Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English stronger legal protection for children in the context of armed conflict. The law further stipulates that a child is anyone under the age of 18 and recognises the fundamental and unconditional right of a child to be registered at birth.49 International humanitarian law and international criminal law 36. International humanitarian law also prohibits discrimination based on sex and gender50 as well as sexual and gender-based violence, including rape, when they take place in the context of armed conflict.51 Sexual and gender-based violence may also amount to other prohibited acts under international humanitarian law, such as attacks directed at civilians,52 arbitrary detention,53 forced labour,54 sexual slavery,55 and torture, cruel, inhuman or degrading treatment.56 The rules of international humanitarian law apply equally to State armed forces and non-state armed groups that are parties to a noninternational armed conflict.57 In the context of Myanmar, the parties to non-international armed conflicts include Myanmar’s armed forces, particularly the Tatmadaw, and several armed groups, including ethnic armed organizations (EAOs). 37. International humanitarian law also regulates how parties to armed conflict, including EAOs, prosecute suspects of conflict-related sexual and gender-based violence. This includes affording detainees due process and fair trial rights before regularly constituted courts under Common Article 3 of the four Geneva Conventions applicable to situations of non-international armed conflict.58 38. Although courts and trials administered by non-State armed groups may not be regarded as lawful or legitimate by the State on whose territory they are administered, such courts and trials must comply with the applicable rules of international humanitarian law. 59 While the Mission recognizes the challenges that due process obligations can pose to nonState armed groups that do not have access to the full resources of a government and its justice system, the Mission also notes that the due process rules of international humanitarian law are non-derogable and many of the obligations do not require significant resources. 39. Additionally, while many provisions of international humanitarian law do not cover a party’s treatment toward its own members, this is not the case for Common Article 3, which provides broad protections to “Persons taking no active part in the hostilities, 49 50 51 52 53 54 55 56 57 58 59 10 “Child Rights Act (Pyidaungsu Hluttaw Law No. 22 of 2019). See: https://www.unicef.org/myanmar/press-releases/enactment-new-child-rights-law-governmentmyanmar-landmark-step-unicef. At the time of writing, the Law had not yet been translated into English. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 88 (non-discrimination). See Common art. 3 of the Geneva Conventions (prohibiting “violence to life and person” including cruel treatment and torture and “outrages upon personal dignity”), and ICRC/Customary IHL, rule 93 (rape and other forms of sexual violence). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 1 (principles of distinction between civilians and combatants). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 99 (deprivation of liberty). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rules 95 (forced labour), See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 94 (slavery and slave trade). See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 90 (torture or cruel, inhumane or degrading treatment). Common Article 3 Common Article 3(1)(d). See, Jean-Marie Henckaerts, eds., Commentary on the First Geneva Convention: Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the Field, International Committee of the Red Cross, 15 December 2016, Commentary to Article 3, paras. 689-691.