The Optional Protocol to the Convention on the Rights of the Child differentiates between States and non-State armed groups in setting the age-limit for recruitment and use in hostilities. In both IACs and NIACs, these terms (“direct participation” and “participation”) are understood more broadly than the term “ direct participation in hostilities ” as it is used in the language of the rule governing the conduct of hostilities which deprives civilians from protection against attacks.Īrticle 38(3) of the Convention on the Rights of the Child prohibiting the recruitment of children below the age of 15 is similarly interpreted as banning voluntary enlistment of such children and, hence, completely outlawing child soldiers. In international armed conflicts, the prohibition covers direct participation in hostilities, while in non-international armed conflicts, it covers any type of participation in hostilities.
The bans on recruitmentof children below the age of 15 enshrined in Article 77 of Additional Protocol I, and in Article 4 of Additional Protocol II are also considered to prohibit accepting voluntary enlistment ( P I, Art. The prohibition is applicable in both international and non-international armed conflicts.
IHL prohibits the recruitment and use of children in hostilities.
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