Optional protocol on the involvement of children in armed conflict
Encyclopedia
The United Nations General Assembly
adopted the Optional protocol on the involvement of children in armed conflict
to the Convention on the Rights of the Child
in Annex I of a resolution
(54/263) on 25 May 2000.
The protocol came into force on 12 February 2002.
The protocol requires that ratifying governments ensure that while their armed forces can accept volunteers below the age of 18, they can not be conscripted and "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities". Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose. Currently, 142 states are party to the protocol and another 23 states have signed but not ratified it.
to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977, with an alteration from fifteen years to eighteen years and some other minor modifications. ("The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.")
The ICRC commentary on Protocol I makes clear that it does not require a complete ban on the use of children in conflict. The ICRC had suggested that the Protocol require parties to "take all necessary measures;" however, the final text instead uses the wording "take all feasible measures" which is not a total prohibition on their doing so. Furthermore, refraining from recruiting children under fifteen does not exclude children who volunteer for armed service. During the negotiations over the clause "take a part in hostilities," the word "direct" was added opening up the possibility that child volunteers could be involved indirectly in hostilities, gathering and transmitting military information, helping in the transportation of arms and munitions, provision of supplies, etc.
, which recruits citizens into the army who are under 18, clarified their position in an explanatory memorandum, stating that "whilst Army personnel under the age of 18 may continue to undertake a limited range of duties with resident units in Northern Ireland, they do not participate in activities in direct support of the civil powers; UK military personnel under the age of 18 are not deployed as aircrew; and in line with UN policy, personnel under the age of 18 are not deployed on UN peacekeeping operations".
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
adopted the Optional protocol on the involvement of children in armed conflict
Military use of children
The military use of children takes three distinct forms: children can take direct part in hostilities , or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in...
to the Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
in Annex I of a resolution
United Nations General Assembly Resolution
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.General Assembly resolutions usually require a simple majority to pass...
(54/263) on 25 May 2000.
The protocol came into force on 12 February 2002.
The protocol requires that ratifying governments ensure that while their armed forces can accept volunteers below the age of 18, they can not be conscripted and "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities". Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose. Currently, 142 states are party to the protocol and another 23 states have signed but not ratified it.
ICRC commentary
The sentence "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities" was adapted from Article 77.2 of the Additional Protocol IProtocol I
Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern...
to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977, with an alteration from fifteen years to eighteen years and some other minor modifications. ("The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.")
The ICRC commentary on Protocol I makes clear that it does not require a complete ban on the use of children in conflict. The ICRC had suggested that the Protocol require parties to "take all necessary measures;" however, the final text instead uses the wording "take all feasible measures" which is not a total prohibition on their doing so. Furthermore, refraining from recruiting children under fifteen does not exclude children who volunteer for armed service. During the negotiations over the clause "take a part in hostilities," the word "direct" was added opening up the possibility that child volunteers could be involved indirectly in hostilities, gathering and transmitting military information, helping in the transportation of arms and munitions, provision of supplies, etc.
National responses
The United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which recruits citizens into the army who are under 18, clarified their position in an explanatory memorandum, stating that "whilst Army personnel under the age of 18 may continue to undertake a limited range of duties with resident units in Northern Ireland, they do not participate in activities in direct support of the civil powers; UK military personnel under the age of 18 are not deployed as aircrew; and in line with UN policy, personnel under the age of 18 are not deployed on UN peacekeeping operations".
External links
- The full text of this convention
- List of ratifications
- Guide to the Optional Protocol on the involvement of children in armed conflict UNICEF, Coalition to Stop the Use of Child Soldiers, 2003
See also
- Committee on the Rights of the ChildCommittee on the Rights of the ChildThe Committee on the Rights of the Child is a body of independent experts that monitors and reports on implementation of the United Nations Convention on the Rights of the Child by governments that ratify the Convention...
- List of international instruments relevant to the worst forms of child labour
- Free Children from War conferenceFree Children from War conferenceThe Free Children from War Conference was a conference co-hosted by the French government and UNICEF on 5–6 February 2007 in Paris, France. The goal of the conference was to bring together countries, non-governmental organizations, and international organizations to discuss the issue of child...