A/HRC/18/38 general view is that non-judicial mechanisms can provide more immediate accountability, enable community reconciliation, provide reparation for losses and damages, and allow children to move on with their lives. Nevertheless, there are significant challenges to the effective participation of children, such as the limits and focus of the mandate, the financial and human resources available, the expectations raised and disappointment with outcomes, and the need to secure long-term political support. 28. In some countries, traditional justice mechanisms are commonly used to resolve disputes and feuds between families and clans and to bring about settlement and reconciliation. For many children in these countries, traditional justice may be the only readily accessible form of justice, meaningful to their families and communities. As with all other forms of justice, however, there are limitations, particularly in the aftermath of armed conflict. Traditional justice relies on oral tradition and customary practice, which can be lost as a result of displacement, dissipation of collective memory and loss of traditional authority in times of breakdown of social structures. In addition, traditional authority often resides with the elder males of the community. This patriarchal structure does not always take into account or reflect children’s rights, and especially the rights of girls and their need for protection. C. Accountability of children involved in armed conflict 29. Although the general view is that children who are associated with an armed force or armed group should not be prosecuted but rather be treated primarily as victims, some children may, nevertheless, be detained and face prosecution before a national court. When determining whether to prosecute children, States should take into account the Principles and Guidelines on Children Associated with Armed Groups, which stipulate that the purpose of any sanction imposed on a child accused of international crimes committed during association with armed groups should be to promote the child’s rehabilitation and reintegration into the community, not to punish it. Prosecution of children for crimes arising from active participation in hostilities in a criminal court should be a matter of last resort. 30. Placing children in detention without access to the important procedural safeguards and guarantees to which they are entitled in international human rights law can expose children to human rights abuses. The international framework on juvenile justice provides a very detailed set of standards that are applicable to children who are deprived of their liberty. According to article 37(c) of the Convention on the Rights of the Child, every child deprived of liberty should be treated with humanity and respect for inherent dignity of the human person and in a manner that takes into account the needs of persons of his or her age. All disciplinary measures involving cruel, inhumane or degrading treatment, including corporal punishment, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health of the child, are strictly prohibited. In addition, children should always be kept separately from adult prisoners, and detention should last for the shortest period possible. 31. In a number of countries, truth and reconciliation commissions have been put in place as an alternative to prosecution and judicial trial for children accused of committing international crimes. Any such commission needs to take into consideration the prevailing view that child soldiers should be regarded primarily as victims rather than as perpetrators, and that the child’s best interests should be the primary concern. This does not mean that atrocities committed by child soldiers should be ignored or that the truth about their acts should not be established. However, commissions operate at their best for children when the purpose is to establish the truth rather than to make a finding of guilt or responsibility on the part of the child. 8 GE.11-15092