recruitment of children by armed forces and armed groups and their participation in hostilities, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices and practical measures such as prompt and comprehensive birth registration of all children (including refugee and internally displaced children), documentation of children, preservation of family unity and its facilitation in case of separation, access to education, health care, vocational training and employment;
6. Encourages all African States to integrate the rights of the child into all peace processes, peace agreements and post-conflict recovery and reconstruction phases;
9. Requests African States, in cooperation with the relevant United Nations agencies, to provide the victims and their families with the necessary assistance and to support sustainable rehabilitation and reintegration programmes for abducted children, including the provision of psychological assistance, basic education and vocational training, taking into account the rights and special needs of abducted girl children. 
UN Commission on Human Rights, Res. 2005/43, 19 April 2005, §§ 2, 4–6 and 9, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the rights of the child, the UN Commission on Human Rights:
36. Strongly condemns any recruitment and use of children in armed conflicts contrary to international law, and urges all parties to armed conflict to end such practice, and all other violations against children, including killing or maiming, rape or other sexual violence, abduction, denial of humanitarian access, attacks against schools and hospitals and the forced displacement of children and their families;
37. Calls upon all States to pay special attention to the protection, welfare and rights of girls affected by armed conflict;
39. Calls upon:
(c) All States and relevant United Nations bodies and agencies and regional organizations to integrate the rights of the child into all activities in conflict and postconflict situations, to ensure adequate child protection training of their staff and personnel, including through the drafting and dissemination of codes of conduct addressing the issue of sexual exploitation and abuse of children, to ensure that States take effective preventive measures against sexual exploitation and abuse by their military and civilian peacekeepers and hold them to account, and to facilitate the participation of children in the development of strategies in this regard, making sure that there are opportunities for children’s voices to be heard and given due weight in accordance with the age and maturity of the child. 
UN Commission on Human Rights, Res. 2005/44, 19 April 2005, §§ 36–37 and 39(c), voting record: 52-1-0.
UN Commission on Human Rights
In a resolution adopted in 2005 on the protection of the human rights of civilians in armed conflicts, the UN Commission on Human Rights:
Gravely concerned about violations of human rights law and international humanitarian law during armed conflicts, in all parts of the world, and their impact on the civilian population, especially women, children and vulnerable groups,
2. Urges all parties to armed conflicts to comply with their obligations under international humanitarian law, in particular to ensure respect for and protection of the civilian population, and also urges all States to comply with their human rights obligations in this context. 
UN Commission on Human Rights, Res. 2005/63, 20 April 2005, preamble and § 2, voting record: 51-1-1.
UN Commission on Human Rights
In a resolution adopted in 2005 on assistance to Sierra Leone in the field of human rights, the UN Commission on Human Rights urged the Government of Sierra Leone:
To continue to give priority attention, in cooperation with the international community, to programmes aimed at addressing the plight … of women and children in its care, in particular those sexually abused and gravely traumatized and displaced as a result of the conflict. 
UN Commission on Human Rights, Res. 2005/76, 20 April 2005, § 2(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in Nepal, the UN Commission on Human Rights:
7. Calls upon all parties to the conflict to respect human rights and international humanitarian law, in particular common article 3 of the Geneva Conventions of 12 August 1949, as well as to act in conformity with all other relevant standards relating to the protection of civilians, particularly of women and children, and to allow the safe and unhindered access of humanitarian organizations to those in need of assistance;
8. Urges the Government of Nepal:
(e) To take appropriate measures to protect women and girls from gender-based violence, as emphasized by the Security Council in resolution 1325 (2000), and to prevent and prosecute traffickers in women and children. 
UN Commission on Human Rights, Res. 2005/78, 20 April 2005, §§ 7 and 8(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights:
5. Expresses deep concern at:
(a) The reported cases of rape, arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment and violence … in particular against women and children …
(b) The prevalence of sexual violence and abuse, in particular among displaced children, children engaged in exploitative and hazardous labour …
7. Firmly condemns:
(b) The ongoing widespread violations and abuses of human rights and humanitarian law, in particular against internally displaced persons, refugees, minorities, vulnerable groups, women and children. 
