A/HRC/21/50 65. Active participation in hostilities does not solely denote children‘s direct participation in combat but encompasses activities linked to combat such as scouting, spying, sabotage, and the use of children as decoys, couriers, or at military checkpoints. Also prohibited is the use of children in ―direct‖ support functions such as carrying supplies to the front line. 66. The commission notes that international law requires that child detainees must be separated from adults, unless to do so would involve a violation of the right of families to be housed together. The requirement to incarcerate child and adult detainees separately is set forth in the CRC.64 H. Pillaging 67. By definition pillage (or plunder) is theft within the context of, and in connection with, an armed conflict. Under the Rome Statute, pillage is ―the forcible taking of private property by an invading or conquering army from the enemy‘s subjects‖. 65 The Elements of Crimes of the ICC specify that the appropriation must be done for private or personal use. The prohibition of pillage is a long-standing rule of customary and treaty-based international law. It constitutes a war crime to pillage a town or place, even when taken by assault. I. Destruction of personal property 68. International human rights law protects an individual‘s home from interference by the State. Article 17 of the ICCPR prohibits arbitrary or unlawful interference with a person‘s home or correspondence. The Human Rights Committee has interpreted this provision to mean that no interference can take place except in cases envisaged by the law, and that law must comport with the objectives of the ICCPR. 66 Article 11 of the ICESCR commits States Parties to providing everyone ―an adequate standard of living for himself and his family, including housing, and to the continuous improvement of living conditions‖. 64 65 66 See CRC Art. 37 (c). Rome Statute, Art. 8 (2) (e) (v). General Comment 16, Art. 3. 59

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