A/HRC/40/49
that can help to mitigate or reduce children’s vulnerability. Considering a lack of
accountability for child abduction, particularly in terms of investigation, arrests and
prosecution by national authorities, there is also a need to provide guidance to practitioners
for possible advocacy and policy initiatives in that regard. The Office of the Special
Representative is thus working on developing a guidance note for practitioners in the field
on monitoring, ending, preventing and responding to child abduction in situations of armed
conflict. It is expected that it will be published in 2019 and will also shine a light on the
protection challenges posed by cross-border abduction and the measures that can be taken
at subregional levels to respond to and prevent them.
B.
Children of or recruited as foreign fighters
13.
The recruitment and use of children by parties to conflict is not a new phenomenon
and non-State armed groups using violent extremist tactics are by no means the only ones
committing such violations. However, child recruitment and use by those groups raises new
challenges from a child protection perspective and the situation is compounded by the
transnational nature of violent extremism, which has favoured the emergence of
transnational recruitment and the involvement of children in the phenomenon of foreign
fighters.
14.
It is estimated that since 2011, between 30,000 and 42,000 foreign fighters from
some 120 countries have travelled to Iraq and the Syrian Arab Republic to join groups
affiliated to ISIL or Al-Qaida. By November 2017, nearly 7,000 foreign fighters were
believed to have died on the battlefield and at least 14,910 were reported to have left
conflict zones, with some 6,800 returning to their home countries. Those numbers include a
significant proportion of children. Given the expanding reach and propaganda of such
groups, child recruitment and use have not been limited to conflict-ridden areas. Increasing
numbers of children crossed borders either on their own or with their families to areas
controlled by groups using extreme violence. Children were also abducted by those groups
and forced to cross borders during their association. Data collected between 2015 and 2016
in the framework of the United Nations Office on Drugs and Crime (UNODC) Handbook
on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: the Role
of the Justice System showed that among 89 children who died in hostilities were nationals
not only of Iraq and the Syrian Arab Republic, but also of Australia, France, Lebanon,
Libya, Morocco, Nigeria, Saudi Arabia, the Sudan, Tajikistan, Tunisia, the United
Kingdom of Great Britain and Northern Ireland and Yemen. Those figures did not include
children taken to ISIL territory by their families.
15.
Children of or recruited as foreign fighters are not only victims of use, killing,
maiming, enslavement, sexual exploitation, constant fear, indoctrination and psychological
pressure, but also witnesses to and/or alleged perpetrators of violations. Violence has a
severe impact on the physical and mental well-being of those children. That is not limited
to children in areas of conflict, it also applies to children returning from those areas,
whether they travelled on their own or were taken there by adults, either voluntarily or not.
16.
Governments faced with armed groups whose strategies include inflicting maximum
suffering on civilians may be tempted to apply different legal standards from those applying
to such acts. Particularly in contexts where Governments are engaged in operations to
counter violent extremism, it is more important than ever to ensure they are carried out in
full compliance with international humanitarian, human rights and refugee law. Failure to
abide by those obligations only worsens the suffering of the civilian population and can
have the unintended consequence of creating or adding to real or perceived grievances in
the affected population. Moreover, when responding to extreme violence, Member States
should ensure that their rules of engagement take into account the fact that a large number
of children are associated with such groups and may have been placed on the front line,
either to engage in combat or as human shields.
17.
The Special Representative continues to remind Member States that all children
associated with parties to conflict and encountered in security operations should be treated
primarily as victims rather than as security threats. Children who have been abducted,
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