UN Commission on Human Rights, Res. 2005/83, 21 April 2005, §§ 5(a)–(b) and 7(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights requested the Transitional Government to take specific measures “to respond to the specific needs of women and girls during and after the conflict”. 
UN Commission on Human Rights, Res. 2005/85, 21 April 2005, § 6(h), adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the situation of human rights in Darfur, the UN Human Rights Council:
3. Expresses its deep concern regarding the seriousness of the ongoing violations of human rights and international humanitarian law in Darfur, including armed attacks on the civilian population and humanitarian workers, widespread destruction of villages, and continued and widespread violence, in particular gender-based violence against women and girls, as well as the lack of accountability of perpetrators of such crimes;
4. Calls upon all parties to the conflict in Darfur to put an end to all acts of violence against civilians, with a special focus on vulnerable groups including women, children and internally displaced persons, as well as humanitarian workers. 
UN Human Rights Council, Res. 4/8, 30 March 2007, §§ 3–4, adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the Human Rights Council Group of Experts on the situation of human rights in Darfur, the UN Human Rights Council reiterated its call upon all parties “to put an end to all acts of violence against civilians, with special focus on vulnerable groups, including women, children and internally displaced persons, as well as human rights defenders and humanitarian workers”. 
UN Human Rights Council, Res. 6/35, 14 December 2007, § 7, adopted without a vote.
UN High Commissioner for Refugees
In 1994, in a joint statement, the ICRC, the International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF reaffirmed that they “will continue to do their utmost to improve protection, medical and social conditions … so that the safety and the welfare of [unaccompanied] children can be ensured”. 
ICRC, International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF, Joint statement on the evacuation of unaccompanied children from Rwanda, 27 June 1994, § 4.
UNHCR Executive Committee
In 1997, in its Conclusion on Refugee Children and Adolescents, the UNHCR Executive Committee called upon States and relevant parties “to respect and observe rights and principles that are in accordance with international human rights and humanitarian law [including] … (iv) the right of children affected by armed conflict to special protection and treatment”.  
UNHCR, Executive Committee, Conclusion No. 84(XLVIII): Refugee Children and Adolescents, 20 October 1997, § a(iv).
UNICEF
In 1994, in a joint statement, the ICRC, the International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF reaffirmed that they “will continue to do their utmost to improve protection, medical and social conditions … so that the safety and the welfare of [unaccompanied] children can be ensured”. 
ICRC, International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF, Joint statement on the evacuation of unaccompanied children from Rwanda, 27 June 1994, § 4.
UN Secretary-General
In 1998, in a report on assistance to unaccompanied refugee minors, which included a section on internally displaced children, the UN Secretary-General noted that UNICEF was “pressing for an end to the systematic abduction of children from northern Uganda … [to] camps in southern Sudan … [where] they were tortured, enslaved, raped and otherwise abused”. 
UN Secretary-General, Report on assistance to unaccompanied refugee minors, UN Doc. A/53/325, 26 August 1998, § 20.
UN Expert on the Situation of Children in Armed Conflicts
In 1996, in a report on the impact of armed conflict on children, the UN Expert on the Situation of Children in Armed Conflicts recommended that “during conflicts, Governments should support the health of their population by facilitating ‘days of tranquillity’ or ‘corridors of peace’ to ensure continuity of basic child health measures and delivery of humanitarian relief”. 
UN Expert on the Situation of Children in Armed Conflicts, Report on the impact of armed conflict on children, UN Doc. A/51/306, 26 August 1996, Annex, § 165(c); see also §§ 208 and 280.
Council of Europe Parliamentary Assembly
In a resolution adopted in 1987, the Council of Europe Parliamentary Assembly condemned the imprisonment and torture of children during armed conflicts. 
Council of Europe, Parliamentary Assembly, Res. 881, 1 July 1987, § 13.
Council of Europe Parliamentary Assembly
In a recommendation adopted in 1991, the Council of Europe Parliamentary Assembly expressed shock at the hundreds of deaths daily in the Kurdish provinces of Iraq, with special reference to children. 
Council of Europe, Parliamentary Assembly, Rec. 1150, 24 April 1991, § 3.
Council of Europe Parliamentary Assembly
In a recommendation adopted in 1995 on Turkey’s military intervention in northern Iraq, the Council of Europe Parliamentary Assembly asked Turkey to guarantee the fundamental rights of civilians, with special reference to vulnerable groups, including children. 
