Handbook on Children
Recruited and Exploited
by Terrorist and Violent
Extremist Groups:
The Role of the Justice System
Cover photo: ©iStock.com/pixelprof
Handbook on Children Recruited and
Exploited by Terrorist and Violent
Extremist Groups:
The Role of the Justice System
UNITED NATIONS OFFICE ON DRUGS AND CRIME
Vienna
UNITED NATIONS
Vienna, 2017
© United Nations Oce on Drugs and Crime, 2017
e designations employed and the presentation of material in this publication do not imply the expression of any opinion
whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or
area or of its authorities, or concerning the delimitations of its frontiers or boundaries. Mention of rm names and com-
mercial products does not imply the endorsement of the United Nations.
Publishing production: English, Publishing and Library Section, United Nations Oce at Vienna.
Contents
Acknowledgements ............................................................................................................v
Introduction .......................................................................................................................1
A. Challenges .....................................................................................3
B. e Handbook ..................................................................................4
C. Terminology ...................................................................................7
Chapter 1. Strategies for preventing recruitment of children by terrorist and violent
extremist groups ................................................................................................................9
A. Recruitment and exploitation of children ........................................................10
B. Adopting a holistic approach: preventing violence against children .................................16
C. Preventing recruitment of children by terrorist and violent extremist groups ........................21
Chapter 2. Child victims of recruitment and exploitation: their treatment in the justice system ............39
A. Recognizing as victims children recruited and exploited by terrorist and violent extremist groups ....40
B. Protecting child victims and witnesses during investigations and trials ..............................47
C. e right of child victims to reparation ..........................................................58
Chapter 3. Justice for children accused of terrorism-related oences ..................................................69
A. Specialized juvenile justice system ...............................................................70
B. Pretrial stage ...................................................................................82
C. Trial and sentencing ............................................................................90
D. Children deprived of their liberty ...............................................................97
Chapter 4. Rehabilitation and reintegration of children recruited and exploited by terrorist
and violent extremist groups .......................................................................................... 105
A. Reintegration of children recruited and exploited by terrorist and violent extremist groups .........106
B. Promoting comprehensive reintegration policies and programmes ................................110
C. Demobilization and release ....................................................................121
D. Cross-border cases ............................................................................129
E. Rehabilitation and reintegration as a key purpose of the justice process ............................135
Annex. Relevant international legal framework ........................................................................... 144
Vv
Acknowledgements
e preparation of this Handbook was made possible by the cooperative eorts and invaluable
contributions of several individuals and Governments.
e United Nations Oce on Drugs and Crime (UNODC) wishes to extend its gratitude to the
Member States who contributed to the consultation process. UNODC is grateful to the Chairs of the
regional groups for identifying experts to participate in the expert group meeting on the treatment by
the justice system of children recruited and exploited by terrorist and violent extremist groups, held in
Vienna from 13 to15 December 2016.
UNODC is grateful to the participants of the expert group meeting for their extensive contributions.
In particular, UNODC is most thankful to Carolyn Hamilton for her invaluable background research
and substantive input. e experts who aended the meeting were Mahmood Fadhil Masyab Al
Bayati, Abdelaziz Ahmed Abdalla Alhajri, Jamie Bell, Abderezak Bensalem, Soane Bessadok, Hanae
Boughdad, Hade Boulakras, James Cooke, Valerio de Divitiis, Swen Dornig, Hamza Essaid, Abdoul
Kassim Fomba, Imma Guerras Delgado, Carolyn Hamilton, Ibrahim Jean Etienne, Rose Marie Kerkor,
Kai Li, Carlos Magadán Martínez, Angela McCabe, Rolando Melo Latorre, Tim Molyneux, Naïma
Müller, Rose Oka Oji, Siobhan O’Neil, Reynante Orceo, Alexandra O Müller, Daniel Palmer, Stephen
Ramwell, Guenther Sablanig, Ibrahim Sesay, Dmitry Titov and Renate Winter. e following
UNODC sta members contributed to the meeting: Aldo Lale-Demoz, Valérie Lebaux, George
Puthuppally, Ulrich Garms, Alexandra Martins, Anna Giudice and Giulia Meloi.
e Handbook was wrien by Giulia Meloi, Alexandra Martins, Ulrich Garms and Katharina
Peschke, using as a basis the contributions of the expert group meeting. e production of the
Handbook was guided by: Valérie Lebaux, Chief of the Justice Section, Division of Operations; George
Puthuppally, Chief of Implementation Support Section II (Sub-Saharan Africa) in the Terrorism
Prevention Branch; and Mauro Miedico, Acting Chief of the Terrorism Prevention Branch, Division
for Treaty Aairs.
UNODC is grateful to the following individuals for their comments on and contributions to the dra-
ing of the Handbook: Renate Winter, Stephan Husy, Naïma Müller, Imma Guerras-Delgado, Alexandra
O Müller, Merel Molenkamp, Irina Scheitz, Jessika Soors, Abdoul Kassim Fomba, Rose Marie
Kerkor, James Cooke, Tim Molyneux, Aimee Comrie, Panagiotis Papadimitriou, Anna Giudice, Dayan
Farias Picon, Rouzbeh Moradi and Rohan Sinha.
UNODC is most grateful to the Governments of Austria, Canada, Denmark and Switzerland for
providing the funding to enable the development, translation into Arabic and French, reproduction
and dissemination of this Handbook.
Introduction
In the past few years, the international community has been increasingly confronted with the recruit-
ment and exploitation of children by terrorist and violent extremist groups. Numerous reports have
shed some light on the extent of this disturbing phenomenon.
Estimates indicate that, since 2009, about 8,000 children have been recruited and used by Boko
Haram in Nigeria.
1
According to a report of the United Nations High Commissioner for Human
Rights, some boys have been forced to aack their own families to demonstrate loyalty to Boko Haram,
while girls have been forced to marry, clean, cook and carry equipment and weapons. e Oce of the
United Nations High Commissioner for Human Rights received consistent reports that some boys
and girls were increasingly being used as human shields and to detonate bombs. In May 2015, for
example, a girl about 12 years old was used to detonate a bomb at a bus station in Damaturu, Yobe
State, killing seven people. Similar incidents were reported in Cameroon and the Niger. During aacks
by Boko Haram, abducted boys were used to identify those who refused to join the group, as well as
unmarried women and girls.
2
In 2015 alone, the United Nations veried 274 cases of children having been recruited by Islamic
State in Iraq and the Levant (ISIL) in the Syrian Arab Republic. e United Nations veried the exist-
ence of centres in rural Aleppo, Dayr al-Zawr and rural Raqqah that provided military training to at
least 124 boys between 10 and 15 years of age. Verication of the use of children as foreign ghters has
increased signicantly, with 18 cases involving children as young as 7 years of age. e use of children
as child executioners was reported and appeared in video footage. In Iraq, in two incidents in June and
September 2015, more than 1,000 children were reportedly abducted by ISIL from Mosul district.
3
While the lack of access to areas in conict undercuts the possibility to gather precise data, it is known
that recruited children were used to act as spies and scouts, to transport military supplies and equip-
ment, to conduct patrols, to man checkpoints, to videotape aacks for propaganda purposes and to
plant explosive devices, as well as to actively engage in aacks or combat situations.
4
ese gures are likely to be signicant underestimates because of the limited opportunities to gain
access and monitor violations against children. Child recruitment is also perpetrated by Al-Shabaab in
Kenya and Somalia,
5
by the Movement for Unity and Jihad in West Africa, Ansar Eddine and Al-Qaida
in the Islamic Maghreb in Mali and neighbouring countries and by the Abu Sayyaf Group in the
Philippines,
6
to name a few.
Owing to the expanding reach and propaganda of terrorist and violent extremist groups, child
recruitment and exploitation are in no way limited to conict-ridden areas. More and more children
are travelling from their State of residence to areas controlled by terrorist and violent extremist groups,
in order to join them. ey may travel with their families or by themselves, and obtaining comprehen-
sive data on their participation in hostilities is oen dicult. In the case of ISIL, for instance, informa-
tion oen becomes available only aer the children’s death, when they are eulogized as martyrs and
their country of origin is revealed.
7
Data collected for more than one year, during the period 2015-2016,
concerned 89 children who died in hostilities. ey included not only nationals of Iraq and the Syrian
Arab Republic, but also nationals of Australia, France, Lebanon, Libya, Morocco, Nigeria, Saudi Arabia,
1
Report of the Secretary-General on children and armed conict in Nigeria (S/2017/304), paras. 29 and 30.
2
Report of the United Nations High Commissioner for Human Rights on violations and abuses commied by Boko Haram
and the impact on human rights in the aected countries (A/HRC/30/67), para. 44.
3
Children and armed conict: report of the Secretary-General (A/70/836-S/2016/360), paras. 65, 149 and 150.
4
Report of the Secretary-General on children and armed conict in Iraq (S/2015/852), para. 29.
5
A/70/836-S/2016/360, para. 118.
6
Report of the Secretary-General on children and armed conict in the Philippines (S/2017/294).
7
Mia Bloom, John Horgan and Charlie Winter, “Depictions of children and youth in the Islamic State’s martyrdom propa-
ganda 2015-2016”, CTC Sentinel (February 2016).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
the Sudan, Tajikistan, Tunisia, the United Kingdom of Great Britain and Northern Ireland, and Yemen.
ese gures do not include children taken to ISIL territory by their families.
Finally, children may also be recruited to support the groups, or even carry out aacks, in countries
that are not experiencing armed conict.
A priority on the international agenda
Children who have been recruited and exploited by terrorist and violent extremist groups are victims
of violence at multiple levels. ey are oen victims of extreme violence during their association with
the group; which includes ferocious recruitment methods, enslavement, sexual exploitation, exposure
to constant fear, indoctrination and psychological pressure. ey are oen injured or killed in combat.
At the same time, because of their young age and psychological malleability, such children may become
particularly dangerous instruments of the groups that recruited them, as the children may be used for
commiing criminal oences, including, in certain cases, acts of terrorism, war crimes or crimes
against humanity.
Regardless of the variations of the phenomenon, according to the international legal framework,
the recruitment and exploitation of children by terrorist and violent extremist groups are to be consid-
ered a serious form of violence against children.
While the nature and gravity of violence against those children may vary from case to case, the
short- and long-term implications for both children and society as a whole are severe. e conse-
quences of violence can be devastating. Above all, it can result in early death. But even those children
who survive that ordeal must cope with terrible physical and emotional scars. Indeed, violence places
at risk not only their health, but also their ability to learn and grow into adults who can create sound
families and communities. Furthermore, those children’s association with the groups entails stigmati-
zation and a high risk of becoming victims of violence perpetrated by communities, law enforcement
and military forces and others following the children’s return, demobilization or apprehension.
is phenomenon and its consequences have become a key concern to States and society as a whole
and the need to address the phenomenon through coordinated eorts has been internationally recog-
nized as a priority. States have the primary responsibility to take all measures to prevent and counter
terrorism. At the same time, States hold the primary responsibility for protecting children from vio-
lence, including serious forms of violence such as recruitment and exploitation by terrorist and violent
extremist groups.
e need to promote the safety of children is recognized in the Sustainable Development Agenda as
a precondition of global development. Target 16.2 of the Sustainable Development Goals (General
Assembly resolution 70/1), which calls for puing an end to all forms of violence against children,
including the abuse and exploitation of and tracking in children, serves as a reminder of the crucial
role played by children in the creation of peace, justice and robust institutions.
INTRODUCTION
A. Challenges
Old and new challenges
e use of children in hostilities is not a new phenomenon. Nearly 20 years ago, the report of the expert
of the Secretary-General on the impact of armed conict on children, known as the Machel Report,
8
brought to international aention the extent and consequences of recruitment and use of children by
armed forces and armed groups. Even today, the recruitment of children largely takes place in situations
of conict, though terrorist and violent extremist groups are by no means the only ones perpetrating such
grave violations against children.
e involvement of terrorist and violent extremist groups entails numerous new challenges for
States. First, prevention has become particularly complex, as evidenced by the innovative methods of
propaganda and recruitment employed specically by such groups. is is a primary concern to eorts
to eectively tackle a security threat while, at the same time, limiting the victimization of such children.
Secondly, because of their association with terrorism-related activities, which are classied in
international and national law as serious oences, an increasing number of children come into contact
with national authorities, in particular with justice authorities. In this context, the questions range
from the applicable international legal framework to the legal status of the children and the competent
authorities and procedures to deal with them. Such children are commonly regarded as a security risk
and subsequently exposed to further violations of their rights.
Finally, there is a lack of understanding regarding the rehabilitation and reintegration measures that
can be eective in addressing the particular stigma associated with terrorism, while taking into account
the extreme violence that has always characterized recruitment and exploitation of children. Also in
this context, a key challenge is how to build upon the lessons learned from the reintegration of children
who have been used in conict situations and also address the specic issues related to terrorism.
e underlying concern, which is at the core of the present publication, is how States can preserve
public safety and, at the same time, eectively protect the rights of the child.
The role of the justice system
In order to tackle the very complex and multifaceted phenomenon of children recruited and exploited
by terrorist and violent extremist groups, it is essential to count on the coordinated eorts of a variety
of actors and institutions, from dierent systems. Even if the justice system is not the only system that
has responsibilities in protecting children, its role is crucial.
e justice system is not only essential for ending impunity and ensuring accountability mecha-
nisms, but also instrumental in promoting preventive measures to counter violence against children.
While it is important to note that not all children recruited and exploited by terrorist and violent
extremist groups are in contact with the justice system, oen actors working within that system are the
rst ones to have contact with those children. For this reason, they have an undeniable responsibility
to protect, respect and full children’s rights, to prevent revictimization and to take action to ensure
that other systems (i.e. child protection, health and education) provide suitable responses.
8
Note by the Secretary-General transmiing the report on the impact of armed conict on children (A/51/306 and Add.1).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
B. The Handbook
Objective
is Handbook was developed with a view to providing coherent and consistent guidance to national
authorities on the treatment of children recruited and exploited by terrorist and violent extremist
groups, with emphasis on the role of the justice system.
The role of the United Nations Oce on Drugs and Crime
Based on its long-standing expertise in the areas of violence against children and counter-terrorism
and prompted by an increasing number of requests for technical assistance, the United Nations Oce
on Drugs and Crime (UNODC) has been supporting Member States in their eorts to provide eec-
tive responses to the complex challenges associated with children recruited and exploited by
terrorist and violent extremist groups.
e work of UNODC in the areas of violence against children and counter-terrorism has been
aimed at ensuring that children recruited and exploited by terrorist and violent extremist groups are
beer protected from violence and are treated in accordance with international law. In particular,
UNODC has made eorts to strengthen the capacity of justice systems to achieve this aim, also in
cooperation with relevant institutions and actors from other systems. It recognizes that it is the duty of
States to protect members of society, in particular children, from the threats associated with terrorism and
violent extremism, in accordance with international law, and standards and norms relating to child rights.
UNODC has the mandate to support Member States in ensuring that children are beer served and
protected by justice systems.
9
UNODC aims to ensure the full application of international standards
and norms regarding children in contact with the justice system, whether as alleged oenders, victims
or witnesses. In line with the 2008 guidance note of the Secretary-General on the United Nations
approach to justice for children,
10
UNODC works to ensure that the protection of children is inte-
grated in broader rule of law reform and that children have access to fair, transparent and child-sensitive
justice systems through which their rights can be enforced and protected.
In addition, with the adoption by the General Assembly of the United Nations Model Strategies and
Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and
Criminal Justice (resolution 69/194, annex), UNODC has received the mandate to assist Member States
in implementing measures aimed at preventing and responding to violence against children in the eld of
crime prevention and criminal justice. In particular, it is stated in the Model Strategies and Practical
Measures that the risk of violence associated with tracking in children and various forms of exploitation
by criminal groups should be addressed by specic prevention measures, including measures to prevent
the recruitment, use and victimization of children by criminal groups, terrorist entities or violent extrem-
ist groups (Assembly resolution 69/194, annex, para. 15 (a)).
