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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, ...
... 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
[
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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
[
go to this ARTICLE
]
... 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
. ...
... 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: ...
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
. ...
ARTICLE-8
[
go to this ARTICLE
]
... 1. Each
State Party
shall, within two
years
following the
entry into force
of the present
Protocol
for that
State Party
, submit a
report
to the
Committee
on the
Rights
of the
Child
providing comprehensive
information
on the
measures
it has taken to
implement
the
provisions
of the
Protocol
,
including
the
measures
taken to
implement
the
provisions
on
participation
and
recruitment
. ...
... 2. Following the submission of the comprehensive
report
, each
State Party
shall
include
in the
reports
it submits to the
Committee
on the
Rights
of the
Child
, in
accordance
with
article
44 of the
Convention
, any further
information
with
respect
to the
implementation
of the
Protocol
. Other
States Parties
to the
Protocol
shall submit a
report
every five
years
. ...
ARTICLE-11
[
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]
... 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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