Council of Europe, Parliamentary Assembly, Rec. 1266, 26 April 1995, § 5.
European Parliament
In a resolution adopted in 1989, the European Parliament expressed grave concern at the trial and imprisonment in Turkey of persons below adult age for political offences and called for their release. 
European Parliament, Resolution on human rights violations in Turkey, 16 January 1989, § A(1).
European Parliament
In a resolution adopted in 1989, the European Parliament stated that it considered that the most serious negative developments in the world with regard to respect for human rights included large-scale detention and reported torture or ill-treatment of children and minors in areas of civil unrest. 
European Parliament, Resolution on the May Day events and continuing aggravation of the domestic political climate in Turkey, 26 June 1989, § 6(d).
World Conference on Human Rights
In the Vienna Declaration and Programme of Action, the World Conference on Human Rights in 1993 expressed deep concern about “violations of human rights during armed conflicts, affecting the civilian population, especially … children” and therefore called upon States and all parties to armed conflicts “strictly to observe international humanitarian law”. 
World Conference on Human Rights, Vienna, 14–25 June 1993, Vienna Declaration and Programme of Action, UN Doc. A/CONF.157/23, 12 July 1993, § I(29); see also § II (50).
International Conference of the Red Cross (1986)
The 25th International Conference of the Red Cross in 1986 adopted a resolution on protection of children in armed conflicts in which it recalled that “according to the Geneva Conventions and the two Additional Protocols, children under the age of 15 years who have taken direct part in hostilities and fall into the power of an adverse Party continue to benefit from special protection, whether or not they are prisoners of war” and invited “governments and the Movement to do their utmost to ensure that children who have taken part, directly or indirectly, in hostilities are systematically rehabilitated to normal life”. 
25th International Conference of the Red Cross, Geneva, 23–31 October 1986, Res. IX, §§ 1, 3 and 6.
International Conference of the Red Cross and Red Crescent (1995)
The 26th International Conference of the Red Cross and Red Crescent in 1995 adopted a resolution on protection of the civilian population in period of armed conflict in which it urgently drew attention to “the obligation to take all requisite measures to provide children with the protection and assistance to which they are entitled under national and international law”, strongly condemned “the deliberate killing and exploitation of, and abuse of and violence against, children”, and called for “particularly stringent measures to prevent and punish such behaviour”. The Conference further encouraged
States, the Movement and other competent entities and organizations to develop preventive measures, assess existing programmes and set up new programmes to ensure that child victims of conflict receive medical, psychological and social assistance, provided if possible by qualified personnel who are aware of the specific issues involved. 
26th International Conference of the Red Cross and Red Crescent, Geneva, 3–7 December 1995, Res. II, § C(a), (b) and (g).
International Conference of the Red Cross and Red Crescent (1999)
The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent requested that all the parties to an armed conflict take effective measures to ensure that “in the conduct of hostilities, every effort is made … to spare the life, protect and respect the civilian population, with particular protective measures for … groups with special vulnerabilities such as children” and that “children receive the special protection, care and assistance … to which they are entitled under national and international law”. 
27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(a) and (f).
Committee on the Rights of the Child
In 1993, in its preliminary observations on Sudan, the Committee on the Rights of the Child expressed concern at “the effects of armed conflict on children … In emergency situations, all parties involved should do their utmost to facilitate humanitarian assistance to protect the lives of children.” 
Committee on the Rights of the Child, Preliminary observations on Sudan, UN Doc. CRC/C/15/Add.6, 18 February 1993, § 9.
In its concluding observations on the report of Sudan, the Committee stated that it continued to be alarmed at “the effects of emergency situations on children, as well as the problems faced by homeless … children. Reports on the forced labour and slavery of children give cause for the Committee’s deepest concern.” 
Committee on the Rights of the Child, Concluding observations on the report of Sudan, UN Doc. CRC/C/15/Add.10, 18 October 1993, § 14.
Committee on the Rights of the Child
In 1993, in its concluding observations on the report of Peru, the Committee on the Rights of the Child stated:
8. The Committee is concerned that due to the internal violence [in Peru], several registration centres had been destroyed, adversely affecting the situation of thousands of children who are often without any identity documents, thus running the risk of their being suspected of involvement in terrorist activities.