In the United Nations Global Counter-Terrorism Strategy (General Assembly resolution 60/288),
UNODC is mandated to provide to States, upon request, assistance in developing and maintaining
eective and rule of law-based criminal justice systems. In particular, in its most recent resolution on
the United Nations Global Counter-Terrorism Strategy Review (resolution 70/291), the Assembly
9
e mandate and role of UNODC in providing assistance in the area of justice for children has been rearmed throughout
the years in resolutions of the General Assembly (in particular, resolutions 62/158, 63/241, 65/213 and 69/194), the Economic
and Social Council (in particular, resolutions 2007/23 and 2009/26) and the Human Rights Council (in particular, resolutions
7/29, 10/2 and 18/12).
10
Available at www.unodc.org/.
INTRODUCTION
reiterated that, given their potential status as victims of terrorism and of other violations of international
law, every child alleged as, accused of or recognized as having infringed the law, as well as child victims
and witnesses of crimes, should be treated in a manner consistent with his or her rights, dignity and
needs, in accordance with applicable international law, in particular obligations under the Convention
on the Rights of the Child
11
and urged Member States to take relevant measures to eectively reinte-
grate children formerly associated with armed groups, including terrorist groups. Moreover, the Plan
of Action to Prevent Violent Extremism
12
highlights the importance of preventing the radicalization of
young persons, including children, and their recruitment by violent extremist groups, including terrorist
groups. In the Plan of Action, (para. 52 (f)), the Secretary-General recommended that Member States
ensure that a portion of all funds dedicated to addressing violent extremism are commied to projects
that address young people’s specic needs.
e Economic and Social Council, in its resolution 2016/18 on mainstreaming holistic approaches
in youth crime prevention requested UNODC, in view of its specic mandates in crime prevention
and criminal justice and in terrorism prevention, to continue its work on the prevention of the
recruitment and exploitation of children and youth by any violent criminal group or terrorist group.
e Council, in its resolution 2017/17, recommended to the General Assembly the adoption of a
dra resolution on technical assistance for implementing the international conventions and protocols
related to counter-terrorism. In that dra resolution, the Assembly would request UNODC, through
its Global Programme on Violence against Children, to continue to support requesting Member States,
in accordance with relevant national legislation, in ensuring that children alleged to have, accused of
having or recognized as having infringed the law, particularly those who are deprived of their liberty, as
well as child victims and witnesses of crime, are treated in a manner that observes their rights and
respects their dignity in accordance with applicable international law, in particular according to the
obligations under the Convention on the Rights of the Child, and that relevant measures are taken to
eectively reintegrate children formerly associated with armed groups and terrorist groups.
Multidisciplinary eld of work
e development of the present Handbook required multidisciplinary expertise to tackle issues ranging
from counter-terrorism to child rights and violence against children, as well as an understanding of the
complex international legal framework that should be taken into account.
e elaboration of the Handbook was informed by three key objectives: (a) preventing the recruitment
of children by terrorist and violent extremist groups; (b) identifying eective justice responses to children
recruited and exploited by such groups, whether they are in contact with the justice system as victims,
witnesses or alleged oenders; and (c) promoting the rehabilitation and reintegration of those children.
e analysis and case studies presented are based on the following sources:
• International legal instruments that are relevant to the issue of children recruited and exploited
by terrorist and violent extremist groups. ese are to be found mainly in: international human
rights law; international instruments related to terrorism; international humanitarian law; inter-
national criminal law; and international instruments related to organized crime;
• National legislation of selected countries relevant to child rights, including the juvenile justice
framework, as well as to counter-terrorism, and their interaction;
11
United Nations, Treaty Series, vol. 1577, No. 27531.
12
A/70/674.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
• Promising policies and practices related to prevention; justice measures for child victims; justice
measures for children alleged to have commied oences; reintegration programmes; and moni-
toring and evaluation mechanisms.
e validation of the information collected and of the UNODC approach was pursued through
two consultation processes. e rst one took place in December 2016, when an expert group meet-
ing was held in Vienna and a consultation was carried out with over 30 experts in the areas of counter-
terrorism and child rights, from all regions. e experts contributed views and comments on three
discussion papers outlining the key aspects to be addressed in the Handbook. A second consultation
process with selected experts followed the expert group meeting.
is Handbook targets primarily law- and policymakers and is intended to provide overall guidance
on the implementation of the multilayered international legal framework and on the design of coher-
ent, comprehensive and eective policies for the prevention and treatment of children recruited and
exploited by terrorist and violent extremist groups. At the same time, the Handbook is addressed to
practitioners dealing directly with those children, mainly justice professionals, not only in the areas of
child rights and counter-terrorism, but also in the areas of law enforcement and child protection, as
well as civil society actors.
Structure of the Handbook
e Handbook contains four chapters. Chapters I-IV combine legal guidance on the relevant inter-
national legal framework with operational guidance aimed at identifying eective approaches in the
dierent areas of intervention, overcoming practical challenges and fostering the identication and
promotion of lessons learned. e case studies featured in each chapter are particularly relevant, as
they provide further insight on the adaptation of general recommendations to specic national and
local contexts.
Chapter I is on the prevention of child recruitment by terrorist and violent extremist groups. Following
an analysis of the key motivations and methods of the groups to recruit children, the chapter focuses on
the need to design and implement comprehensive prevention measures aimed at addressing violence
against children in general, recruitment in particular and the role of the justice systems in such policies.
Chapter II focuses on children recruited and exploited by terrorist and violent extremist groups, in
particular their treatment as victims. e chapter deals with the recognition of their status as victims;
safeguards aimed at fostering participation of children in criminal proceedings while preserving their
safety; and their right to reparations.
e subject of chapter III is the treatment of children who have been recruited and exploited by
terrorist and violent extremist groups and who come in contact with the justice system for allegedly
having commied terrorism-related oences. e chapter focuses on issues regarding the legal status
of those children, the competent authorities and procedures to deal with them, and minimum guaran-
tees that should inform all stages of justice proceedings.
e nal chapter addresses the need to support the rehabilitation and reintegration of children in
dierent contexts. Taking into account the diversity of the phenomenon, the chapter provides overall
guidance on child-sensitive reintegration measures, focusing on issues such as the demobilization and
release of children; cross-border situations; and the reintegration of children who come in contact
with the justice system.
INTRODUCTION
C. Terminology
e guidance provided by the present publication touches upon politically sensitive issues oen
associated with denitional issues that are especially controversial. It is therefore necessary to indicate
at the outset what is meant by certain terms that repeatedly appear in the publication. For the purposes of
this publication:
(a) “Children” means human beings under the age of 18 years, in accordance with article 1 of
the Convention on the Rights of the Child. Policy documents in the area of prevention of violent
extremism oen deal with “youth”. e present publication, given its focus on the role of the justice
system, focuses on the treatment of “children”, which is a term with a precise legal meaning and related
legal framework in international law and most Member States’ legislation;
(b) “Recruitment” refers to compulsory, forced and voluntary conscription or enlistment of
children into any kind of armed force, armed group or terrorist or violent extremist group;
(c) “Exploitation” of a child refers to the use of the child in work or other activities for the benet
of others and to the detriment of the child’s physical or mental health, development and education.
Exploitation includes, but is not limited to, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, including the commission of crime, slavery or practices
similar to slavery. e term indicates that advantage is being taken of the child’s lack of power and status.
In the United Nations Global Counter-Terrorism Strategy Review (General Assembly resolution
70/291), there are references to “terrorism and violent extremism as and when conducive to terror-
ism” or “terrorism and violent extremism conducive to terrorism”. In line with that resolution, the
terms “violent extremist” and “violent extremism” in this Handbook should always be regarded as
referring to “violent extremism as and when conducive to terrorism”.
In the Plan of Action to Prevent Violent Extremism, it is stated right at the outset that the Plan of
Action considers and addresses violent extremism “as, and when, conducive to terrorism”. Violent
extremism is a diverse phenomenon, without clear denition. It is neither new nor exclusive to any
region, nationality or system of belief. Nevertheless, in recent years, terrorist groups such as Islamic
State in Iraq and the Levant (ISIL), Al-Qaida and Boko Haram have “shaped our image of violent
extremism and the debate on how to address this threat”.
13
ere is currently no universally accepted, comprehensive denition of “terrorism” or “terrorist
group”. As noted in the Plan of Action, denitions of “terrorism” and “violent extremism” are the pre-
rogative of Member States and must be consistent with their obligations under international law, in
particular international human rights law. Just as the General Assembly has taken a practical approach
to counter-terrorism through the adoption by consensus of the United Nations Global Counter-
Terrorism Strategy, the Plan of Action pursues a practical approach to preventing violent extremism,
without venturing to address questions of denition.
14
In the present Handbook, the term “terrorist group” encompasses at least the entities designated by
the Security Council on the ISIL (Da’esh) and Al-Qaida Sanctions List and the Taliban sanctions list,
as well as Al-Shabaab. It may also include other groups that resort to acts proscribed by the universal
counter-terrorism conventions and protocols, as well as groups designated as terrorist groups at the
national or regional level.
13
A/70/674, para. 2.
14
Ibid., para. 5.
Strategies for preventing
recruitment of children by
terrorist and violent
extremist groups
Chapter 1
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
A. Recruitment and exploitation of children
Recruitment of children by terrorist and violent extremist groups is taking place in countries throughout
the world, in situations of armed conict and in the absence of armed conict. Regardless of the condi-
tions in which it takes place, the recruitment usually leads to exploitation and victimization of children.
While the recruitment of children by armed groups has a long history, the recruitment of children
by terrorist and violent extremist groups is a more recent phenomenon and has undergone notable
developments in the past decade. e section below presents an analysis of the reasons for and methods
of child recruitment.
. Why are children recruited?
e reasons for the recruitment of children by terrorist and violent extremist groups are complex and
multifaceted, and they may vary depending on the situation. It also appears that children are not
merely recruited alongside adults, but are specically targeted, as the use of children provides various
advantages to the groups.
Visibility and propaganda
Terrorist and violent extremist groups are prominently exploiting children to boost their visibility,
notable examples being the propaganda of Boko Haram and ISIL. The analysis of a six-month
data set of ISIL propaganda revealed a total of 254 events that included images of children; 38 per
cent of the images were of children engaged in acts of violence or being exposed and normalized
to violence. The images are used to shock the public and, at the same time, to show the power and
ruthlessness of the group.
15
Demography
e demographic shi in poor countries, in part due to the spread of HIV/AIDS, has led to an increase
in the percentage of children vis-à-vis the overall population, making this age group most available for
recruitment and abduction. For instance, in each of the countries aected by the Boko Haram crisis,
children constitute over 50 per cent, and in certain cases 60 per cent, of the overall population.
16
Community expectations
ere are circumstances in which armed groups, including terrorist or violent extremist groups, are
perceived by a community as a defence against the threat of violence from a dierent group or from the
State. In such circumstances, family and communities may expect and push children to join the ranks
of the group.
17
However, where a non-State armed group is unpopular among the population or the
group does not have wide geographical support, adults may be dicult to recruit to the cause. In such
cases, recruiting children proves easier for the groups and guarantees the possibility of continuing to
expand their power base despite the decreasing support.
18
15
Quilliam Foundation, e Children of the Islamic State (2016), p. 18.
16
United Nations Department of Economic and Social Aairs, Population Division, World Population Prospects: e 2017
Revision—Key Findings and Advance Tables, (ESA/P/WP/248).
17
Oce of the Special Representative of the Secretary-General on Children in Armed Conict, “Root causes for child
recruitment”, available at hps://childrenandarmedconict.un.org/eects-of-conict/root-causes-of-child-soldiering/.
18
P. W. Singer, Children at War (Berkeley and Los Angeles, University of California Press, 2006), p. 54.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Economic considerations and eectiveness
When recruiting children, terrorist and violent extremist groups, as well as armed groups in general,
benet from notable economic advantages. Whether they are used in support roles or as combatants,
children are usually paid less (if at all) and require less food to survive. In parallel, the evolution of
warfare and in particular the prevalence of small arms have reduced the eectiveness gap between a
child and an adult. Not only is the trade in small arms poorly regulated, but the use of small arms is
especially easy, making them more accessible to children.
19
While power and control over weapons
used to be in the hands of older members of society, children are no longer constrained by the age
groupings that limited who could participate in warfare.
20
Accordingly, children remain less expensive
than adult combatants, but not necessarily less eective when used to carry out violence.
Control
Children are more easily intimidated and far easier to control, both physically and mentally, than
adults. Children are more inclined to quickly show loyalty to authority gures and are especially sus-
ceptible to following beliefs and behaviours of those they love and respect, an element that is especially
relevant when families are involved in the recruitment process. e groups, who strive to ensure their
future survival, may see the use of children as an “investment in the future generation”.
21
Tactical advantages
Children, particularly girls, are increasingly being used as spies, for delivering messages, carrying
materials and undertaking suicide aacks.
22
e reasons for this are oen pragmatic: children have less
understanding of the risk they face and therefore display less anxiety. ey are also more likely to do as
they are ordered, and they generally benet from the advantage of arousing less suspicion, which can
be a crucial asset, for instance in geing closer to targets.
. How are children recruited?
While terrorist and violent extremist groups continue to recruit children according to methods that have
been used by armed groups recruiting child soldiers, they have also been increasingly turning to innovative
and rened techniques. e practices employed may vary according to a number of factors, including the
situation of the group and that of the child.
Forced recruitment continues to be prevalent. However, some children may appear to “voluntarily”
join terrorist and violent extremist groups. e Special Representative of the Secretary-General for
Children and Armed Conict has made it clear that recruitment processes are oen characterized by
elements of both compulsion and voluntariness,
23
rendering such distinctions extremely dicult.
Recruitment should never be regarded as truly voluntary but is dictated by a number of factors, such as
trying to survive, or escaping poverty, insecurity, marginalization or discrimination. e International
19
Machel Study 10-Year Strategic Review: Children and Conict in a Changing World (United Nations publication E.09.XX.2), p. 9.
hps://www.unicef.org/publications/index_49985.html
20
Singer, Children at War, p. 49.
21
e Children of the Islamic State, p. 27.
22
“Children and armed conict: report of the Secretary-General” (A/70/836-S/2016/360); United States Institute of Peace,
“Charting a new course, thought for action kit: women preventing violent extremism” (Washington, D. C., 2015); Naureen
Chowdury Fink, Sara Zeigerand and Raa Bhula, eds., A Man’s World? Exploring the Roles of Women in Countering Terrorism and
Violent Extremism (Abu Dhabi, 2016).
23
Submission of the Observations of the Special Representative of the Secretary General of the United Nations for Children and
Armed Conict pursuant to Rule 103 of the Rules of Procedure and Evidence, judicial document No. ICC-01/04-01/06-1229
(2008), annex A, para. 13.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Criminal Court has agreed that the line between voluntary and forced recruitment is not only legally
irrelevant but practically supercial in the context of children in armed conict.
24
Forcible recruitment
Terrorist and violent extremist groups primarily engage in forced and oen brutal recruitment of large
numbers of children. Children may be kidnapped, abducted, coerced through threats or purchased
from trackers. Children living in poverty, without parental care, and street children are particularly
vulnerable to forcible recruitment campaigns.
Recruitment through ties between the group and community leadership
Sometimes communities support an armed group listed as a terrorist group because the group is
perceived as defending the community against threats from other armed groups; in such a situation,
families and community leaders may encourage children to join the armed group.
Economic enticement
In some instances, the groups may oer payment, food, accommodation and protection, encouraging loyalty.
Transnational recruitment
e transnational nature of terrorism and violent extremism has favoured the emergence of transnational
recruitment and the involvement of children in the phenomenon of foreign terrorist ghters.
25
Some
children crossing borders to join a terrorist group do so on their own, some travel with their parents or
grown-up relatives, while others are forcefully abducted and subsequently cross borders as part of their
engagement in violent extremist groups.
Some groups have devised comprehensive recruitment strategies that include a variety of recruitment
methods that are applied in dierent situations.
Use of schools
Certain terrorist and violent extremist groups enjoy territorial control over specic areas. eir
authority may extend to schools, which then are used as a forum in which children are indoctri-
nated, encouraging “buy-in” and identication with the group.
