A/HRC/39/49
para. 22). In Australia, children as young as 14 years old could face revocation of their
citizenship for accused terrorism offences.25
53.
Some States have adopted measures to prevent children from travelling abroad to
join terrorist groups. However, some of these measures also seem punitive in nature. For
instance, in Denmark, authorities may confiscate minors’ passports and refuse to issue new
ones unless the parents agree. In the Netherlands, the Child Care and Protection Board may
impose family supervision, custody in childcare institutions, curfews and confiscation of
identity documents of aspiring teenage combatants and children whose parents intend to
travel to a conflict zone. 26 Thus, it is essential that States adopt the most appropriate
measures that seek protection, and not punishment, of children and their families.
IV. Conclusions and recommendations
General recommendations
54.
The Working Group urges Member States to criminalize in national legislation
the recruitment and use of children under the age of 18 years in armed conflict. It
stresses the importance of investigating, prosecuting and sanctioning those responsible
for such crimes at the national level, and providing a remedy to victims of violations
committed by all persons and entities within its jurisdiction. The Working Group calls
upon Member States to support international efforts in this respect as well.
55.
The Working Group urges all Member States that have jurisdiction over
private military and security companies that recruit children to put an end to their
cooperation with such companies and to prosecute those responsible for such
recruitment. Additionally, it recommends that States end any cooperation with or
support for any non-State armed groups that recruit and use children in armed
conflict.
56.
The Working Group urges Member States to treat children allegedly associated
with non-State armed groups primarily as victims and to respect the special
protections that international law accords children.
57.
The Working Group stresses that States should set a minimum age of criminal
responsibility below which a child cannot be found to have the capacity to engage in
criminal conduct. When children have committed crimes during their association with
armed groups, the best interests of the child should remain a primary consideration.
This means that judicial proceedings should be undertaken as a last resort, the child
should be tried in a juvenile justice system, the privacy of the child should be
respected, the child should be able to participate effectively in the proceedings and
sentences should be rehabilitative rather than punitive.
58.
The Working Group is concerned about the current punitive approach taken
by some States to children associated with armed groups and reminds all States of
their legal obligation to uphold the principle of the best interests of the child. With
regard to the use of detention against children for their alleged association with armed
groups, the Working Group is of the view that detention of children should be used
only as a last resort in compliance with international juvenile justice standards.
59.
The Working Group stresses that responses to the phenomenon of the
recruitment and use of children in armed conflict should focus on the separation,
rehabilitation and reintegration of children. States should address root causes that
foster child recruitment into armed conflicts and take preventive, not punitive,
measures aimed at protecting children from being recruited into armed conflict.
25
26
14
Francesca Capone, “‘Worse’ than child soldiers? A critical analysis of foreign children in the ranks of
ISIL”, International Criminal Law Review, vol. 17, No. 1 (2017), pp. 161–185.
Ibid.
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