A/HRC/30/61 the conflict, as did reports of recruitment of children under the age of 15. It also gathered information on child recruitment by the Tamil Makkal Viduthalai Pulikal (TMVP)/Karuna Group after its split from LTTE in 2004. Recruitment of children is a violation of the Convention on the Rights of the Child and the Optional Protocol thereto on the involvement of children in armed conflict, and could also constitute a war crime if proven in a court of law. 41. On the basis of the information gathered by the investigation team, there are reasonable grounds to believe that government security forces may have known that the Karuna Group recruited children in areas under its control. This indicates that the Government may also have violated the Convention on the Rights of the Child and the Optional Protocol thereto on the involvement of children in armed conflict to which it is a party, in particular to ensure the protection and care of children affected by armed conflict. The High Commissioner also notes the State’s failure to date to prosecute those responsible, including individuals widely suspected of child recruitment, some of whom have since been appointed to public positions. H. Impact of hostilities on civilians and civilian objects 42. On the basis of the information in the possession of the investigation team, there are reasonable grounds to believe that many of the attacks reviewed in the present report did not comply with the principles on the conduct of hostilities, notably the principle of distinction. 43. While it may have been permissible for the security forces to target any military objective located in the no-fire zones declared by the Government, these attacks were subject to the rules on conduct of hostilities, including the obligation to take all feasible precaution to avoid or to minimize incidental loss of civilian lives or damage to civilian objects. The presence of large numbers of civilians, including many children, some of them living in flimsy shelters without access to bunkers, constituted an obvious risk that substantial loss of civilian lives and damage to civilian objects in the no-fire zones might ensue as a result of an attack. 44. The investigation team recognized the complexities inherent in conducting military operations against legitimate military targets in or near densely populated areas. Nevertheless, the presence of LTTE cadres participating in hostilities from within the predominantly civilian population did not change the character of the population, nor did it affect the protection that should be afforded to civilians under international humanitarian law. It is important to recall that the obligations of a party to an armed conflict under international humanitarian law are not conditioned on reciprocity. Violations attributable to one of the parties do not justify lack of compliance on the part of the other. While the investigation was not conclusive on the proportionality assessment for each of the incidents reviewed in the present report, the team believes that this matter should be investigated. 45. The team noted with grave concerns the repeated shelling of hospitals in the Vanni. Hospitals and other medical units and personnel enjoy special protection under international humanitarian law, and cannot be made the object of attack. The protection they should enjoy does not cease unless these are used to commit hostile acts, outside their humanitarian function. The recurrence of such shelling despite the fact that the security forces were aware of the exact location of hospitals raises serious doubt that these attacks were accidental. Other civilian facilities in the no-fire zones, in particular humanitarian facilities and food distribution centres, were also affected. The information available to the team indicated that in none of the incidents reviewed were there any grounds that could have reasonably led the security forces to determine that the facilities were being used for 9

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