Propaganda
Groups develop precise propaganda strategies aimed at highlighting the advantages of joining the
group or at triggering empathy. Joining a group may be portrayed as oering status and prestige, smart
uniforms and weapons. e experience is shown as an opportunity for power, especially to children
without educational opportunities or employment. ISIL also oen focuses on “victimhood”, using
images that show the “crimes of the enemy”, with a view to triggering anger and eliciting empathy with
those injured or killed and creating a desire to carry out revenge.
26
Groups also use communication
material to spread their message. Cartoons and computer games and other interactive media appearing
24
International Criminal Court case of e Prosecutor v. omas Lubanga Dyilo, judgment of 14 March 2012, para. 612.
25
e Security Council, in its resolution 2178 (2014), decided that all States should ensure that their domestic laws and regu-
lations establish serious criminal oences sucient to provide the ability to prosecute and penalize their nationals who travel or
aempt to travel to a State other than their States of residence or nationality, and other individuals who travel or aempt to travel
from their territories to a State other than their States of residence or nationality, for the purpose of the perpetration, planning or
preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training.
26
Charlie Winter, e Virtual “Caliphate”: Understanding Islamic State’s Propaganda Strategy, (London, Quilliam Foundation,
2015).
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
on the Internet have been designed to appeal to children in par-
ticular.
27
Oen colourful content is integrated within material that
glories terrorist acts, including suicide aacks.
Online recruitment
e use of online communication is a relatively new means of dis-
seminating terrorist and violent extremist propaganda. It expands
the reach of the group’s message and gets through to potential
recruits throughout the world. As active Internet users, children are
at particular risk. Specic websites advertise the existence of the
groups and, in many instances, multiple sites in dierent languages
include dierent messages tailored to specic audiences.
28
Social
media platforms, including email, chat rooms, e-groups, message
boards, video recordings and applications are especially popular
recruitment tools
29
that can also facilitate tailored approaches. One
of the methods, which can be dened as “grooming”, is based on the
perpetrator learning about the individual’s interests in order to tailor
the approach and build up a relationship of trust. A second tech-
nique replicates “targeted advertising”: by tracking the online behav-
iour of Internet users, a group can identify those vulnerable to its
propaganda and tailor the narrative to suit its target audience.
30
. Roles assumed by children
When children are recruited by terrorist or violent extremist
groups, they carry out a variety of roles within or for the groups.
Crucially, the manner in which a child is recruited does not neces-
sarily determine the type of role he or she will play, which can vary
considerably depending on the situation and on the personal cir-
cumstances of the child. What remains persistent is the causal link
between the recruitment process and the subsequent exploitation
of the child, which can assume various forms.
Some children are used in hostilities such as front-line ghting,
carrying out executions of hostages or prisoners or carrying out terrorist aacks, including as suicide
bombers. Others have support roles as messengers, porters, smugglers or spies, or they are, in eect,
treated as slaves and systematically subjected to sexual abuse and exploitation.
Currently, the use of children to carry out terrorist aacks is garnering international aention, both
in situations of conict and in times of peace. In 2015, a 14-year-old British national and an 18-year-old
Australian national were arrested, tried and sentenced in their respective home countries for planning
a terrorist aack on Anzac Day (a public holiday in countries such as Australia and New Zealand).
27
Gabriel Weimann, “Online terrorists prey on the vulnerable: websites target marginalized women and youth, recruiting for
suicide missions”, 5 March 2008. Available at hp://yaleglobal.yale.edu/content/online-terrorists-prey-vulnerable.
28
omas Koruth Samuel, “e lure of youth into terrorism”, in SEARCCT Selection of Articles, vol. 2 (Kuala Lumpur, South-East Asia
Regional Centre for Counter-Terrorism, 2011).
29
Kate Ferguson, “Countering violent extremism through media and communication strategies: a review evidence” (2016), p. 15.
30
Gabriel Weimann, “e emerging role of social media in the recruitment of foreign ghters”, in Foreign Fighters under
International Law and Beyond, Andrea de Gury, Francesca Capone, Christophe Paulussen, eds. (e Hague, T.M.C. Asser
Press, 2016), p. 83.
Recruitment patterns
The following recruitment patterns are not
specic to online recruitment, but they can
be eectively replicated in that context (note
that considerable variance exists within the
proposed models):
a
(a) “The Net”: violent extremist and terrorist
groups disseminate undierentiated
propaganda, such as video clips or
messages, to a target population deemed
homogeneous and receptive to the
propaganda;
(b) “The funnel”: entails an incremental
approach, to target specic individuals
considered ready for recruitment, using
psychological techniques to increase
commitment and dedication. Even targeted
children who resist complete recruitment may
develop positive outlooks on the group’s
activities;
(c) “Infection”: when the target population
is dicult to reach, an “agent” can be
inserted to pursue recruitment from within,
employing direct and personal appeals. The
social bonds between the recruiter and the
targets may be strengthened by appealing to
grievances, such as marginalization or social
frustration.
a
Sco Gerwehr and Sara Daly, “Al-Qaida: terrorist selec-
tion and recruitment” (Santa Monica, California, ND
Corporation, 2006), pp. 76-80.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
A signicant number of ISIL operations directly involve children. Children are recruited to carry out
suicide bombings. Boko Haram relies heavily on the use of children as suicide bombers—in a 2017
study conducted by the United Nations Children’s Fund (UNICEF) study, it was called a dening
feature of that conict.
31
Boko Haram has recruited and used boys and girls for active hostilities, according to testimonies
received by the Oce of the United Nations High Commissioner for Human Rights (OHCHR).
Some boys were forced to aack their own families to demonstrate loyalty to Boko Haram, while
girls were forced to marry, clean, cook and carry equipment and weapons. OHCHR received con-
sistent reports that boys and girls were increasingly being used as human shields and to detonate
bombs. In May 2015, for example, a girl who was about 12 years old was used to detonate a bomb
at a bus station in Damaturu, Yobe State, killing seven people. Similar incidents were reported in
Cameroon and the Niger. During aacks by Boko Haram, abducted boys were used to identify
those who refused to join the group, as well as unmarried women and girls.
32
. Recruitment and exploitation of girls
While all children can become victims of recruitment and exploitation by terrorist or violent extremist
groups, the scale of recruitment of girls in the contemporary context of terrorism has become a maer
of particular concern. In addition, the paths leading girls to such groups oen remain invisible. It is
therefore of crucial importance to identify factors contributing to the recruitment of girls, dierent
recruitment paerns and preferred forms of exploitation.
ere are a number of reasons why girls are favoured targets of recruitment. One reason is visibility:
aacks by girls, especially young girls, have a greater propaganda value, as they tend to garner more
media aention than aacks by their male counterparts. As terrorist groups’ communication strategies
show, the recruitment of girls contributes to the “normalization” of the groups, increases the groups’
aractiveness for future recruits and demonstrates the groups’ State-building capacity. Another reason
is eectiveness, as girls do not conform to traditional security proles and they tend to raise less suspi-
cion and thus have an increased likelihood of successfully carrying out aacks or support roles.
33
Moreover, dierent “push factors” and “pull factors” may apply to girls. Girls may be induced to “fall in
love” with a member of a group through the social media; or they may seek an escape from structural
violence or family pressure at home by geing married to a terrorist ghter.
In addition to using the usual recruitment methods, organizations such as ISIL appear to be directing
propaganda messages at women and girls, whom they address as “sisters of the Islamic State”, writing
manifestos and publications for them and promoting women’s voices within recruitment strategies.
34
ere are also dedicated online chat boards and messages for and by women involved in recruitment
processes.
35
Girls who have been sexually abused by armed forces or members of a terrorist or violent
extremist group may feel that they have no other choice and that they have been dishonoured and their
reputation has been ruined and, for those reasons, they cannot go home.
31
UNICEF report entitled “Silent shame: bringing out the voices of children caught in the Lake Chad crisis”. Available at
www.unicef.org/.
32
Report of the United Nations High Commissioner for Human Rights on violations and abuses commied by Boko Haram
and the impact on human rights in the aected countries (A/HRC/30/67), para. 44.
33
Mia Bloom, “Bombshells: women and terror”, Gender Issues, vol. 28, Nos. 1 and 2 (2011), pp.1-21.
34
Erin Saltman and Melanie Smith, “Till martyrdom do us part: gender and the ISIS phenomenon” (London, Institute for
Strategic Dialogue, 2011).
35
Weimann, “Online terrorists prey on the vulnerable”.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Contrary to general belief, girls are also increasingly being exploited to carry out active roles. One
notable example is the increased exploitation of girls in suicide aacks;
36
some reports indicate that
girls accounted for three quarters of suicide aacks carried out by children for Boko Haram between
January 2014 and February 2016.
37
In addition, terrorist and violent extremist groups continue to use
the traditional forms of violence perpetrated against girls in situations of conict. In some cases, the
majority of girls are subjected to sexual abuse or slavery or are sold as sexual slaves.
38
Sexual violence as
a terrorist tactic has been explicitly condemned in Security Council resolutions in which the Council
has expressed deep concerns about the fact that acts of sexual and gender-based violence are used as an
instrument to increase the terrorist groups’ power through supporting nancing, recruitment and the
destruction of communities.
36
“Charting a new course: thought for action kit”; Fink, Zeiger and Bhula, A Man’s World?
37
UNICEF, “Beyond Chibok” (2016).
38
Human Rights Watch, “Iraq: ISIS escapees describe systematic rape—Yezidis survivors in need of urgent care”,
14 April 2015 (available at www.hrw.org/); and United Nations Assistance Mission for Iraq and OHCHR, “Report on the
protection of civilians in armed conict in Iraq: 6 July-10 September 2014” (Baghdad, 2014).
Good practices involving women and countering violent extremism
The Global Counterterrorism Forum issued a non-binding document on good practices that
focused on gender aspects in the context of countering violent extremism,
a
in an eort to
counter the fact that gender mainstreaming is oen overlooked despite its importance,
given the signicant roles of women and girls in this area.
One of the recommendations of the Forum was to ensure that eorts to counter violent
extremism contribute to reducing women’s and girls’ involvement in violent extremism,
including by identifying gender dynamics in radicalization leading to terrorism and
preventing such radicalization among women and girls.
a
“Good Practices on Women and Countering Violent Extremism”. Available at www.thegctf.org/.
Checklist for practitioners: keyelements
• Terrorist and violent extremist groups target children for recruitment because
children’s involvement brings a number of comparative advantages: for example,
children cost less, they can be strategically eective and they have a special
propaganda value.
• Children are recruited forcibly, through family members and community leaders,
through propaganda, transnationally, on the Internet, through schools or as a result of
pressure from their families and/or communities. Regardless of the method used,
however, no recruitment process can ever be regarded as truly voluntary.
• Children are exploited to perform support roles and active roles as ghters in armed
conflict or perpetrators of terrorist attacks. All these roles generally entail being
subjected to various forms of violence.
• Girls are increasingly being recruited, and their trajectories (i.e. the paths leading to their
recruitment) may be dierent from those of boys in terms of the recruitment processes,
the forms of exploitation and the advantages perceived by the recruiting groups.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
B. Adopting a holistic approach: preventing violence
against children
e recruitment and use of children by terrorist and violent extremist groups constitute serious forms
of violence against children. Exposure to violence is, in general, a predictor of impaired personal, intel-
lectual and social development and even future involvement in criminal activity. erefore, the conse-
quences of violence include not only considerable harm to the individual child, but also high costs for
society as a whole.
Although violence can take on many dierent forms, those forms are oen interconnected. While
specic phenomena, such as recruitment and exploitation of children, require tailored approaches,
prevention measures can only be eective if they are rooted in a comprehensive strategy to prevent
violence in general and if they can mobilize dierent State and non-State actors, including various
types of professionals, civil society and community-based organizations.
e need for a comprehensive approach to preventing violence against children is also recognized
in Goals 5, 8, 11, 16 and 17 of the Sustainable Development Goals, which, as mentioned in the
Introduction, call for puing an end to, among other things, all forms of violence against children, in
order to promote global development. Despite the eorts undertaken by dierent countries to address
this phenomenon, violence still aects children everywhere in the world.
. Prohibition of violence against children in the international
legal framework
e international legal framework guarantees children broad protection from serious forms of vio-
lence, including recruitment and exploitation of children by terrorist and violent extremist groups. e
present section outlines relevant legal provisions that dene violence against children and the duty of
States to take all necessary measure to protect children from violence.
Convention on the Rights of the Child
Article 19 of the Convention on the Rights of the Child provides a broad denition of “violence against
children”, which, as underlined by the Commiee on the Rights of the Child (the body of independent
experts monitoring the implementation of the Convention by its States parties), includes both non-
physical and non-intentional forms of harm.
39
Accordingly, Governments are required to undertake all possible measures to prevent and prohibit
violence against children.
e exploitation of children is addressed in article 32 of the Convention, which calls on States parties
to recognize the right of the child to be protected from economic exploitation and from performing any
work that is likely to be hazardous or to be harmful to the child’s health or physical, mental, spiritual,
moral or social development. In article 34, States parties are called on to undertake to protect the child
from all forms of sexual exploitation and sexual abuse and States parties are required to take all appropri-
ate measures to prevent, among other things: (a) the inducement or coercion of a child to engage in any
unlawful sexual activity; (b) the exploitative use of children in unlawful sexual practices; and (c) the
exploitative use of children in pornographic materials. However, the term exploitation is considered to be
broader, as article 36 requires States parties to protect the child against all other forms of exploitation
prejudicial to any aspects of the child’s welfare.
39
General comment No. 13 (2011) on the right of the child to freedom from all forms of violence (Ocial Records of the
General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex V).
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Protocol to Prevent, Suppress and Punish Tracking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime
e Protocol to Prevent, Suppress and Punish Tracking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime,
40
links exploi-
tation of children, which invariably constitutes a form of violence, directly to their recruitment and
other acts of tracking. In article 3 of the Tracking in Persons Protocol, it is stated that exploitation
includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploita-
tion, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs
and that the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of
exploitation should be considered “tracking in persons”.
When commied against adults, tracking also requires the “means” element—the threat of use of
force or of other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benets to achieve the consent of
a person having control over another person. e presence of this element is not required in the case of
tracking in children. However, more oen than not, armed and terrorist groups use such methods to
bring children under their control.
Since, according to the Tracking in Persons Protocol, there is no requirement to establish the
“means” element in the case of tracking in children, the consent of the child is always considered
irrelevant. Where there are indications of exploitation and tracking involving a child, it is understood
that the child victim was not free to make informed and clear choices regarding, for instance, any avail-
able opportunity to escape the tracker or nd other options. In article 9, States parties are required to
adopt or strengthen legislative or other measures to discourage the demand that fosters all forms of
exploitation of persons, especially women and children, which leads to tracking. And in article 6,
each State party is required to take into account the age, gender and special needs of victims of track-
ing in persons, in particular the special needs of children.
40
United Nations, Treaty Series, vol. 2237, No. 39574.
Convention on the Rights of the Child:
a
article 19
1. States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who
has the care of the child.
2. Such protective measures should, as appropriate, include eective procedures for
the establishment of social programmes to provide necessary support for the child and
for those who have the care of the child, as well as for other forms of prevention and
for identication, reporting, referral, investigation, treatment and follow-up of instances
of child maltreatment described heretofore, and, as appropriate, for judicial
involvement.
a
United Nations, Treaty Series, vol. 1577, No. 27531.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
According to the Special Rapporteur on tracking in persons, especially women and children,
41
Tracking for any illicit purpose includes—but is not limited to—tracking in adults and chil-
dren for sexual purposes, for labour exploitation, for exploitative adoption and for participation in
armed conicts; tracking in women, men and children for forced labour and other forms of
exploitation, such as exploitation in criminal or illicit activities, or forced and organized begging;
tracking in women and girls for forced and servile marriages, sexual exploitation and forced
labour, including domestic servitude; and tracking in persons for the removal of organs. In cer-
tain regions, tracked children, like tracked adults, are oen obliged or induced by their
trackers and exploiters to commit crimes.
42
United Nations Global Counter-Terrorism Strategy
While violence against children is generally not the object of the international legal framework related
to countering terrorism, on the occasion of the h biennial review of the United Nations Global
Counter-Terrorism Strategy (resolution 60/288), the General Assembly addressed this phenomenon
in the framework of terrorism. In its resolution 70/291, the Assembly strongly condemned the system-
atic recruitment and use of children to perpetrate terrorist aacks, as well as the violations and abuses
commied by terrorist groups against children, and noted that such violations and abuses may amount
to war crimes.
