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Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
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PREAMBLE
[
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]
... Noting the
adoption
of the
Rome
Statute
of the
International
Criminal
Court
, in particular, the inclusion therein as a
war crime
, of conscripting or enlisting
children
under the
age
of 15
years
or using them to
participate
actively in
hostilities
in both
international
and non-
international
armed conflicts
, ...
... Noting that
article
1 of the
Convention on the Rights of the Child
specifies that, for the
purposes
of that
Convention
, a
child
means every
human being
below the
age
of 18
years
unless, under the
law
applicable to the
child
,
majority
is attained earlier, ...
... Convinced that an optional
protocol
to the
Convention
that raises the
age
of possible
recruitment
of
persons
into
armed forces
and their
participation
in
hostilities
will
contribute
effectively to the
implementation
of the
principle
that the best
interests
of the
child
are to be a primary
consideration
in all
actions
concerning
children
, ...
... Noting that the twenty-sixth
International
Conference
of the
Red Cross
and
Red Crescent
in December 1995 recommended,
inter alia
, that
parties
to
conflict
take every feasible
step
to ensure that
children
below the
age
of 18
years
do not take part in
hostilities
, ...
ARTICLE-1
[
go to this ARTICLE
]
...
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
. ...
ARTICLE-2
[
go to this ARTICLE
]
...
States Parties
shall ensure that
persons
who have not attained the
age
of 18
years
are not compulsorily
recruited
into their
armed forces
. ...
ARTICLE-3
[
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]
... 1.
States Parties
shall raise the
minimum age
for the
voluntary
recruitment
of
persons
into their
national
armed forces
from that set out in
article
38, paragraph 3, of the
Convention on the Rights of the Child
, taking
account
of the
principles
contained in that
article
and recognizing that under the
Convention
persons
under the
age
of 18
years
are entitled to
special protection
. ...
... 1.
States Parties
shall raise the
minimum age
for the
voluntary
recruitment
of
persons
into their
national
armed forces
from that set out in
article
38, paragraph 3, of the
Convention on the Rights of the Child
, taking
account
of the
principles
contained in that
article
and recognizing that under the
Convention
persons
under the
age
of 18
years
are entitled to
special protection
. ...
... 2. Each
State Party
shall deposit a
binding
declaration
upon
ratification
of or
accession
to the present
Protocol
that sets forth the
minimum age
at which it will
permit
voluntary
recruitment
into its
national
armed forces
and a
description
of the
safeguards
it has
adopted
to ensure that such
recruitment
is not forced or coerced. ...
... 3.
States Parties
that
permit
voluntary
recruitment
into their
national
armed forces
under the
age
of 18
years
shall maintain
safeguards
to ensure, as a
minimum
, that: ...
... (d) Such
persons
provide reliable
proof
of
age
prior
to
acceptance
into
national
military service
. ...
... 5. The
requirement
to raise the
age
in paragraph 1 of the present
article
does not apply to
schools
operated by or under the
control
of the
armed forces
of the
States Parties
, in keeping with
articles
28 and 29 of the
Convention on the Rights of the Child
. ...
ARTICLE-4
[
go to this ARTICLE
]
... 1.
Armed
groups
that are distinct from the
armed forces
of a
State
should not, under any
circumstances
,
recruit
or use in
hostilities
persons
under the
age
of 18
years
. ...
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