A/HRC/12/49 page 13 45. Two bedrock standards of international humanitarian law are the principles of “distinction” and “proportionality”. They are universally accepted, enshrined in international law, and apply to State and non-State actors in all armed conflicts. These principles aim to protect civilians against the effect of hostilities and prevent unnecessary “collateral damage” resulting from military action. However, both these cornerstone elements of international law are being challenged by new types of military action, with major consequences for children. It is crucial that the international community reaffirm the principles of international humanitarian law and that military forces around the world, along with armed groups, adhere to those principles which have been developed over the centuries for the protection of women and children. Attacks on schools 46. The deliberate targeting of schools is prohibited under international law, and can amount to a war crime. Schools are civilian institutions that often provide shelter and tend to the needs of children during conflict. The core humanitarian legal principle of “distinction” demands that civilian objects, including schools, must be protected against the consequences of military operations. Furthermore, humanitarian law makes clear that if in the “fog of war” there is a doubt whether a school or hospital is a military or civilian object, the presumption that must be made is that a building normally dedicated to civilian purposes remains a civilian object. 47. The escalation in the number of systematic and deliberate attacks on schoolchildren, teachers and school buildings is alarming, as these attacks not only damage property and cause harm to students and teachers, but they also incite fear and limit access to education services by children. Particularly disturbing is the targeting of girl students and girls’ schools, such as in Afghanistan, warranting the increased attention of, and action by the international community. 48. In the recent conflict in Gaza and southern Israel, many schools were damaged or destroyed by aerial bombardment, rocket fire and long-distance artillery. Some of these schools were schools administered by the United Nations Relief and Works Agency for Palestine Refugees in the Near East. Accountability for acts committed by children during armed conflict 49. The accountability for acts committed by children during armed conflict has recently been brought to light through the case of Omar Kadr, who faces charges of war crimes before the United States military commission for alleged offences committed at age 15 in Afghanistan, purportedly as a child soldier. In the Sudan, following its armed attack on Khartoum, a 17-year-old child associated with the Justice and Equality Movement was tried and sentenced to death by special counter-terrorism courts created after the event. Based on the current practice of ad hoc tribunals, the Special Court for Sierra Leone and the International Criminal Court, there is an emerging consensus that children below the age of 18 should not be prosecuted for war crimes and crimes against humanity by international courts. 50. International law recognizes the need to provide children with special protection because of their particular vulnerability, and considers children’s immaturity if they commit offences during armed conflict. In addition, international law prohibits the imposition of the death penalty for any offences committed by children under the age of 18 years. Children should be considered primarily as victims, and decisions whether to prosecute a child must be guided by the principle