United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice
e General Assembly, in its resolution 69/194, strongly condemned all acts of violence against chil-
dren, rearmed the duty of the State to protect children from all forms of violence in both public and
private seings and adopted the United Nations Model Strategies and Practical Measures on the
Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice. Part
one of the Model Strategies and Practical Measures, annexed to that resolution, contains sections on
ensuring the prohibition by law of all forms of violence against children and on implementing compre-
hensive prevention programmes. In the section on implementing comprehensive prevention pro-
grammes, it is stated that criminal justice agencies, working together with, as appropriate, child
protection, social welfare, health and education agencies and civil society organizations, should
develop eective violence prevention programmes as part of both broader crime prevention pro-
grammes and initiatives to build a protective environment for children.
. Measures to prevent violence against children
ere are a number of challenges associated with the development and implementation of policies to
protect children from violence. One of them is related to the fact that violence might be socially toler-
ated and, in some instances, it might be perceived as a private maer, which might lead to underreport-
ing. Reporting of cases of violence can also be undermined by lack of trust towards public institutions
and, in particular, rst responders.
From the point of view of policymaking, initiatives to prevent violence are dicult to measure in
terms of their impact, which may lead to less condence in their eectiveness and fewer resources
being allocated to them.
41
A/HRC/29/38, para. 52.
42
Ibid., para. 20.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Prevention of violence against children largely rests on primary interventions of support to the
families and the communities, which favour positive parenting, social cohesion and healthy sociali-
zation processes, as well as appropriate education, welfare and
public health policies. While in-depth appreciation of all these
areas of intervention is beyond the scope of this Handbook, the
present section outlines some measures that could be taken by the
justice system to enhance its capacity to contribute to eectively
preventing and responding to violence against children. (For a
more detailed approach to strategies and practical measures to
prevent violence against children, see the UNODC booklet enti-
tled “Elimination of violence against children”).
Prohibition by law of all forms of violence against
children, with a view to countering cultural
acceptance and insucient reporting of such
violence
While not all forms of violence necessarily require criminalization,
clear prohibition of all forms of violence against children sets the
boundaries and empowers authorities to respond eectively to this
phenomenon. It also supports the mobilization of civil society, non-
governmental organizations and communities in rejecting practices
that entail violence. Recruitment and exploitation of children are
especially serious forms of violence that require criminalization (for
further analysis, see section C.2 of this chapter).
Awareness-raising campaigns and media involvement, with a view to
countering cultural acceptance of violence against children and punitive
approaches
Promotion of child rights begins at the grass-roots level. Awareness-raising campaigns can pursue the
twofold objective of educating the public on what constitutes violence against children and fostering a
beer understanding of child rights. ey can also encourage the empowerment of children as right
holders. In order to be eective, awareness-raising campaigns require the involvement of various
actors, including educational institutions, non-governmental organizations and the private sector.
Involvement of the media is also essential, not only in terms of reaching a broad target audience, but
also to ensure that children who are victims of violence are not exposed and stigmatized. e develop-
ment of ethical guidelines for media outlets to allow for child-friendly coverage and protection of chil-
dren’s privacy is an important component of prevention strategies.
Establishing detection and reporting mechanisms, with a view to countering
invisibility, punitive approaches and disconnected intervention
In order to improve detection and reporting of violence against children, child-friendly procedures
and complaint and counselling mechanisms should be established. ey should be easily accessible to
children, as well as to their families and other support persons, and should include measures to protect
against reprisal those who report such violence (especially children).
Reporting incidents of violence should be required for certain groups of professionals (in the
health, education and welfare sectors) who are regularly in contact with children, and those
Key challenges
• Cultural acceptance of violence leading
to underreporting
• Limited options available to children, or
distrust in public institutions,
contributing to making violence against
children an “invisible phenomenon”
• Punitive approaches to children in
vulnerable situations, such as
criminalization of status oences,
contributing to stigmatization rather
than support
• Disconnected interventions
• Lack of nancial and human resources
• Concerns over eectiveness and lack of
monitoring of programmes
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
professionals, as well as law enforcement ocers, should be trained to identify and recognize risk
factors and address them in a child-friendly manner.
Training of criminal justice professionals, with a view to countering punitive
approaches and invisibility
Criminal justice professionals require specialized knowledge on the rights of children, expertise on
violence against children and specic risks of secondary victimization within the justice system, risk
factors and vulnerabilities, child-friendly aitudes and communication skills.
e availability and eectiveness of capacity-building are based on the allocation of sucient resources.
e establishment of specialized units can improve expertise, clarify focal points, facilitate coordination with
other actors responsible for the protection and support of children and enhance cost-eectiveness.
Intersectoral cooperation, with a view to countering invisibility and
disconnected intervention
e responsibility to create a protective environment for children is distributed among various actors,
most notably the justice system and the child protection, health, education and social service sectors.
Whenever these services do not work together coherently, detection and intervention eorts to pre-
vent violence against children are undermined. Rapid and eective coordination mechanisms in the
dierent sectors are crucial when threats to the safety of the child are especially serious, as in the case
of recruitment and exploitation by terrorist and violent extremist groups, as they improve the identi-
cation of the threat and facilitate the provision of swi responses.
Crucial steps for the improvement of coordination mechanisms are shown in gure I.
Figure I. Crucial steps for the improvement of coordination mechanisms
Mapping
institutions and
agencies involved
in the treatment
of children
a
Information
management and
communication
systems (including
emergency
proceedings)
Inter-agency
protocols
Creation of
multidisciplinary
specialized units
Identication
of relevant
focal points
a
Including in the areas of criminal justice, child protection, social welfare, health and education.
Data collection and monitoring, with a view to countering invisibility,
ineectiveness and disconnected intervention
Precise information is crucial to the development of evidence-based policies and particularly relevant
in tackling submersed phenomena such as violence against children. In order to obtain precise infor-
mation, research and systematic data collection, analysis and dissemination should be promoted.
One of the main challenges in tackling recruitment and exploitation by terrorist and violent extrem-
ist groups is that the processes and methods used are especially dicult to trace. Practitioners have also
encountered multiple challenges in the determination of vulnerability factors. However, exposure to
other forms of violence, including abuse and neglect, could enhance vulnerability. Early detection and
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
identication of cases of violence against children would provide opportunities for: (a) improving
evidence-based understanding of the phenomenon; and (b) strengthening early intervention and
supporting eective prevention.
C. Preventing recruitment of children by terrorist and
violent extremist groups
e international community has increasingly recognized the need to focus on prevention of terrorism
and violent extremism. Prevention of child recruitment by terrorist and violent extremist groups
requires a paradigm shi in policy design, focusing on early intervention rather than responses.
e Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism
Context,
43
made available by the Global Counterterrorism Forum, testies to the relevance of this shi
in approach. Under good practice 3 of the Memorandum, it is stated that eorts and resources should
be invested in understanding the conditions conducive to and eectively addressing the recruitment of
children, and their potential “radicalization to violence”.
It is important to stress that the implementation of prevention measures should rest on a compre-
hensive legal and policy framework, compliant with the obligations stemming from international law.
In particular, specic measures aimed at preventing recruitment should not be adopted in isolation,
but rather in the broader framework of policies to prevent violence against children. Prevention of
recruitment of children by terrorist and violent extremist groups is a complex endeavour, especially
considering the innovative recruitment methods used by such groups. In order to maximize its eec-
tiveness, such prevention requires the integration of specialized approaches (including those grouped
under “prevention of violent extremism”), lessons learned from other areas of preventive work and a
comprehensive structure of intervention.
e following section presents an analysis of the key provisions related to child recruitment in the
international legal framework, in order to provide overall guidance on prevention strategies. In par-
ticular, the recommendations focus on two crucial responsibilities of Member States:
43
Available from hps://www.thegctf.org/Portals/1/Documents/Toolkit-documents/English-Neuch%C3%A2tel-
Memorandum-on-Juvenile-Justice.pdf.
Checklist for practitioners: keyelements
• The international legal framework guarantees broad protection of children against all
forms of violence.
• Recruitment and exploitation of children by terrorist and violent extremist groups are
particularly serious forms of violence and require tailored prevention measures.
• Prevention measures addressing violence against children need to focus on
improving detection and reporting, ensuring child-friendly approaches and
promoting intersectoral cooperation.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
(a) Ensuring a wide-ranging prohibition of child recruitment;
(b) Designing and implementing comprehensive prevention strategies that are tailored to the
national context and do not contribute to further marginalization and discrimination of disenfran-
chised groups.
. Prohibition of child recruitment in the international legal
framework
Child recruitment is prohibited by international law. Such prohibition nds its roots in the codication
of international humanitarian law, which regulates the conduct of parties in armed conict. Relevant
international law has evolved over time, progressively ensuring a comprehensive prohibition of recruit-
ment of all children under the age of 18 by non-State actors. e international legal framework related
to terrorism requires States to prohibit all recruitment of persons for terrorist groups.
International provisions go beyond mere prohibition; they call for Governments to take an active
role in prevention of recruitment. Considering the extreme forms of violence and exploitation that can
result from such recruitment, engaging in prevention is part of each State’s duty to provide a protective
environment for children.
Prohibition of recruitment of children
Convention on the Rights of the Child and Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict
e Convention on the Rights of the Child tackles only the recruitment of children by State armed
forces. While the Convention does not prohibit recruitment of children between 15 and 18 years of
age, it includes (in article 38) a specic obligation to give preference to older children in this age group.
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict
a
Article 4
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.
2. States Parties shall take all feasible measures to prevent such recruitment and use,
including the adoption of legal measures necessary to prohibit and criminalize such
practices.
3. The application of the present article shall not aect the legal status of any party to
an armed conflict.
a
United Nations, Treaty Series, vol. 2173, No. 27531.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
is provision reects that of article 77, paragraph 2, of the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed
Conicts (Protocol I).
44
e formulation of article 38 of the Convention on the Rights of the Child, however, presents two
considerable limitations. First, it prohibits recruitment only by States parties and not by armed groups.
Second, the seing of the age limit at 15 is inconsistent with the other provisions in the Convention
(e.g. in article 1), which apply to every human being under 18 years of age. International pressure to
raise the minimum age of recruitment resulted in the subsequent adoption of the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in armed conict.
45
e Optional Protocol, adopted in 2000, prohibits the compulsory recruitment of children under
the age of 18 into the armed forces of States parties (article 2), requires States parties to raise the mini-
mum age for voluntary recruitment from 15, and obliges States parties to take all feasible measures to
ensure that persons under the age of 18 do not take a direct part in hostilities (article 1).
e particular importance of the Optional Protocol is that it establishes stricter prohibitions with
regard to non-State armed groups. Article 4 provides a blanket prohibition of the recruitment and use
of children by non-State armed groups in hostilities, regardless of whether or not they are recruited
voluntarily or compulsorily, or take a direct part in hostilities. States parties are required to take all
feasible measures to prevent such recruitment and use, including the adoption of legal measures neces-
sary to prohibit and criminalize such practices.
Worst Forms of Child Labour Convention, 1999 (No. 182), of the International Labour
Organization
According to the Worst Forms of Child Labour Convention, 1999 (No. 182), of the International
Labour Organization,
46
forced or compulsory recruitment of children for use in armed conict is one
of the “worst forms of child labour” (article 3). States parties are required to take immediate steps to
secure the prohibition and elimination of those worst forms of child labour as a maer of urgency
(article 1). In Worst Forms of Child Labour Recommendation, 1999 (No. 190), of the International
Labour Organization, it is recommended that all forms of slavery or practices similar to slavery, includ-
ing forced or compulsory recruitment of children for use in armed conict, should be a criminal
oence.
Universal legal framework against terrorism
e universal conventions and protocols against terrorism do not specically address the question of
children recruited and used by terrorist groups. ey do, however, make clear that the obligation to
criminalize and prosecute acts of terrorism concerns not only the immediate perpetrators, but also
those who use others by organizing and directing the commission of terrorist acts.
47
e Security Council has dealt with the issue of recruitment in its resolutions. In its resolution 1373
(2001), the Council, acting under Chapter VII of the Charter of the United Nations (thus making the
resolution binding on all Member States), decided that all States should refrain from providing any
form of support to entities or persons involved in terrorist acts, including by suppressing the recruit-
ment of members of terrorist groups. In 2014, the Council acknowledged for the rst time the chal-
lenge posed by the recruitment of children by terrorist groups. In its resolution 2178 (2014), the
44
United Nations, Treaty Series, vol. 1125, No. 17512.
45
Ibid., vol. 2173, No. 27531.
46
Ibid., vol. 2133, No. 37245.
47
See, for example, art. 2, para. 3 (b), of the International Convention for the Suppression of Terrorist Bombings
(United Nations, Treaty Series, vol. 2149, No. 37517).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Council called upon all Member States to cooperate in eorts to address the threat posed by foreign
terrorist ghters, including by preventing the radicalization to terrorism and recruitment of foreign
terrorist ghters, including children.
In addition, Security Council resolutions have oen emphasized the need to tackle terrorism by focus-
ing on prevention measures. In its resolution 1624 (2005), the Council recognized the importance of
States acting in cooperation with one another to prevent terrorists from exploiting sophisticated techno-
logy, communications and resources to incite support for criminal acts. In its resolution 2178 (2014), the
Council underscored that countering violent extremism, which can be conducive to terrorism, including
preventing radicalization, recruitment and mobilization of individuals into terrorist groups and becoming
foreign terrorist ghters, is an essential element of addressing the threat to international peace and security
posed by foreign terrorist ghters. As mentioned in chapter I, section B.1, above, the General Assembly, in
its resolution 70/291, strongly condemned the systematic recruitment and use of children to perpetrate
terrorist aacks, as well as the violations and abuses commied by terrorist groups against children.
Security Council resolutions on children in conflict
Over the years, the Security Council has adopted a series of resolutions condemning the recruit-
ment and use of children in hostilities. In its resolution 1314 (2000), the Council rearmed its
strong condemnation of the deliberate targeting of children in situations of armed conict and the
harmful and widespread impact of armed conict on children, as well as the long-term consequences
that that had for durable peace, security and development. In addition, pursuant to Council resolu-
tion 1612 (2005), a Working Group on Children and Armed Conict and a monitoring and report-
ing mechanism on grave violations against children in situations of armed conict were established,
to monitor and report on violations of child rights, in particular on the six grave violations against
children during times of conict, which include killing and maiming, the recruitment and use of
children by parties to armed conict, rape and other forms of sexual violence, abduction, aacks
against schools or hospitals, and denial of humanitarian access by parties to armed conict (see
Council resolution 1882 (2009), para. 1).
Principles and Guidelines on Children Associated with Armed Forces or Armed Groups
e Principles and Guidelines on Children Associated with Armed Forces or Armed Groups were
adopted at the International Conference on Children involved in Armed Forces and Armed Groups:
Free Children from War, held in Paris in February 2007. e Paris Principles reect the strong com-
mitment of States to end recruitment of children and their use in hostilities by both armed forces and
armed groups. e Paris Principles repeatedly draw aention to the specic situation of girls, whose
experiences of recruitment may vary with respect to boys and whose circumstances are oen over-
looked (para. 4.0). Furthermore, they underline the particular danger of re-recruitment and include
guidance on its prevention (paras. 7.57 and 7.58). In addition, States are called upon to investigate and
prosecute those persons who have unlawfully recruited or used children in armed conict, to bring an
end to the culture of impunity against perpetrators (para. 8.1).
United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice
e United Nations Model Strategies and Practical Measures on the Elimination of Violence against
Children in the Field of Crime Prevention and Criminal Justice include a section on implementing
comprehensive prevention programmes to prevent violence against children. In that section it is stated
that the risk of violence associated with tracking in children and various forms of exploitation by
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
criminal groups should be addressed by specic prevention measures, including measures to prevent
the recruitment, use and victimization of children by criminal groups, terrorist entities or violent
extremist groups (para. 15 (a)).