9. The Committee deplores that, under [Peruvian law], children between 15 and 18 years of age who are suspected of being involved in terrorist activities do not benefit from safeguards and guarantees afforded by the system of administration of juvenile justice under normal circumstances.
18. The Committee also recommends that the provision of [the] law … be repealed or amended in order for children below 18 years of age to enjoy fully the rights guaranteed to [juveniles in non-emergency situations]. 
Committee on the Rights of the Child, Concluding observations on the report of Peru, UN Doc. CRC/C/15/Add.8, 18 October 1993, §§ 8, 9 and 18.
Committee on the Rights of the Child
In 1995, in its concluding observations on the report of the United Kingdom, the Committee on the Rights of the Child stated:
The Committee is concerned about the absence of effective safeguards to prevent the ill-treatment of children under emergency legislation. In this connection, the Committee observes that … it is possible to hold children as young as 10 for seven days without charge. It is also noted that the emergency legislation which gives the police and the army the power to stop, question and search people on the street has led to complaints of children being mistreated. 
Committee on the Rights of the Child, Concluding observations on the report of the United Kingdom of Great Britain and Northern Ireland, UN Doc. CRC/C/38, 20 February 1995, § 212.
Committee on the Rights of the Child
In 1997, in its consideration of reports of Uganda, the Committee on the Rights of the Child stated:
19. The Committee is deeply concerned that the rules of international humanitarian law applicable to children in armed conflict are being violated in the northern part of the State party, in contradiction to the provisions of article 38 of the Convention. Furthermore, the Committee is concerned about the abduction, killings and torture of children occurring in this area of armed conflict and the involvement of children as child soldiers.
21. The Committee is concerned about the difficulties encountered by refugee and displaced children in securing access to basic education, health and social services.
24. The Committee is also concerned at the insufficiency of the measures taken by the State party for the physical and psychological recovery and social reintegration of children victims of war and abuse and, further, that the existing alternative care institutions lack material and financial resources and specialized personnel.
34. The Committee recommends that awareness of the duty to fully respect the rules of international humanitarian law, in the spirit of article 38 of the Convention, inter alia with regard to children, should be made known to the parties to the armed conflict in the northern part of the State party’s territory, and that violations of the rules of international humanitarian law entail responsibility being attributed to the perpetrators. Furthermore, the Committee recommends that the State party take measures to stop the killing and abduction of children and the use of children as child soldiers in the area of the armed conflict. While taking note of the regional initiatives already being undertaken, the Committee also recommends that, where appropriate, the State party liaise with the Special Representative of the Secretary-General on children in armed conflict.
37. The Committee recommends that special attention be directed to refugee and internally displaced children to ensure that they have equal access to basic facilities. 
Committee on the Rights of the Child, Consideration of reports of Uganda, UN Doc. CRC/C/15/Add.80, 21 October 1997, §§ 19, 21, 24, 34 and 37.
Inter-American Commission on Human Rights
In 1995, in examining a case involving the house arrest of the wife of the former President of Peru and their children, the Inter-American Commission on Human Rights considered that the detention of the minors required separate examination. In view of the special protection required for children under international law, the Commission found the measures taken by the Peruvian armed forces depriving the children of their freedom to be “particularly repugnant”. 
Inter-American Commission on Human Rights, Case 11.006 (Peru), Report, 7 February 1995, Sections VI(B)(1) and VII(1).
Eritrea-Ethiopia Claims Commission
In its Civilians Claims (Eritrea’s Claim) partial award in 2004, the Eritrea-Ethiopia Claims Commission, in considering the specific protection afforded to children, stated:
International humanitarian law imposes clear burdens on belligerents with respect to the protection of children … Article 24 of [the 1949] Geneva Convention IV sets out special protections for children under the age of fifteen who are separated from their families or orphaned:
The parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances.
Further guidance appears in Article 38 of the Convention on the Rights of the Child, which calls for parties to take “all feasible measures to ensure protection and care of children who are affected by an armed conflict.” 
Eritrea-Ethiopia Claims Commission, Civilians Claims, Eritrea’s Claim, Partial Award, 17 December 2004, § 154.
