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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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armed
[
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PREAMBLE
[
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]
... Disturbed by the
harmful
and widespread
impact
of
armed conflict
on
children
and the long-
term
consequences
it has for durable
peace
,
security
and
development
, ...
... Condemning the targeting of
children
in
situations
of
armed conflict
and direct
attacks
on
objects
protected
under
international law
,
including
places
that generally have a
significant
presence
of
children
, such as
schools
and
hospitals
, ...
... 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
, ...
... Considering therefore that to strengthen further the
implementation
of
rights
recognized in the
Convention on the Rights of the Child
there is a need to
increase
the
protection of children
from involvement in
armed conflict
, ...
... 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
, ...
... Welcoming the
unanimous
adoption
, in June 1999, of
International Labour Organization Convention
No. 182 on the
Prohibition
and
Immediate Action for the Elimination of the Worst Forms of Child Labour
, which
prohibits
,
inter alia
, forced or
compulsory
recruitment
of
children
for use in
armed conflict
, ...
... Condemning with the gravest
concern
the
recruitment
,
training
and use within and across
national
borders
of
children
in
hostilities
by
armed
groups
distinct from the
armed forces
of a
State
, and recognizing the
responsibility
of those who
recruit
, train and use
children
in this
regard
, ...
... Condemning with the gravest
concern
the
recruitment
,
training
and use within and across
national
borders
of
children
in
hostilities
by
armed
groups
distinct from the
armed forces
of a
State
, and recognizing the
responsibility
of those who
recruit
, train and use
children
in this
regard
, ...
... Recalling the
obligation
of each
party
to an
armed conflict
to abide by the
provisions
of
international
humanitarian law
, ...
... Bearing in
mind
that
conditions
of
peace
and
security
based on
full
respect
of the
purposes
and
principles
contained in the
Charter
and
observance
of applicable
human rights
instruments
are indispensable for the
full
protection of children
, in particular during
armed conflicts
and
foreign
occupation
, ...
... Mindful of the necessity of taking into
consideration
the
economic
,
social
and
political
root causes
of the involvement of
children
in
armed conflicts
, ...
... Convinced of the need to strengthen
international cooperation
in the
implementation
of the present
Protocol
, as well as the
physical
and psychosocial
rehabilitation
and
social reintegration
of
children
who are
victims
of
armed conflict
, ...
ARTICLE-1
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]
...
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
[
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]
...
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
. ...
... 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: ...
... 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
. ...
... 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
. ...
... 3. The
application
of the present
article
shall not
affect
the
legal status
of any
party
to an
armed conflict
. ...
ARTICLE-11
[
go to this ARTICLE
]
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
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