Prohibition of recruitment of children under 15 years of age
International humanitarian law
Specic provisions of international humanitarian law address the recruitment and use of children in
hostilities. Protocol I to the Geneva Conventions prohibits recruitment of children under 15 years of
age by State armed forces, as well as their participation in hostilities, in situations of international
armed conict (article 77, para. 2). e Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of Non-International Armed Conicts (Protocol II)
48
explicitly prohibits recruitment of children under the age of 15 by non-State armed groups, in situa-
tions of non-international armed conict (article 4, para. 3).
Protocol I and Protocol II to the Geneva Conventions both provide that if children under the age of 15
take a direct part in hostilities, the protective provisions relating to children under those protocols shall
continue to apply. e provisions in article 4 of Protocol II are regarded as customary international law.
49
Rome Statute of the International Criminal Court
According to the Rome Statute of the International Criminal Court,
50
conscripting or enlisting children
under the age of 15 into the armed forces or armed groups or using them to participate actively in hostili-
ties constitutes a war crime, regardless of whether the conict is of an international or non-international
nature (article 8, para. 2 (b) (xxvi) and (e) (vii)). With the entry into force of the Rome Statute and the
establishment of the International Criminal Court in 2002, the prohibition of recruitment of children
under 15 years of age has acquired an international criminal law enforcement mechanism.
. Recommendations for eective approaches to prevention
e implementation of comprehensive prevention measures is oen complex, demanding the coop-
eration of very dierent bodies and institutions. In the past few years, a number of countries have
developed new prevention strategies aimed at stemming the spread of terrorism and violent extrem-
ism. Special emphasis is generally placed on children and youth as a specic target group. Evidence of
the success and evaluations of such prevention strategies are still very limited, and the identication of
promising practices is further complicated by the dierent contexts.
Accordingly, the recommendations in the present section are not intended to be comprehensive,
and they will require considerable adaptation, taking into account priorities at the national level.
e recommendations include some key elements to ensure eective protection of children’s rights
and to promote innovative and comprehensive approaches to the specic methods of recruitment
employed by terrorist and violent extremist groups. Furthermore, selected case studies have been
included to show the dierent contexts of the general guidelines at the national and local levels. In
addition, a number of lessons learned have been included, as they could prove eective for practi-
tioners in similar situations.
is section also highlights how, in order to enhance eectiveness, strategies for the prevention of
violent extremism should integrate a wider range of measures to prevent crime in general and to
48
United Nations, Treaty Series, vol. 1125, No. 17513.
49
Report of the Secretary-General on the establishment of a Special Court for Sierra Leone (S/2000/915).
50
United Nations, Treaty Series, vol. 2187, No. 38544.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
promote a protective environment for children. It is therefore strongly advised that the recommenda-
tions in the present section should be considered and implemented in conjunction with those pre-
sented in section B.2 of this chapter, which outlines key elements of eective prevention of violence
against children.
Full-fledged prohibition of child recruitment
States parties to the international instruments mentioned in the previous section are required to pro-
hibit recruitment of children. In particular, domestic legislation criminalizing child recruitment
provides the foundation for a comprehensive approach in terms of prevention, prosecution and
responses to recruitment.
One of the key challenges related to preventing child recruitment is that social and cultural norms
can contribute to considering and treating children as adults. While the international legal framework
denes all individuals under 18 years of age as children, children under 18 are oen allowed to vote, get
married and own property. is means that they can easily be treated as adults in their communities.
Furthermore, as noted in the previous section, the Rome Statute uses the age of 15 (as opposed to 18) as
the threshold for declaring the conscription or enlisting of children into armed forces or armed groups to
be a war crime. ese discrepancies can enhance the perceived legitimacy of recruitment of children.
Another problem is that joining such groups is oen perceived as a voluntary choice, and the blame is
placed primarily on the child. is leads to the focus of public intervention shiing to the child, rather
Key challenges
• Stigmatization: practices such as “selective engagement” are based on the
assumption that certain individuals or groups are especially at risk of recruitment.
These methods are particularly concerning from a human rights perspective,
as they
tend to enhance discrimination and stigmatization of minority, ethnic, religious and
indigenous groups.
a
• Community support for terrorist and violent extremist groups.
• Children’s propensity to risk: children, especially adolescents, appear to engage in
risky behaviours more easily.
b
Heavy involvement
c
of children in terrorist and violent
extremist groups in part reflects that tendency.
• Cross-border movement: measures to prevent transnational travel to join terrorist and
violent extremist groups may disproportionally aect freedom of movement of citizens.
• Regulation of online content: challenges are related to the identication of violent
extremist content, and to the dissemination of valid alternatives.
• Leaving girls behind: strategies and policies targeting terrorism and violent
extremism are oen a male-dominated enterprise, both led by and addressed to men
and boys, oen overlooking the growing role of girls.
• Limited resources.
a
Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism (A/HRC/31/65), para. 37.
b
Agnieszka Tymula and others, “Adolescents’ risk-taking behavior is driven by tolerance to ambiguity”, Proceedings of
the National Academy of Sciences of the United States of America, vol. 109, No. 2 (2012).
c
Kumar Ramakrishna, “Understanding youth radicalization in the age of ISIS: a psychosocial analysis” (2016).
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
than being on the groups perpetrating the recruitment. In addition, it can also lead to further stigmatiza-
tion and, as a consequence, underreporting of recruitment cases (for fear of retaliation or punishment).
Clear prohibition of recruitment opposes social tolerance for such practices and creates the bound-
aries for stronger investment in prevention and protective measures for children. In addition, it fosters
the establishment of mechanisms for holding accountable those responsible for related violations. In
terms of operational guidance, the prohibition of child recruitment may be ensured by:
(a)
Eliminating limitations related to age. In accordance with the international legal framework,
prohibition of recruitment should be extended to all children under 18 years of age. is is in line with
the existing international consensus that childhood is entitled to special care and assistance (see article
25, paragraph 2, of the Universal Declaration of Human Rights (General Assembly resolution 217 A
(III)) and the preamble to the Convention on the Rights of the Child);
(b) Eliminating distinction on the basis of consent. e dierent recruitment methods and varied
proles of the children involved demonstrate that, in practice, it is extremely dicult to identify fully
voluntary recruitment processes. Furthermore, it would be very complicated from a legal point of view to
assess whether the child had the capacity to provide informed consent. Indeed, considering the power
imbalance between children and terrorist and violent extremist groups, which enjoy an organized struc-
ture with shared criminal objectives, the capacity of the child to provide consent should always be
regarded as hindered. In addition, given the extent of the prohibition of child recruitment, the distinction
between voluntary and forced recruitment becomes legally irrelevant. Finally, the primary objective of
prohibiting child recruitment is to support accountability of the perpetrators, and not to establish the
degree of responsibility of children. In consideration of the serious forms of violence and exploitation of
Case study: How criminalization of recruitment as a war crime has
supported the international prosecution of perpetrators
In the rst indictment before the International Criminal Court in 2005, the case of The
Prosecutor v. Joseph Kony and Others, Joseph Kony, the leader of the Lord’s Resistance
Army, was charged with 21 counts of war crimes, including forced enlisting of children.
The African Union, as well as various Governments, has ocially designated the Lord’s
Resistance Army as a terrorist group. Mr. Kony has been designated by the United
States of America as a Specially Designated Global Terrorist.
In the rst International Criminal Court trial, The Prosecutor v. Thomas Lubanga Dyilo,
Mr. Lubanga was found guilty on charges of enlisting and conscripting children under
the age of 15 and sentenced to 14 years of imprisonment. Ongoing proceedings before
the International Criminal Court are to determine the most adequate reparations for the
children recruited by Mr. Lubanga’s armed group.
In 2015, the International Criminal Court Prosecutor was considering charging Boko
Haram leaders with counts of war crimes, including recruitment and use of children
under the age of 15 years to participate in hostilities.
a
The case is currently at the
preliminary examination stage.
a
International Criminal Court, Oce of the Prosecutor, Report on Preliminary Examination Activities 2015,
para. 203.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
children that originate from such practice, targeting children for the purpose of recruitment should
always be prohibited, regardless of the aitudes of the child towards the group;
(c) Recognizing all roles played by children. Recruitment should not be considered as a violation
not only when it leads to the use of children in hostilities, but also when it leads to the exploitation of
children in support roles;
(d) Ensuring prohibition of recruitment by any group. Recruitment of children by any non-State
criminal or armed group should be clearly prohibited. Terrorist and violent extremist groups are merely
one type of entity that is recruiting and exploiting children, exposing children to the same forms of
exploitation and danger as other criminal groups and, in many instances, as armed groups. More speci-
cally, criminalization of child recruitment in national law
51
is instrumental to establishing accountability
of perpetrators. Prosecution and sanctions should reect the serious nature of recruitment of children,
taking into account both the potential consequences on the child’s life and the threats posed to the secu-
rity of the community. At the same time, appropriate criminalization facilitates access to justice for child
victims of recruitment (see chapter II below).
Finally, enlistment of children into States’ armed forces is also especially problematic, even when
voluntary. When children are exposed to risks by public institutions, the claim that they require special
protection and tailored measures is inevitably undermined, and recruitment by any other group
becomes legitimized.
An example of a denition of recruitment:
Elimination of distinction on the basis of age, consent, role and the type of group involved
can be achieved through an appropriate denition of recruitment.
e Principles and Guidelines on Children Associated with Armed Forces or Armed Groups
(also known as the Paris Principles) dene recruitment of child soldiers as compulsory, forced
and voluntary conscription or enlistment of children into any kind of armed force or armed group.
Child-sensitive approach
Prevention policies and programmes involving children should always adopt a child-sensitive
approach. is means that the specicities of this age group should be considered at the policy design
stage, as well as at the intervention stage.
First, policymakers and practitioners should ensure that children can participate in the development
of specic programmes and should ask for their opinions and involvement and make sure that their
voices are heard. In cases of intervention involving a child, however, the determination of the child’s best
interests will guide the selection of the most appropriate measures, as well as their implementation.
Psychological and behavioural characteristics also play a role. While contextual and individual
factors may help to provide an understanding of why children are aracted to terrorist and violent
extremist groups,
52
neuroscience, psychology and behavioural sciences may also provide relevant
insight. Decision-making processes, in fact, largely depend on a series of psychosocial capacities,
such as impulse control abilities, delay of gratication and resistance to peer pressure. Research
51
Specic forms of criminalization will depend on the domestic legal framework. In certain cases, recruitment of children
will constitute an oence per se; in other cases, it may be introduced as an aggravating circumstance to the existing oence of
recruitment. It is important that, when criminalizing recruitment, the guidance oered on how to dene the oence and comply
with the international legal framework is taken into account.
52
While children are internationally dened as individuals below 18 years of age, there is no internationally agreed upon de-
nition of youth. e United Nations, for statistical purposes, denes “youth”, as persons between the ages of 15 and 24 years,
without prejudice to other denitions by Member States. It is crucial to emphasize that the age groups dened as “children” and
“youth” oen overlap.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
shows that such capacities reside in areas of the brain whose development is not completed by ado-
lescence but continues through the third decade of life.
53
ese elements deeply inuence adoles-
cents’ behaviour and are especially relevant to the design of appropriate prevention policies.
53
Sara B. Johnson, Robert W. Blum and Jay N. Giedd, “Adolescent maturity and the brain: the promise and pitfalls of neuro-
science research in adolescent health policy”, Journal of Adolescent Health, vol. 45, No. 3 (2009).
Case study: Focus on child rights to prevent violent extremism—
the Viennese Network
The Viennese Network was founded in 2014 with the objective of protecting children and
youth from recruitment by terrorist and violent extremist groups and from generalized
marginalization. The Network is part of a comprehensive strategy put in place by the city
of Vienna to prevent the spread of violent extremism, addressed as a multifaceted
phenomenon that includes racism, anti-Semitism, sexism (and disregard for women’s
rights), homophobia and anti-democratic tendencies.
The existence of a broad strategy guarantees a cross-sectoral approach, as well as
substantial political and administrative support. At the same time, as the focus is on
children and youth, the Vienna Children’s and Youth Ombuds-Oce, a pre-existing
independent body charged with promoting the rights of children, serves as the
Network’s central coordination oce.
In the past few years, the Network has shared a number of “lessons learned” in the
area of prevention of violent extremism, including the following:
• The reasons why children and youth join terrorist and violent extremist groups are
individual and should be identied on a case-by-case basis. However, experience
has shown that neglect, abuse, violence, marginalization and discrimination play a
considerable role in many cases. The perception of injustice is especially strong for
children and can lead to a rejection of societal rules. Eective approaches entail
focusing on the prevention of child rights violations and violence.
• Strengthening options available to children, promoting critical thinking and tolerance
of diversity and resolving conflict have proved eective in building resilience.
• Specialization of human resources is crucial. It is widely recognized that a security
approach is not sucient to eectively counter terrorism, but preventive action also
requires appropriate resources to be eective. The Network focuses on providing
training to professionals (such as social workers, child protection ocers, police
ocers and teachers) not only on dierent forms of extremism, but also on
socialization and life opportunities for children.
• Prevention of violent extremism is a sensitive issue, attracting the work of multiple
stakeholders. Coordination is especially dicult because of data protection
limitations, as well as budget and time constraints. Stand-alone interventions may
prove to be ineective and in certain cases harmful. Investing in a system of
information exchange and collaboration is paramount.
• In order to prevent re-recruitment, it is especially crucial to focus on rehabilitating and
reintegrating individuals who have been in contact with the justice system, especially
as their number rises as a consequence of stricter counter-terrorism legislation.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Context matters: a brief analysis of “push factors” and “pull factors”
Understanding the motivations of the child in the recruitment process is especially important in
designing appropriate prevention measures.
54
In order to analyse the situation of child soldiers, condi-
tions under which children join such groups have been divided into two categories of drivers, “push
factors” and “pull factors”. at analysis remains equally relevant to the understanding of children
recruited by terrorist and violent extremist groups. In the Secretary-General’s Plan of Action to Prevent
Violent Extremism, emphasis is on the need to analyse these drivers to understand paerns and the
motivations of individuals joining groups.
55
“Push factors” can be dened as negative circumstances that the child tries to escape by joining the
group, while the “pull factors” represent the positive incentives, aracting the children to join the groups.
Examples of “push factors”
56
include the following:
• Poverty, marginalization, discrimination and a weakened social structure. ese are crucial factors
since
special risk groups, such as street children, the rural poor, refugee children and internally
displaced children may be particularly vulnerable to recruitment.
• Lack of protection, disruptive social contexts and experience of violence. Children who are le without
parents or families to look aer them are more vulnerable, especially in conict areas. At the same
time, parents are oen coerced into handing over their children; in other instances, parents may
“volunteer” their children for ideological reasons or material benets. Children who have experi-
enced violence, trauma and loss or who have been displaced from their communities also tend to
be more vulnerable to recruitment by violent extremist groups.
• Lack of a feeling of autonomy and identity. Children who feel disenfranchised and without any real
opportunities to achieve social success and those who may be searching for answers to the mean-
ing of life may in their personal search for identity be aracted by violent extremist groups.
• e notion of injustice (whether real or perceived), including because of disappointment with demo-
cratic processes, widespread corruption, police violence, and perceived or real discrimination.
• Lack of education and employment opportunities. ese represent crucial factors that may drive a
child to seek opportunities within the groups.
It is important to underline that “push factors” do not represent a direct causal link,
57
and careful
analysis should precede their identication with risk factors for recruitment. In order to strengthen
prevention measures tackling “push factors” directly, it is essential to invest in eective child protection
and welfare systems, education and measures to promote development and reduce social exclusion. In
that regard, policies and programmes designed to address child labour can be especially helpful.
58
While such measures are beyond the scope of the present Handbook, it is of crucial importance to
recall their signicance in reducing child recruitment rates by addressing the root causes. Examples of
“pull factors” include the following:
• Propaganda and indoctrination. ese have been extensively used to draw children into terrorist
and violent extremist groups, oen including messages that associate social status and prestige
with membership in the groups. Honour and prestige motives have also been particularly rele-
vant in the recruitment of suicide bombers.
54
Daya Somasundaram, “Child soldiers: understanding the context”, British Medical Journal, vol. 324, No. 7348 (2002), pp.
1268-1271.
55
While the Plan of Action does not address only children, it repeatedly highlights how children and youth are especially
vulnerable to recruitment by terrorist and violent extremist groups (Plan of Action to Prevent Violent Extremism: report of the
Secretary-General (A/70/674), para. 23).
