The document discusses the involvement of children in terrorism and armed conflicts, highlighting the recruitment, roles, and abuse they face. It emphasizes the need for international laws to prohibit the recruitment of child soldiers and the importance of rehabilitation for those affected. The challenges posed by global terrorism and the impact of the COVID-19 pandemic on children's safety and rights are also addressed.

1. HUMAN RIGHTS AND COUNTER TERRORISM SERIES
CHILD SOLDIERS

2. The provisions concerning protection of women
in acts of terror would include children also

3. Presentation
by
Maj Gen Nilendra Kumar
Director
Lex Consilium Foundation

4. CHILDREN IN TERROR ACTS
Scope
This presentation primarily focuses on children who
participate in acts of terror. It is not intended for those who
are targeted, or become victims of terror and need care and
protection.

5. PERSONAL SAFETY OF WOMEN IN ARMED
CONFLICTS
Personal safety relates to safety from dangers, acts of violence
or threats against civilians, not or no longer taking a direct
part in hostilities. IHL seeks to ensure the personal safety of
women in armed conflicts, by
1. Regulating methods and means of warfare in order to
protect them from effects of hostilities, or/and
2. Prohibiting specific acts or threats of violence by parties to
armed conflict against civilians or persons who are not or
are no longer taking an active part in hostilities, such as
murder, torture and rape,

6. The notion of protecting the victims, civilians and those
who have surrendered had existed from time immemorial.

7. Middle Ages
ST. AUGUSTINE
The principle of protecting women, children and the aged from hostilities.
ABU BAKR (632 CE)
The blood of women, children and old people shall not stain your victory.

8. Children Participation in War
Ancient & Medieval India is indicated in military history.

10. Take all possible measures to ensure that children below 18 do not take part in hostilities and in particular they shall refrain from recruiting them into armed forces.
AP 1 Art 77 (2)
Art 38
Child Conventions
2020 figures indicate
24,000 grave violations against 19,300children in two situations covered by the UNSC mandate

11. UNITED NATIONS OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS (UNOCHA)
Estimates
Half of children involved with state armed forces and non-state armed
groups worldwide were in Africa, J&K, Chhattisgarh and Jharkhand. 14
year old children were recruited and used by terror groups. There were
cases of forcible recruitment of children, aged 12, to
(a) Handle weapons & improvised explosive device (IEDs)
(b) human shields
(PTI Report during Jun 2020)

12. ADVANTAGES OF USING CHILDREN IN TERROR
1. Easier to recruit and manipulate
2. More agile and flexible
3. Typically obey orders without questions
4. Cheaper than adults
5. Useful when adult fighters not available
6. Tactical advantage
(a) Mine clearer
(b) As cannon fodder

13. ABUSE OF GIRLS
Girls are subjected to other forms of abuse, to rapes and sexual
violence, pregnancy, stigma and rejection by families and communities.

14. DIRECT ROLES ASSIGNED TO CHILDREN IN
ARMED CONFLICTS
1. Undertaking suicide missions
2. Carrying out executions

15. SUBORDINATE ROLES
1. Porters
2. Cooks
3. Informants
4. Messengers
5. Guards (lookout, sentries)

16. EMPLOYED FOR
Warring parties use children not only as fighters, but as scouts, cooks,
porters, guards, messengers and more.

17. WHY CHILDREN AGREE TO JOIN?
1. Some are abducted, threatened, coerced, duped or manipulated by
armed actors.
2. Others are driven by poverty or compelled to generate income for
their familied.
3. Some give in for survival or to protect their communities.

18. HOW PICKED UP
1. Kidnapped
2. Forcefully recruited from refugee camps
3. Setup youth camps for long term use

19. INDIRECT RECRUITING
1. By sympathetic family members.
2. Some are led to believe that membership would help defend their
families.

20. NUMBERS NOT INSIGNIFICANT
Between 2005 and 2020, more than 93,000 children
were verified as recruited and used by parties to
conflict.
-UNICEF

21. SEXUAL VIOLENCE AGAINST WOMEN
ISIS is reported to have recruited young people as fighters from at least 34
countries.
Sexual violence encompasses rape, forced prostitution, sexual slavery, forced
impregnation, forced maternity, forced termination of pregnancy, enforced
sterilization, trafficking, inappropriate medical examinations and strip searches.
When used systematically to torture, injure, extract information, degrade, threaten,
intimidate or punish in relation to an armed conflict, sexual violence can amount to
a method of warfare.

22. ISLAM KHABAR
Boys have featured extensively on ISIS propaganda. Their last will and
testament videos are disseminated as propaganda.

23. NEGATIVE IMPACT OF COVID-19 PANDEMIC
1. Access to education, health and social service impacted.
2. Online avenues became active for radicalization and indoctrination
in violent extremist ideologies.
Indian Foreign Secretary at UNSC
(28 June 2021)

24. CHILDREN IN INDIA
“We are witnessing a worrying and dangerous trend in global terrorism and that is
an increase in the number of children that are being recruited and involved in
terrorism related activities.”
Foreign Secretary HV Shringla at UNSC open debate on Children and Armed
Conflict, 28 June 2021
However, information about efforts made by different states and the union
Government is yet to come in public domain.

25. ABUSE IS WIDESPREAD
58 non- state armed groups and 7 state armed forces were recruiting
and using children in 2017.
-UN estimates

26. Grave Breaches By Child Soldiers
FUNDAMENTAL QUESTION
Whether child soldiers and child participants in an armed conflict
should be tried for war crimes and other acts?

27. ICC STATUTE
Article 8 (b) (xxvi) and (e) (vii)
Prohibits
Conscription or enlisting children below 15 into the national armed
forces or using them to participate actively in hostilities. If done, it is
viewed as a serious violation of laws and customs applicable in IAC
amounting to a serious violation.

28. OPTIONAL PROTOCOL ON INVOLVEMENT OF
CHILDREN IN ARMED CONFLICTS
In 2000, the UN General Assembly adopted above optional protocol to the Convention on the
Rights of the Child. It states:
1. Don’t recruit children below the age of 18 to send them to the battlefield.
2. Don’t conscript soldiers below the age of 18.
3. Legislate to prohibit and criminalize the recruitment of children under 18.
4. Demobilize those below 18 conscripted or used in hostilities. Provide physical, psychological
recovery services and help their social reintegration.
5. Armed groups should also not recruit or use in hostilities anyone under 18.
It entered into force in 2000.

29. DOMINIC ONGWEN
Case brings out the gap in ICC statute whereby a child soldier above the
age of 15 and below 18 is neither a victim and nor a perpetrator of war
crime.

30. UN AGENCIES
1. UNICEF- Reintegration of former child soldiers
2. UNODC-End violence against children programme
3. ILO- Worst forms of Child Labour Convention (No.182)

31. CONCLUSION
Integrated efforts by Member states, humanitarian organizations and
activists for compliance with Child Rights Conventions would contribute
to negate recruitment and employment of child soldiers.