A/HRC/43/CRP.6 committed to take all feasible measures to ensure that persons who have not attained the age of 18 years do not take direct part in hostilities. 12 18. The Convention requires that in all circumstances, the best interest of the child should be a primary consideration.13 The Convention expands the protection afforded to children in armed conflict and obliges State parties to take all feasible measures to ensure protection and care of children in accordance with their obligations under international humanitarian law. The Convention further provides legally binding protections in respect to children’s civil, cultural, economic and political rights. International criminal law 19. To determine whether parties to the conflict perpetrated war crimes, the Commission referred to violations of treaty obligations of the Syrian Arab Republic, in particular Article 3 Common to the Four Geneva Conventions, as well as other serious violations of international humanitarian law which are considered to entail individual criminal responsibility under customary international law, including during a non-international armed conflict.14 Customary international criminal law is applicable to all individuals taking part in hostilities. 20. To determine whether parties to the conflict committed crimes against humanity, the Commission conducted its analysis on the basis of article 7 of the Rome Statute of the International Criminal Court, which largely codifies customary international criminal law. III. Violations of children’s rights A. Killing and injuring of children “I realized that my brother was shot in the head and neck. I witnessed how his soul left his body.” Boy, al Houla, witness to the execution of his entire family, 2012 21. Children’s right to life has been blatantly denied by all parties to the conflict. 15 Over the years, the Commission documented attacks countrywide resulting in staggering numbers of girls and boys being killed, maimed and wounded under the most brutal of circumstances. Pro- Government forces16 22. In the early days of the conflict, children were killed and injured during protests and home raids carried out by Government forces, as part of military ground operations aiming to re-take areas and arrest individuals supporting, or perceived to be supporting, opposition groups. When Government forces moved into towns and villages, usually following shelling, snipers were often positioned on the roofs of residential houses, schools, hospitals or at other raised positions. Numerous accounts collected by the Commission indicate that children as 12 13 14 15 16 Protocol further states that non-state armed groups should not recruit or use children in hostilities under the age of 18 under any circumstances. Ibid., at art. 1. See supra note 10, at art. 3. See also generally General Comment No. 14 (2013) on art. 3 para.1 of the Convention on the Rights of the Child on the right of the child to have his or her best interests taken as a primary consideration. See e.g. International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Duško Tadić, Appeals Chamber, Interlocutory Appeal, paras. 96-134. See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law, 2005, Volume I: Rules [hereinafter “ICRC Rule”], Rule 135 noting that “Children affected by armed conflict are entitled to special respect and protection.” See also International Covenant on Economic, Social and Cultural Rights (ICCPR), art. 6 (1). “Pro-Government forces” denotes Syrian forces, Russian forces, and/or militia members affiliated with the Government of the Syrian Arab Republic. “Government forces” denotes forces of the Syrian Arab Republic alone. 7