56
See also “Plan of Action to Prevent Violent Extremism: report of the Secretary-General” (A/70/674), paras. 25-26.
57
Michael G. Wessells, Child Soldiers: From Violence to Protection (Cambridge, Massachuses, Harvard University Press,
2006), p. 46.
58
UNICEF, “Child labour and UNICEF in action: children at the centre” (2014).
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
• Revenge and indirect identication with victims of violence. ese may trigger anger and desire to
avenge the “enemy”. e diusion of graphic images of armed conict spread awareness of the
suering of civilians and combatants and may aect the psychological well-being of individuals
outside conict zones.
59
• Previous involvement in the justice system. For children and young people, this has also proved to
have a correlation with recruitment into terrorist groups. Joining a terrorist or violent extremist
group may be viewed as being “redemptive” or legitimizing the commission of criminal oences.
In either case, it may contribute to a sense of meaning, while oering the same as gang member-
ship: power, violence, adventure and a strong identity.
60
• Material inducements. ese are also used as positive incentives to aract new recruits.
Prevention measures to address “pull factors” require multiple approaches. ey should focus on
promotion of alternative narratives, but should also include support to families and communities to
foster inclusion, as well investment in educational and employment opportunities.
Support to families and inclusive communities
Families are particularly important in the prevention of child recruitment. Families can be the rst to
detect risks, and they can provide the necessary support to children, strengthening resilience. Dierent
services may prove useful in supporting families. Family counselling, for instance, focuses on assisting
the parents, helping them to maintain contact with their children. Experience shows that counselling
should not “instruct” the parents to challenge the beliefs of the child, but rather help them to avoid
being judgmental in their aitudes and promote open and healthy communication.
61
Hotlines can
help respond to crises in a timely way and are an example of multi-agency engagement, as dierent
actors may be called upon to respond according to the level of risk. Transparency about the function-
ing of the hotlines, in particular the rules of condentiality and the possible intervention of law
enforcement, is especially important. All interventions involving the families will require a solid basis
of trust, which requires consistency, clarity and respect for privacy and family life.
Local approaches to prevention are also important when they involve communities (i.e. groups
larger than the family unit). Engagement of members of the community is becoming increasingly
relevant to eorts to counter violent extremist and terrorist narratives, which have tended to promote
polarization by using an “us versus them” discourse. Resilience and inclusiveness can be strengthened
through a variety of measures, such as: promoting dialogue, and appropriate representation of minori-
ties; supporting local actors (involvement of teachers may be especially signicant) in conducting
activities that strengthen the active participation of citizens; promoting education and employment
opportunities; and empowering women as agents of change within the communities.
59
Samuel, “e lure of youth into terrorism”, pp. 109-113.
60
Rajan Basra, Peter R. Neumann and Claudia Brunner, “Criminal pasts, terrorist futures: European jihadists and the new
crime-terror nexus” (London, ICSR, 2016).
61
European Commission, Radicalisation Awareness Network, “N Policy Paper: developing a local prevent framework and
guiding principles” (November 2016).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Tailored messaging
Prevention of child recruitment by terrorist and violent extremist groups has focused on disseminating
tailored messages directed at potential targets, oen dened as counter-narratives. Such messages can
be categorized as composing a spectrum, responding to broader or more specic objectives.
Evidence shows that dierent factors can improve the eectiveness of messaging. ose factors
include:
(a) Involving the target groups when tailoring the messages;
(b) Focusing on rapid responses;
(c) Investing in sustained rather than sporadic campaigns;
(d) Producing emotional content rather than focusing exclusively on evidence;
(e) Strengthening the link between online and oine initiatives.
62
It is also important to ensure that such prevention campaigns include a gender perspective.
62
European Commission, Radicalisation Awareness Network, “N Issue Paper: counter narratives and alternative narra-
tives” (October 2015).
Engaging the community to strengthen resilience—excerpts from the
study “We Hope and We Fight: Youth, Communities and Violence in Mali”
a
Key ndings:
• Community support for armed groups encourages youth to engage in violence out of a
sense of duty or quest for respect.
• Youth cite experience with injustice—including abuses and corruption—as motivators
for joining anti-government armed groups.
• Many youth in armed groups and non-violent youth have high, but fragile,
expectations for the peace process.
Recommendations:
• Focus on preventing violence and strengthening protective factors at the community
level, rather than seeking to identify and target at-risk youth. The study entitled “We
Hope and We Fight: Youth, Communities and Violence in Mali” did not identify specic
attributes that put some individual youth at higher risk of participating in violence.
In fact, many youth in armed groups described deep social ties to others in their
communities, which suggests that they are not particularly marginalized. Therefore,
government and civil society actors should ensure that an approach involving the
entire community guides their interventions to prevent further violence.
• Facilitate improved local governance through better service delivery and inclusive
community- government decision-making. Because perceptions of exclusion have
contributed to community support of armed groups, improving governance processes
and outcomes should be a key long-term priority for the government and local and
international civil society actors.
• Identify and facilitate opportunities for youth to achieve status without engaging in
armed groups. The ndings of the study indicate that youth need non-violent ways to
gain status and recognition in their communities.
a
e study, which was published in July 2017 (available at www.mercycorps.org/), is based on qualitative research and
direct interviews. While all respondents are over 18 years of age, they include previous members of groups that are listed
as terrorist organizations (such as the Movement for Unity and Jihad in West Africa or Al-Qaida in the Islamic Maghreb).
e recommendations are relevant to broader prevention strategies.
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Online intervention
Prevention measures that focus on online content usually have a twofold objective. One possible
approach focuses on the identication and removal of content that can be used for the purposes of
child recruitment. Such strategies require partnership with Internet providers and social media plat-
forms and have been employed for removal of child pornography and hate speech.
63
However, such
strategies must follow precise guidelines and be specically targeted, as the identied content is oen
not illegal. According to the Human Rights Commiee, any measure taken to prevent or remove mes-
sages communicated through the Internet or other forms of technology constitute an interference with
the right to freedom of expression and must be justied.
64
At the same time, online strategies have focused on the dissemination of alternative and counter-
narratives. anks to the cooperation of social media platforms and online service providers, mecha-
nisms can be put in place so that individuals who may be seeking terrorist and violent extremist content
are redirected towards media providing messages countering the propaganda of terrorist and violent
extremist groups.
63
Rachel Briggs and Tanya Silverman, “Western foreign ghters innovations in responding to the threat” (London, Institute
for Strategic Dialogue, 2014), p. 22.
64
Human Rights Commiee, general comment No. 34 (2011) on art. 19: freedoms of opinion and expression, para. 46, cited
in “Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while
countering terrorism” (A/HRC/31/65, para. 40).
Case study: The counter-messaging spectrum
a
• Strategic communications. These indirectly challenge te rrorist and violent extremist
narratives by setting out government policies and correcting misinformation;
• Alternative narratives. Such narratives provide testimonies or stories that emphasize
the importance of social values such as tolerance and democracy;
• Counter-narratives. Such narratives directly discredit, deconstruct or challenge
terrorist and violent extremist messages and content.
a
European Commission, Radicalisation Awareness Network, “N Issue Paper: counter narratives and alternative
narratives” (October 2015).
Case study: Cooperation with service providers for the diusion
of alternative narratives—Google’s Redirect Method
Google’s technology subsidiary Jigsaw has launched an innovative counter-narrative
blueprint known as the Redirect Method (www.redirectmethod.org), which operates by
displaying advertisements that link to YouTube playlists in Arabic or English that subtly
counter ISIL propaganda when certain pro-ISIL keywords are typed into Google search.
The 116 videos used include depictions of ISIL being defeated by other troops, what life is
like in ISIL territory (for example, seemingly endless queues to receive food) and how ISIL
ideology is in contradiction with Islam.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Although many countries have lower rates of Internet access and literacy, children in those coun-
tries may still be subject to terrorist and violent extremist propaganda through other means, such as
radios, newspapers and public rallies. Moreover, evidence of recruitment processes shows that, while
terrorist groups may be very active online, such contact does not completely replace recruitment
through human interaction. It is thus important that counter-narrative strategies are advanced not only
online but also oine.
Cross-border cooperation to prevent travel
Prevention measures include timely identication of individuals, including children, who are crossing
national borders to join terrorist and violent extremist groups. Eective cross-border cooperation
between law enforcement agencies entails: appropriate databases and tracing systems (such as data-
bases and systems for tracing lost or stolen documents, stolen motor vehicles, DNA and ngerprints;
and mechanisms for tracing weapons); focal points and communication mechanisms across borders;
and systems of notication to alert authorities worldwide to possible terrorist threats, such as the
colour-coded system operationalized by the International Criminal Police Organization.
65
Cooperation between law enforcement agencies and nancial institutions can be particularly help-
ful in identifying “red-ag” nancial activities.
66
ose forms of cooperation, however, should be based
on respect for personal liberties, privacy and data protection requirements.
Protective role of family law
When children are in immediate danger of becoming involved in terrorist and violent extremist groups,
family law can be used for the prevention of their recruitment. However, these measures oen entail
the removal of the child from his or her family and connections and, consequently, have considerable
potential for secondary victimization. ey should be adopted only in exceptional cases, with appro-
priate justication that takes into account the child’s best interests.
65
For further details, see INTERPOL, “Best practices in combating terrorism” (2016), pp. 7 and 8.
66
Tom Keatinge, “Identifying foreign terrorist ghters: the role of public-private partnership, information sharing and
nancial intelligence” international centre for counter-terrorism” (e Hague, International Centre for Counter-Terrorism,
2015), p. 37.
Case study: Family courts’ role in preventing recruitment and travel—a
study involving the High Court Family Division in the United Kingdom of
Great Britain and Northern Ireland
In the United Kingdom of Great Britain and Northern Ireland, the Children Act of 1989, as
well as common law, enshrines the duty of the State to protect children. Section 1(3) of
the Children Act specically provides that in child protection cases, the best interests of
the child are to be treated as the paramount concern. The High Court Family Division is
the specialist division dealing with civil cases relating to children. Here judges are able to
exercise their inherent jurisdiction to make the child a ward of court, meaning that the
Court assumes parental responsibility. As it removes the rights of a parent to make
decisions about his or her child, such power is to be used only when strictly necessary
for the protection of the child.
The use made of the inherent jurisdiction to prevent recruitment is illustrated by the case
of Re M in 2015.
a
The parents of four children, all of whom were British citizens, aged
CHAPTER 1. STRATEGIES FOR PREVENTING RECRUITMENT OF CHILDREN BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Building a multi-agency approach
In view of the complexity of child recruitment by terrorist and violent extremist groups, a multi-agency
approach is especially relevant. e creation and management of coordination mechanisms will be
more eective if the following are taken into account:
67
(a) Priority should be given to building partnerships at the local level, as a thorough under-
standing of the local situation is instrumental to tailored intervention;
(b) Existing partnerships are particularly relevant, although additional guidelines and training
may be necessary;
(c) Involvement of civil society is conducive to stronger relationships of trust with the
communities;
(d) Clear guidelines on information-sharing, including with regard to consent, should be
developed, as they will improve reciprocity;
(e) e involvement of experts and the development of needs assessment tools are especially
important when dealing with children;
(f) A case manager should be appointed, using dierent criteria such as the level of risk of a
specic situation, but also taking into account the level of relationship developed with the beneciary.
Multi-agency interventions combine dierent types of relevant expertise, and at the same time rely
on dierent types of incentive for the target groups.
Monitoring, evaluation and follow-up
Monitoring and evaluation of prevention measures are especially important in the case of measures
dealing with recruitment by terrorist and violent extremist groups. Recent developments show that
comprehensive evaluations of the eectiveness of such measures are still insucient. Dierent inter-
ventions will require specic criteria for measuring eectiveness. Accurate monitoring and evaluation
are essential to ensure long-term support of promising programmes.
67
e positive elements were featured in European Commission, Radicalisation Awareness Network, “Ex post paper: handbook on
how to set up a multi-agency structure that includes the health and social care sectors?”(May 2016).
from 20 months to 7 years, le home abruptly. The police and the counter-terrorism unit
believed the parents intended to join ISIL. The High Court made the children wards of
court and ordered their return from Turkey because the use of jurisdiction in cases
where the risk of harm to the child was of the type that would engage article 2 or 3 of
the European Convention for the Protection of Human Rights and Fundamental
Freedoms—the risk to life or risk of degrading or inhuman treatment—was clearly
unproblematic. In exercising its jurisdiction, the Court noted that it had always been the
principle of the Court not to risk the incurring of damage to children that it could not
repair, but rather to prevent the damage done.
b
In other cases, the Court has made the child a ward of court and issued a passport
seizure order, to prevent children from leaving the country.
c
a
Royal Courts of Justice, [2015] EWHC 1433 (Fam).
b
Wellesey v. Duke of Beaufort (1827) 2 Russ 1, at 18 per Eldon LC.
c
See London Borough of Tower Hamlets v. M [2015] EWHC 869 (Fam); and Re Z [2015] EWHC 2350 (Fam) and
Brighton and Hove City Council v. Y [2015] EWHC 2099.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Importance of respecting children’s rights, including in the context of
tertiary prevention
Tertiary prevention is the term used to describe approaches to the prevention of reoending by chil-
dren who have already been in contact with the justice system as alleged oenders. Whether children
have come in conict with the law as a result of their involvement with terrorist or violent extremist
groups or as a result of having commied ordinary oences, eectively supporting their rehabilitation
and social reintegration is essential to preventing their recruitment. (For further guidance on rehabili-
tation and reintegration of children in contact with the justice system, see chapter IV below.)
Checklist for practitioners: keyelements
• The international legal framework prohibits recruitment of children and calls on
States to do the same.
• For the prohibition of recruitment of children by terrorist and violent extremist
groups to be eective, “recruitment of children” should be dened in national law
as: concerning all children under the age of 18; including “compulsory” as well as
“voluntary” processes; including children recruited for active or support roles; and
including recruitment by armed forces or any non-State criminal or armed group.
• States bear the primary responsibility to protect children from recruitment by
terrorist and violent extremist groups.
• While prevention of child recruitment by terrorist and violent extremist groups
require specialized approaches (including strategies for the prevention of violent
extremism), these should be integrated into broader crime prevention policies and
programmes to protect children from violence and policies and programmes on the
prevention of violence against children. Inclusive initiatives are more likely to avoid
having discriminatory or stigmatizing eects on the children.
• Prevention policies and programmes should focus on dierent areas of intervention,
but they should all be based on a child-sensitive approach, which entails active
participation of children, and careful determination of their best interests.
Child victims of
recruitment and exploitation:
their treatment in
the justice system
Chapter 2
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
A. Recognizing as victims children recruited and
exploited by terrorist and violent extremist groups
Terrorist and violent extremist groups are responsible for major violations of children’s rights. While
the nature and extent of such violations vary considerably from one group to another, there is evidence
that groups such as Boko Haram, Al-Shabaab and ISIL have, in situations of armed conict, perpe-
trated the following grave violations that aect children: the recruitment and use of children, sexual
violence against children, the killing and maiming of children, denying access to humanitarian sup-
port, aacks on schools and/or hospitals and aacks or threats of aacks against protected personnel,
and the abduction of children.
68
In addition, in situations not involving armed conict, children recruited and exploited by terrorist
groups are victims of violence, which is prohibited by the Convention on the Rights of the Child, and
in many cases those children subsequently become victims of tracking in persons and forced labour,
as well as victims of oences under other criminal laws.
Children recruited and exploited by terrorist and violent extremist groups may also have been
involved in the commission of very serious oences. eir status as victims under international law has
to be taken into account in assessing whether they can and should be held accountable for the commis-
sion of oences. However, recognition of their victim status does not exclude criminal liability and
other forms of accountability of children alleged to have commied terrorist oences. e treatment
of children as alleged oenders, including the relationship between victim status and criminal liability,
is the subject of chapter III of this Handbook.
Children recruited and exploited by terrorist and violent extremist groups, who are victims of crime
or violence, will primarily require assistance, support and appropriate care to begin their journey
towards reintegration (see chapter IV below). ose children are mainly supported by providers of
humanitarian assistance, providers of child protection, health practitioners and professionals in the
education sector. Yet their initial contact may take place with law enforcement, security or military
personnel, who require specic skills to properly deal with those children.