[footnote in original omitted]
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “Children shall be treated with all regard due to their … age.” 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 666.
Council of Delegates (1991)
At its Budapest Session in 1991, the Council of Delegates adopted a resolution on child soldiers in which it appealed to all parties to armed conflicts “strictly to observe the rules of international humanitarian law affording special protection to children” and invited National Red Cross and Red Crescent Societies “to do everything possible to protect children during armed conflicts, particularly by ensuring that their basic needs are met”. 
International Red Cross and Red Crescent Movement, Council of Delegates, Budapest Session, 28–30 November 1991, Res. 14, §§ 1 and 3.
ICRC
In 1994, in a Memorandum on Respect for International Humanitarian Law in Angola, the ICRC stated: “Children and adolescents shall be granted favoured treatment at all times.” 
ICRC, Memorandum on Respect for International Humanitarian Law in Angola, 8 June 1994, § I, IRRC, No. 320, 1997, p. 503.
International Federation of Red Cross and Red Crescent Societies
In 1994, in a joint statement, the ICRC, the International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF reaffirmed that they “will continue to do their utmost to improve protection, medical and social conditions … so that the safety and the welfare of [unaccompanied] children can be ensured”. 
ICRC, International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF, Joint statement on the evacuation of unaccompanied children from Rwanda, 27 June 1994, § 4.
ICRC
In 1994, in a joint statement, the ICRC, the International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF reaffirmed that they “will continue to do their utmost to improve protection, medical and social conditions … so that the safety and the welfare of [unaccompanied] children can be ensured”. 
ICRC, International Federation of Red Cross and Red Crescent Societies, UNHCR and UNICEF, Joint statement on the evacuation of unaccompanied children from Rwanda, 27 June 1994, § 4.
Council of Delegates (1995)
At its Geneva Session in 1995, the Council of Delegates adopted a resolution on children in armed conflicts which recognized that “the 1949 Geneva Conventions and the 1977 Additional Protocols, as well as Articles 38 and 39 of the 1989 United Nations Convention on the Rights of the Child, accord children special protection and treatment”. The resolution also endorsed the Plan of Action for the Red Cross and Red Crescent Movement which aimed “to take concrete action to protect and assist child victims of armed conflicts”. 
International Red Cross and Red Crescent Movement, Council of Delegates, Geneva Session, 1–2 December 1995, Res. 5, preamble and § 2.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “Every child has the right to the measures of protection required by his or her condition as a minor and shall be provided with the care and aid the child requires.” 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 10, IRRC, No. 282, p. 334.
DRC Pledge of Commitment
In 2008, the armed groups party to the DRC Pledge of Commitment, “deeply deploring the insecurity that has prevailed for a long time in the province of North Kivu, causing massive displacements of populations and enormous suffering of civilians as well as massive violations of human rights”, made a commitment to strictly observe “rules of international humanitarian law and human rights law, notably … [to] halt acts of violence, abuse, discrimination and exclusion, in any form … and in particular against … children; … [and] [to ensure the] promotion of children’s rights in conflict or post-conflict zones.”  
Acte d’engagement signé par le CNDP-Mouvement Politico-Militaire, la PARECO/FAP, les Mai-Mai Kasindien, les Mai-Mai Kifuafua, les Mai-Mai Vurondo, les Mai-Mai Mongol, l’UJPS, les Mai-Mai Rwenzori et le Simba avec l’engagement solennel des Représentants de la Communauté Internationale, facilitateurs du présent acte d’engagement – les Nations-Unies, la Conférence Internationale sur la Région des Grands Lacs, les Etats-Unis d’Amérique, l’Union Africaine, l’Union Européenne et le Gouvernement (Pledge of Commitment signed by the CNDP-Mouvement Politico-Militaire, PARECO/FAP, Mai-Mai Kasindien, Mai-Mai Kifuafua, Mai-Mai Vurondo, Mai-Mai Mongol, UJPS, Mai-Mai Rwenzori and Simba with the solemn commitment of the representatives of the international community, facilitators of this pledge of commitment – the United Nations, the International Conference on the Great Lakes Region, the United States of America, the European Union and the Government), Goma, 23 January 2008, Preamble and Article III, §§ 1–5.