On the basis of its legal work and its activities in conflict situations, the International Committee of the Red Cross (ICRC) has concluded that, in the absence of practical implementation measures at the domestic level, accepted rights and obligations are often no more than a dead letter.
Perpetrators, regardless of their position in the chain of command, must be held accountable for acts committed by children during their association with armed forces or armed groups. Unlawful recruitment or use of children in hostilities must be prosecuted. The International Red Cross and Red Crescent Movement promotes the principle that persons under 18 years of age should not participate in hostilities or be recruited into armed forces or armed groups.
Some instruments of international humanitarian law and human rights law address the question of the minimum age of involvement in hostilities. Children affected by armed conflict are, moreover, entitled to special respect and protection. In the event of armed conflict – whether international or non-international – children who are not members of States' armed forces or organized non-State armed groups are entitled to the general protections afforded to civilians against the effects of hostilities, unless and for such time as they directly participate in hostilities. Most suffering endured by children during armed conflict could be prevented or alleviated if there was greater respect for existing international law. Unlawfully recruiting, using or otherwise associating children with armed forces or armed groups has a serious, long-lasting and complex impact on the children, their families and their communities it must be prevented. They are also often separated from their families and denied access to education and other essential services, including health care and psychosocial support. Boys and girls who are unlawfully recruited, used in hostilities or otherwise associated with armed forces or armed groups are especially vulnerable: they are often imprisoned, wounded or killed. They are made victims of, witnesses to and participants in atrocities, including rape and other forms of sexual violence, which they are sometimes forced to perpetrate against their own families and communities. Children suffer immensely in armed conflict.
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