When children are recognized as victims and witnesses to terrorism-related oences, they may
enter in contact with the justice system in order to take part in criminal proceedings against alleged
terrorists or to seek redress or reparation. In such situations, recognizing their specic rights and applying
tailored guidance for their treatment are crucial obligations of domestic justice systems (see sections B
and C of this chapter).
Recognizing the victim status of children associated with armed groups is also important because it
provides acknowledgement that they have suered a wrong and, as discussed in more detail below, it
may entitle them to reparation, compensation and/or victim support services.
. International legal framework
e present section provides a broad outline of the key violations of international law that children
recruited and exploited by terrorist and violent extremist groups are at risk of experiencing.
68
Children and armed conict: report of the Secretary-General (A/70/836-S/2016/360), paras. 1 and 119 and annex I.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
Convention on the Rights of the Child
International law, in particular article 19 of the Convention on
the Rights of the Child, prohibits all forms of violence against
children, including: physical or mental violence; intentional
and non-intentional harm; and neglect (see chapter I, section
B, above).
States parties to the Convention have agreed to take steps to
promote the physical and psychological recovery and social reinte-
gration of child victims and witnesses. is obligation stems from
article 39 of the Convention and applies to assistance and support
measures in general and to the conduct of criminal proceedings in
particular. Child witnesses are considered, in a general sense, to be
victims of the crime they have witnessed, even though they may
not have this technical legal status in legal proceedings. erefore,
both child victims and child witnesses in contact with the justice
system benet from the protection provided in article 39 of the
Convention. In addition, article 38 requires States parties to take
all feasible measures to ensure protection of children who are
aected by armed conict.
Children recruited and exploited by terrorist and violent extremist groups may also be victims of
violations of two optional protocols to the Convention on the Rights of the Child:
(a) e Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conict, article 4 of which provides a blanket prohibition of the recruitment and use of
children by non-State armed groups in hostilities (see chapter I, section B.1, above);
(b) e Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography;
69
this Optional Protocol criminalizes actions relating to the
sale of children, child prostitution and child pornography. While these actions amount primarily to vari-
ous forms of sexual exploitation of children, this Optional Protocol also addresses the sale of children for
other purposes, including forced labour.
United Nations Global Counter Terrorism Strategy
e General Assembly, in its resolution 70/291, on the United Nations Global Counter-Terrorism
Strategy Review, strongly condemned the systematic recruitment and use of children to perpetrate
terrorist aacks. e Assembly reiterated that, given their potential status as victims of terrorism as
well as of other violations of international law, every child alleged as, accused of or recognized as having
infringed the law, particularly those who are deprived of their liberty, as well as child victims and wit-
nesses of crimes, should be treated in a manner consistent with his or her rights, dignity and needs, in
accordance with applicable international law, in particular obligations under the Convention on the
Rights of the Child.
International law regarding tracking in persons and child labour
In article 5, the Tracking in Persons Protocol obliges each State party to adopt measures to criminal-
ize “tracking in persons”, which is dened in subparagraph (a) of article 3 as the recruitment, trans-
portation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other
69
United Nations, Treaty Series, vol. 2171, No. 27531.
Convention on the Rights of the
Child:
article 39
States Parties shall take all appropriate
measures to promote physical and
psychological recovery and social
reintegration of a child victim of: any form
of neglect, exploitation, or abuse; torture or
any other form of cruel, inhuman or
degrading treatment or punishment; or
armed conflicts. Such recovery and
reintegration shall take place in an
environment which fosters the health,
self-respect and dignity of the child.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulner-
ability or of the giving or receiving of payments or benets to achieve the consent of a person having
control over another person, for the purpose of exploitation. In subparagraph (c) of article 3, it is stated
that the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploi-
tation shall be considered “tracking in persons” even if this does not involve any of the means set
forth in subparagraph (a) of that article. In subparagraph (d) of article 3 of the Protocol (as in the
Convention on the Rights of the Child), a child is dened as any person under 18 years of age. us,
whether a child who has been involved with a violent extremist group is to be considered a victim of
tracking in persons, with the special safeguards and rights that this may provide to the child, depends
on whether the extremist group has commied an act (in the form of recruitment, transportation,
transfer, harbouring or receipt of a child) for the purpose of exploitation. In the denition of “track-
ing in persons” provided in article 3, subparagraph (a), of the Tracking in Persons Protocol, it is
stated that exploitation shall include, at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs. Many States have recognized emerging forms of tracking-related
exploitation that go beyond those listed in the Protocol, including for instance, the use of children in
armed conict or exploitation in form of criminal activities.
70
Children recruited and exploited by terrorist groups will in most cases also be victims of a violation of
the Worst Forms of Child Labour Convention, 1999 (No. 182), of the International Labour Organization.
In article 3 of the Convention, it is stated that, for the purposes of the Convention, the term “the worst
forms of child labour” comprises: (a) all forms of slavery or practices similar to slavery, such as the sale
and tracking of children, debt bondage and serfdom and forced or compulsory labour, including forced
or compulsory recruitment of children for use in armed conict; (b) the use, procuring or oering of a
child for prostitution, for the production of pornography or for pornographic performances; (c) the use,
procuring or oering of a child for illicit activities, in particular for the production and tracking of drugs
as dened in the relevant international treaties; and (d) work which, by its nature or the circumstances in
which it is carried out, is likely to harm the health, safety or morals of children. e work referred to in
subparagraph (d) certainly includes work furthering the activities of a terrorist group.
e Security Council, in its resolution 2331 (2016), highlighted the very close relationship between
tracking in persons, child recruitment by armed groups and child exploitation by terrorist groups. In
that resolution, the Council condemnedall violations and abuses against children in armed conict
and notedin particularthat the recruitment and use of children in violation of applicable international
law by parties to armed conict could be associated with tracking in persons. e Council armed
that victims of tracking in persons in all its forms, and of sexual violence, commied by terrorist
groups should be classied as victims of terrorism, with the purpose of rendering them eligible for
ocial support, recognition and redress available to victims of terrorism, so that they can have access
to national relief and reparation programmes, which should contribute to liing the sociocultural
stigma aached to this category of crime and facilitate rehabilitation and reintegration eorts; thus, the
Council extended the benets provided to victims of terrorism to victims of tracking and sexual
violence commied by terrorist groups.
International humanitarian law
As mentioned in chapter I, section C, above, article 4, paragraph 3, of Protocol II to the Geneva
Conventions prohibits recruitment of children under the age of 15 by non-State armed groups.
Article 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of
70
See UNODC, e Concept of “Exploitation” in the Tracking in Persons Protocol (Vienna, 2015).
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
children in armed conict expands this prohibition to include the recruitment and use of children
under the age of 18 by non-State armed groups in hostilities.
e monitoring and reporting mechanism on grave violations against children in situations of
armed conict, which was established pursuant to Security Council resolution 1612 (2005), addresses
six grave violations against children in armed conict. In its resolution 1379 (2001), the Council called
upon the Secretary-General to aach to his annual report on children and armed conict a list of par-
ties to armed conict that recruited or used children in violation of the international obligations appli-
cable to them or in situations on the Council’s agenda. In its resolution 1882 (2009), the Council
added to the list those parties to armed conict that engaged in the killing and maiming of children
and/or rape and other forms of sexual violence against children in situations of armed conict; and
pursuant to Council resolution 1998 (2011), parties engaging in aacks on schools and/or hospitals
were added to the list. In addition, pursuant to article 35 of the Convention on the Rights of the Child,
the abduction of children was included as a criterion for listing; and pursuant to article 23 of the
Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August
1949,
71
the denial of humanitarian access to children was also included as a criterion.
International criminal law
In the Rome Statute of the International Criminal Court, the denition of “war crimes” includes con-
scripting or enlisting (i.e. recruiting) children under the age of 15 into an armed group or their use in
hostilities (article 8, para. 2, subparas. (b) (xxvi)and (e) (vii)).e denition of “war crimes” also
includes commiing rape, sexual slavery, enforced prostitution and forced pregnancy (article 8, para. 2,
sub paras. (b) (xxii)) and (e) (vi)).
In addition, in the Rome Statute, the denition of “crimes against humanity” includes rape, sexual
slavery, enforced prostitution and forced pregnancy when commied as part of a widespread or system-
atic aack directed against any civilian population, with knowledge of the aack (article 7, para. 1 (g)).
. Ensuring respect of the rights of children as victims
According to the provisions of the international legal framework, children recruited and exploited by
terrorist and violent extremist groups are victims of multiple violations of their rights. Yet the full
application of their rights as victims is oen curtailed in practice. Accordingly, the present section pro-
vides guidance related to two key aspects. e rst one is related to child-sensitive age assessment
72
and the second one is related to the recognition of the legal status (as victims) of children recruited and
exploited by terrorist and violent extremist groups. ese two elements constitute the fundamental
preconditions for the enjoyment of all the rights of child victims, which are analysed further in the
remaining sections of the present chapter.
Child-sensitive age assessment
Particularly in States with low birth registration, the determination of the correct age of a child may
pose a challenge to authorities. When children are not recognized as such because of diculties related
to age assessment, they may face very serious consequences. Children without documents to prove
their age, for instance, are more vulnerable to being treated as adults rather than children in criminal
proceedings and when seeking international protection as asylum seekers.
71
United Nations, Treaty Series, vol. 75, No. 973.
72
e need for child-sensitive age assessment procedures in the context of terrorism is recognized in the UNODC Counter-Terrorism
Legal Training Curriculum (see Module 4: Human Rights and Criminal Justice Responses to Terrorism, p. 60).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
When assessing the age of a child, authorities must take into consideration all the information
available. Alternative approaches, such as interviews and aempts to gather documentary evidence,
may be the preferred option. Medical and physical age assessment methods, such as examining bone
X-rays, measuring height or checking for signs of the onset of puberty, should be used only as a last
resort in cases where there is reason to doubt the age of the child and where every other approach
has failed. Whenever such methods are employed, they should be carried out only by medical
practitioners, and a wrien record of the age assessment procedure must be kept, a copy of which
must be made available to the child.
e dignity of the child must be respected at all times. erefore, the least invasive method of age
assessment must be used in order to comply with international human rights standards. An age assess-
ment procedure should be gender-appropriate and multidisciplinary and should be carried out by
independent professionals with appropriate expertise in and familiarity with the child’s ethnic and cul-
tural background. Physical, developmental, psychological, environmental and cultural factors must be
considered. It is important to recognize that the assessment of a child’s age is not an exact science. It is
a process within which there will always be an inherent margin of error, and a child’s exact age cannot
be established through medical or other physical examinations.
73
In case of doubt, pending a conclusive determination of age by a judge or competent authority,
public ocials must treat the young person as a child if he or she claims to or appears to be younger
than 18. Where an age assessment fails to determine the age of a person beyond reasonable doubt, the
person must be regarded as a child. In cases where there is doubt about whether an alleged oender is
a child or an adult (i.e. under or over the age of 18), the alleged oender must be considered a child
and his or her case must fall within the scope of juvenile justice law.
74
Recognizing as victims children recruited and exploited by terrorist and
violent extremist groups
Children recruited and exploited by terrorist and violent extremist groups will oen face increased chal-
lenges upon returning home because their communities are likely to view them as suspicious or even dan-
gerous. In view of their association with terrorist and violent extremist groups, such children are primarily
suspected of being perpetrators (or potential perpetrators) of terrorist oences rather than victims.
Acknowledgment of the victim status of such children is a precondition for them having access to
their rights as victims of crime, including the right to reparations and rehabilitation measures, and may
assist them in their eorts to achieve reconciliation with their communities. Dierent situations might
lead to the recognition of the child as being a victim of dierent types of crime. For example, in certain
contexts, acts commied against children by terrorist and violent extremist groups may qualify as the
crime of tracking in persons.
73
Terry Smith and Laura Brownlees, “Age assessment: a literature review and annotated bibliography” (New York, UNICEF,
2011). Available at www.unicef.org/protection/Age_Assessment_Practices_2010.pdf.
74
See UNODC, Justice in Maers Involving Children in Conict with the Law: Model Law on Juvenile Justice and Related
Commentary (Vienna, 2013). Available at www.unodc.org/.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
Concerning the intended exploitation of children, this can take several forms. In addition to more
classic forms of exploitation such as sexual exploitation and forced labour, terrorist groups can force
children to be involved in criminal activities as perpetrators or accomplices or in support roles (such as
cooks, messengers and lookouts). For example, the recently reported use of children in suicide bomb
aacks in Nigeria could be considered a form of exploitation of children and thus tracking in per-
sons.
75
ese forms of exploitation could be treated as a manifestation of forced labour or services or
even be covered by specic criminal provisions in countries that have enacted legislation criminalizing
tracking for the purpose of exploitation in criminal activities.
76
In cases of tracking in children by terrorist and violent extremist groups, the tracked children
should be treated and aorded protection as victims of tracking in persons. An important element of
the victim protection framework is non-punishment of victims of tracking for oences they have
commied as a result of their tracking experience (see chapter III below).
e Security Council, in its resolution 2331 (2016), called upon Member States to ensure that vic-
tims are treated as victims of crime and in line with domestic legislation not penalized or stigmatized
75
Report of the Secretary-General on children and armed conict in Nigeria (S/2017/304); and UNICEF, “Use of children
as ‘human bombs’ rising in north east Nigeria”, press release, updated 22 August 2017. Available at www.unicef.org/media/
media_100686.html.
76
See, for example, Morocco, art. 448.1, para. 3, of the Penal Code, as amended by Law No. 27-14 relating to tracking in
persons.
Denition of “tracking in persons” according to the Protocol to
Prevent, Suppress and Punish Tracking in Persons, Especially Women
and Children, supplementing the United Nations Convention against
Transnational Organized Crime
In article 3 of the Tracking in Persons Protocol, it is stated that:
(a) “Tracking in persons” shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms
of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benets to achieve the
consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of tracking in persons to the intended exploitation set
forth in subparagraph (a) of this article shall be irrelevant where any of the means set
forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered “tracking in persons” even if this does
not involve any of the means set forth in subparagraph (a) of this article;
(d) “Child” shall mean any person under 18 years of age.
Thus, according to the Protocol, the recruitment, transportation, transfer, harbouring or
receipt of a child (i.e. a person under 18 years of age) for the purpose of exploitation is
considered “tracking in persons”.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
for their involvement in any unlawful activities in which they have been compelled to engage. In the
same resolution, the Council armed that victims of tracking in persons in all its forms, as well as
victims of sexual violence, commied by terrorist groups should be classied as victims of terrorism in
order to render them eligible for ocial support, recognition and redress available to victims of terror-
ism, in the form of access to national relief and reparations programmes, thereby contributing to eorts
aimed at liing the sociocultural stigma aached to that category of crime and facilitating rehabilita-
tion and reintegration eorts.
In the same resolution, the Security Council emphasized that survivors of tracking in persons
should benet from relief and recovery programmes, including health care, psychosocial care, safe
shelter livelihood support and legal aid and that services should include provision for women with
children born as a result of wartime rape, as well as men and boys who may have been victims of sexual
violence in conict, including when it is associated with tracking in persons in armed conict.
Regardless of the crime commied against a child by a terrorist or violent extremist group, it is
important for all involved, not only government authorities but also communities and families, to be
mindful of the need for, and proactively foster, recognizing as victims, in particular as victims of terror-
ism, all children recruited and exploited by terrorist groups. Every reparation programme for victims of
terrorism should consider this dimension and provide adequate redress for the aected children (see
section C.2 of the present chapter).
Checklist for practitioners: keyelements
• Under international law, the recruitment and exploitation of children by terrorist and
violent extremist groups constitute multiple violations of their rights.
• The international legal framework strongly prohibits violence against children, as
well as their exploitation for illicit activities and armed conflict, enslavement and
sexual abuse.
• When dealing with child victims of violence and crime, professionals should be
mindful of those children’s specic rights and trained to provide appropriate
assistance.
