A/HRC/21/38
74.
States should further begin to accord priority to the implementation of
relevant recommendations by the Working Group on the Universal Periodic Review
with the assistance of the international community, wherever it is needed.
C.
Human Rights Council
75.
The Human Rights Council is encouraged, when considering or adopting
resolutions on country-specific situations or thematic issues, to include therein
recommendations on, or references to, the protection of children affected by armed
conflict. It is also encouraged to act as a complementary follow-up mechanism to
assess the implementation of the observations and recommendations of the
Committee on the Rights of the Child, particularly with regard to the parties to
conflict in all situations of concern addressed in the annual report of the SecretaryGeneral (A/66/782-S/2012/261).
76.
Member States bear a central and immediate political, legal and moral
responsibility for the protection of children and should comply with international
law for the protection of children within their territories. The Rome Statute defined
the recruitment and use of children in armed forces or armed groups as a war crime.
Member States should enact the appropriate legislation to criminalize these violations
and hold adult recruiters to account, including military commanders and political
leaders, for both the crime of child recruitment and for the crimes that they forced
children to commit. They should also take action against other grave violations
against children through their national justice systems, including by bringing their
laws into line with international obligations and by according priority to child
protection capacity and training for the military, the police and law enforcement
and judiciary officials in the context of national security sector reform efforts.
77.
Member States should continue to insist that parties listed in the annexes to
the report of the Secretary-General on the recruitment and use of children, killing
and maiming of children, and/or rape and other sexual violence against children, in
addition to attacks against schools and hospitals (see annexes I and II to the present
report), in contravention of applicable international law, prepare and implement
specific time-bound action plans to halt those violations and abuses, and take
punitive measures against any parties that fail to comply.
78.
Lastly, the Special Representative urges all special procedures mandate
holders, during their missions and in their reports and recommendations, to take
into account the challenges faced by children insofar as they are relevant to their
respective mandates, and to bring those concerns to her attention.
D.
Accountability of perpetrators
79.
International and national courts should continue to investigate, prosecute and
sentence perpetrators of the crime of recruitment and use of children. Courts are
encouraged to use and build on the jurisprudence arising from the judgement handed
down by the International Criminal Court in the Lubanga case and to be guided by the
Court’s legal interpretations of the terms “conscription and enlistment of children”
and “using them to participate actively in hostilities”.
17
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