• Medical age assessment should be used as a measure of last resort, where there is
reasonable doubt about a person’s age and where other approaches have failed to
establish the person’s age. It should be conducted without any delay, using the least
invasive method, by independent professionals with appropriate expertise. Where
uncertainty persists regarding whether a person is under the age of 18, the person
should be treated as a child. The same applies to cases where there is doubt about
a child being under the minimum age of criminal responsibility.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
B. Protecting child victims and witnesses during
investigations and trials
Traditionally, the criminal justice system is more focused on the relation between the State and the
accused than on the role of victims. e issue of the role and rights of victims and their participation in
the proceedings is especially delicate when the victims are children. Child victims and witnesses oen
take part in criminal proceedings in which the defendants are adults, a situation that can lead to the
children being subjected to lengthy and sometimes hostile questioning or direct confrontation with
the alleged perpetrators. Such practices contribute to secondary victimization as a result of the chil-
dren coming in contact with the justice system. Secondary victimization is victimization that occurs
not as a direct result of the criminal act causing harm to the victim but through the response of institu-
tions and individuals to the victim.
77
As mentioned earlier, children recruited and exploited by terrorist and violent extremist groups are
especially likely to experience the health and psychosocial consequences of extreme violence. ey
also have a particularly high risk of experiencing retaliation. erefore, while their right to participate
in criminal proceedings should be protected, practitioners need to take measures to prevent their
exposure to further violence in the course of the criminal proceedings.
Justice professionals face numerous challenges during direct interaction with children. Establishing
open channels of communication with children and gaining their trust requires the use of an approach
that is dierent from the one used in dealing with adults. Inappropriate aitudes can easily lead to
blockages. Children who have suered violence, for example, may be prone to having feelings of
mistrust, isolation, or lack of condence towards authorities.
is heightened vulnerability of child victims of violence may be exacerbated by a number of
factors that oen aect victims of terrorist crimes:
(a) Acts of terrorism may be oences that occur on a large scale, may involve multiple perpe-
trators and victims and may result in mass physical and psychological injury. Authorities may therefore
have diculties in giving aention to individual victims;
(b) ere is a risk that authorities may perceive primarily the political dimension of acts of
terrorism and neglect the impact on and needs of the individual victims;
(c) Finally, victims and survivors of terrorist acts may be particularly exposed to intimidation and
retaliation. As noted in the Madrid Memorandum on Good Practices for Assistance to Victims of
Terrorism Immediately aer the Aack and in Criminal Proceedings, this risk requires specic legal and
policy protections for victims participating in the criminal justice process, including as witnesses.
78
e section below provides guidance on how to ensure that the participation in criminal proceed-
ings of children who have been recruited by terrorist and violent extremist groups takes into account
their needs, in particular their safety, and at the same time minimizes any further hardship. It includes
a discussion of the rights of child victims and witnesses in the international legal framework and
suggests a number of strategies to promote their appropriate treatment.
77
Recommendation Rec (2006) 8 of the Commiee of Ministers to member States on assistance to crime victims, adopted
by the Commiee of Ministers of the Council of Europe on 14 June 2006.
78
Global Counterterrorism Forum, “Madrid Memorandum on Good Practices for Assistance to Victims of Terrorism
Immediately aer the Aack and in Criminal Proceedings”, Good Practice 6. Available at hps://toolkit.thegctf.org/document-
sets/madrid-memorandum.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Child victims and witnesses may also take part in, or seek redress through, non-judicial processes.
While such processes may be more accessible to children in certain contexts or constitute a more
appropriate forum for children’s participation, specic measures to ensure their adaptation to the
rights and needs of the child should be in place (see chapter IV, section B, below).
. Standards and norms related to the rights of child victims
and witnesses
Providing assistance to child victims and witnesses throughout justice proceedings means respecting
and puing into practice their specic safeguards. ese have mostly been developed within inter-
national normative instruments that are not legally binding. In particular, it is important to take into
account provisions contained in the following legal instruments: the Guidelines on Justice in Maers
involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20,
annex); the Guidelines for Action on Children in the Criminal Justice System (Council resolution
1997/30, annex); the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power (General Assembly resolution 40/34, annex);
79
and the United Nations Model Strategies and
Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention
and Criminal Justice (Assembly resolution 69/194, annex).
79
Other guidance, including, for example, the International Association of Prosecutors Model Guidelines for the Eective
Prosecution of Crimes against Children, also instructs those within the justice system on how to work in a child-friendly manner
with children who are in contact with the criminal law system as victims and/or witnesses.
Key challenges
• Enhanced risks of victimization and retaliation by terrorist and violent extremist groups
• Resistance of the child and mistrust of public authorities
• Inability of the child to recall events in detail and chronological order
• Intimidating attitudes of practitioners and disregard of child-appropriate language
• Biological, personal or loyalty relationship between the child and the accused
• Insucient coordination leading to repeated interviewing of children
• Lack of mechanisms to ensure that information is provided to the child concerning
his or her rights procedures and requirements
• Delays in the proceedings
• Lack of an environment such as an interview room or court setting adapted to the
needs of the child
• Lack of coordination with child protection and welfare actors to ensure appropriate
supervision and assistance when dealing with child victims
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
International standards and norms related to the rights
of victims
e Guidelines on Justice in Maers involving Child Victims and
Witnesses of Crime clarify the key principles for the treatment of
child victims in the framework of justice processes. In particular,
they reiterate the universal validity of the right to non-discrimination
and the right to be treated with dignity and compassion.
80
e laer
entails adapting procedures to a child individual needs.
e Guidelines on Justice in Maers involving Child Victims and
Witnesses of Crime also highlight two key components of the prin-
ciple concerning the best interests of the child:
(a) e decisions taken should ensure protection of the child;
(b) Public actors are responsible for taking actions that favour
the healthy development and rehabilitation of children.
e connection between the right to participation and the right
to be informed is also stressed in the Guidelines (paras. 19 and 20).
In order to take an active part in the justice proceedings, child vic-
tims and witnesses should, from the beginning, be promptly and
adequately informed of the rules of the justice process, the support
services available and the progress of the case.
Furthermore, dierent rights of child victims and witnesses are
especially important in terms of the protection and security they
oer. ese include:
(a) e right to privacy (the Guidelines, paras. 26-28). is establishes the need to protect rele-
vant information relating to a child’s involvement in the justice process, including from the press;
(b) e right to safety (paras. 32-34). is provides for a variety of measures to ensure protec-
tion of the child, including obligations to report risks or instances of harm, prior, during, and aer the
justice process;
(c) e right to special preventive measures (paras. 38-39). is recognizes the need for special strat-
egies for child victims and witnesses who are particularly vulnerable to recurring victimization or
oending.
In addition, the Guidelines highlight the right of children to access eective assistance (paras. 22-25) at
all stages, as well as the right of child victims to receive reparation (paras. 35-37) (see also section C below).
e United Nations Model Strategies on Violence against Children stress the need to take appropri-
ate measures against the alleged perpetrators; this is part of the justice system’s responsibility to protect
the child victim, and it includes empowering authorities:
(a) To initiate investigations in cases of violence against children, regardless of whether an
ocial complaint has been led (para. 22 (a));
(b) To issue relevant protection measures to ensure the safety of the child (para. 20);
(c) To duly inform the child and his or her family whenever a decision is taken related to the
alleged perpetrator or perpetrators (para. 22 (h));
(d) To ensure that the sentencing of perpetrators reects the serious nature of violence against
children (para. 27).
80
Convention on the Rights of the Child, art. 39; Guidelines on Justice in Maers involving Child Victims and Witnesses of
Crime, paras. 8 (a) and 10-14; and Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, para. 4.
Excerpts from the Guidelines on
Justice in Matters involving Child
Victims and Witnesses of Crime
V. The right to be treated with dignity
and compassion
…
11.
Every child should be treated as
an individual with his or her individual
needs, wishes and feelings.
…
14.
All interactions described in
these Guidelines should be conducted
in a child-sensitive manner in a
suitable environment that accommo-
dates the special needs of the child,
according to his or her abilities, age,
intellectual maturity and evolving
capacity. They should also take place
in a language that the child uses and
understands.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
International criminal law
e Rome Statute includes provisions for the participation of victims and witnesses in international
criminal proceedings. In article 68, on protection of the victims and witnesses and their participation
in the proceedings, it is stated that appropriate measures must be taken to protect the safety, physical
and psychological well-being, dignity and privacy of victims and witnesses, having due regard to all
relevant factors, including the nature of the crime, in particular where the crime involves sexual or
gender violence or violence against children. e article establishes the possibility of holding closed
proceedings, allowing the presentation of evidence by electronic means or withholding evidence that
may expose witnesses to grave endangerment (submiing a summary of the evidence instead).
. Promoting safe participation of child victims and witnesses
in criminal proceedings
For children to take part and benet from justice proceedings, a delicate balance between their right to
be protected and the right to participation must be achieved. e recommendations presented below
contain practical measures for the eective implementation of the international legal framework out-
lined above, taking into account the specic situation and risks faced by children who have been
recruited and exploited by terrorist and violent extremist groups.
Participation of children
According to international law, limiting the chances of a child to participate in the justice process solely
on the basis of age is a form of discrimination. Accordingly, domestic legislations should refrain from
precluding testimony by children under a determined age threshold, and justice professionals should
treat children as capable and reliable witnesses. According to UNODC, good practice in this respect
includes presuming the child’s competency to testify, irrespective of his or her age, and keeping his or
her age and maturity as factors to be taken into account in the assessment of his or her testimony.
81
81
UNODC, Handbook for Professionals and Policymakers on Justice in maers involving child victims and witnesses of crime
(2009), page 25.
Case study: AM (Afghanistan) vs. Secretary of State for the Home
Department—adapting judicial proceedings to the needs of a child
formerly associated with the Taliban
In 2012, AM, an Afghan boy born in 1998, travelled from Afghanistan to Europe and
claimed asylum in the United Kingdom of Great Britain and Northern Ireland on the
grounds that, if he returned, he would be persecuted by both the Afghan police and the
Taliban. His asylum application stated that his father was a member of the Taliban and
that AM had grown up in a Taliban camp until his father was killed and AM was captured
by the Afghan security services and hospitalized. Taliban members then forcibly removed
him to a training camp, from which he escaped and made his way to Europe. His initial
application for asylum was denied for various reasons, one of them being that the rst
instance judge had found that AM’s statements were not credible, due to vagueness and
inconsistencies.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
At the same time, this should not justify treating children like adults. On the contrary, comprehen-
sive action can be taken to ensure that all stages of the proceedings are adapted to children’s needs,
starting with coordination mechanisms to appropriately convey information. A support person (usu-
ally a professional) chosen at the beginning of the process can help the child by being a source of infor-
mation and avoiding situations where the child may receive overlapping or confusing messages.
Furthermore, practical solutions, such as testimonial aids, or modications to the court environment,
can be especially helpful in improving the child’s experience and reducing the potential for secondary
victimization (see the box below on adapting investigations and court proceedings to child victims and
witnesses in Canada).
However, the Court of Appeal ruled that the rst instance court proceedings were neither
fair nor just, as AM was a vulnerable party with needs that had not been addressed. The
Court of Appeal found that, in assessing AM’s testimony, the rst instance judge did not
properly consider the impact of AM’s age, vulnerability and the evidence of a signicant
learning disability contained in a report on the appellant’s ability to participate eectively
and fairly in the asylum process and the appeal.
a
The Court of Appeal pointed out that the
proceedings in AM’s case should have been carried out in accordance with the Practice
Direction for Child, Vulnerable Adult and Sensitive Witnesses.
b
The Court of Appeal made the following recommendations for the questioning of AM:
• Informal court dress for advocates and judge
• Informal venue for the hearing
• Informal seating arrangements (i.e. round tables or other seating that appears less
confrontational and less adversarial)
• Exclusion of members of the public when AM gives evidence
• Restriction of people present in the courtroom when AM gives evidence, to legal
representatives, the judge, the court clerk and, where he requests one, a person
nominated to personally support him
• Questions asked by both parties to be open-ended where possible and broken down
so that each question is simple and self-contained
• Points to be raised during cross-examination to be identied by the judge
a
AM (Afghanistan) vs. Secretary of State for the Home Department, Court of Appeal (27/09/2017).
b
Practice Direction First Tier and Upper Tribunal Child, Vulnerable Adult and Sensitive Witnesses, Tribunals Judiciary
(30/10/2008).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Figure II. Provision of information by professionals:
coordinated support model
Police
ocer
Child's
lawyer
Judge
Psychologist
Prosecutor
Support
person
ParentsChild
Source: European Union Agency for Fundamental Rights, Child-friendly Justice: Perspectives and Experiences of
Professionals on Children’s Participation in Civil and Criminal Judicial Proceedings in 10 EU Member States (Vienna, 2015),
p. 44.
Finally, appropriate consideration should be given to the hardship and risks faced by children who
have been associated with a terrorist group. In certain cases, exemptions can be granted to children
when their testimony could have an impact on their safety or development. ese exceptions have
already been included in the national legislation of various countries.
82
82
Handbook for Professionals and Policymakers, p. 10.
Case study: Adapting investigations and court proceedings to child
victims and witnesses in Canada
a
In Canada, the Criminal Code recognizes the possibility to use testimonial aids to
facilitate the experience for child victims and witnesses. These include:
• Support person
• Witness screen
• Close-circuit television
• Publication ban
• Exclusion of the public from the courtroom
• Video-recorded evidence
Since 2006, amendments introduced by “Bill C-2, An Act to amend the Criminal Code
(protection of children and other vulnerable persons) and the Canada Evidence Act”,
testimonial aids have made mandatory rather than discretionary. In addition, the Canada
Evidence Act now presumes children under 14 years of age to be capable of testifying,
although they are not heard under oath, but rather following a promise to tell the truth.
Finally, it is possible to hold hearings involving children in child-friendly courts (such and
youth and family courts) rather than in adult courts.
a
Melissa Northco, “Facilitating testimony for child victims and witnesses”, Victims of Crime Research Digest, No. 2 (2009).
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
Safety measures
When the child takes an active part in the investigation and judicial proceedings, ensuring his or her
safety is a primary responsibility of the entire justice system. Measures adopted should guarantee that
the proceedings themselves do not create the conditions to endanger the child. Children should always
be provided the chance to express their fears and concerns related to safety.
In this context, the rules concerning the privacy of children should be especially strict. Rules of
condentiality should be applied to any information that could lead to the identication of the child,
and disclosure of information should be restricted.
e public and media should also be excluded from the courtroom whenever the child’s testimony
is presented. Avoiding direct confrontation between the child and the alleged perpetrator is also crucial
at every stage of the proceedings, including during investigation.
Professionals should be particularly vigilant for risks of harm and retaliation, and mandatory report-
ing of instances or likelihood of harm should be extended to include all professionals in contact with
the child (see also chapter I above). A high degree of cooperation between dierent actors is especially
desirable to ensure that reports of such risks are dealt with in an eective and swi manner, especially
when the danger comes from someone with easy access to the child (such as a family member). Such
rules remain signicant also in the context of child returnees. Children who are returnees are vulnera-
ble to stigma. Moreover, professionals have highlighted the capacity of groups with which children
were associated to continue threatening the children or their families, even from a distance, following
the children’s return.
Case study: Protecting the privacy of victims of terrorism in Spain
a
The obligation to protect the right to personal privacy and protect victims against
intrusive media coverage, which can lead to secondary victimization, is equally
important in the context of victims of terrorism.
Spain has implemented a comprehensive package of legal measures to ensure a
victim-sensitive approach to rights concerning victim’s data. They include:
• Media coverage that uses images of victims of terrorism for derogatory, degrading
or sensationalist purposes is illicit.
• Institutions responsible for ensuring that audiovisual media comply with legal
requirements have a duty to adopt appropriate measures to guarantee that victims
of terrorism are treated according to constitutional principles and values.
• Cessation and rectication actions are available and supported by sanctions.
• Principles on the protection of data, including images, of victims of terrorism must
be safeguarded.
a
For further discussion of the practice with regard to this maer in Spain and several other countries, see UNODC,
Good Practices in Supporting Victims of Terrorism within the Criminal Justice Framework (Vienna, 2015), available at www.
unodc.org/
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Finally, when the safety of children is threatened, justice practitioners have the opportunity to take
dierent actions. In these instances, measures that target the alleged perpetrator, such as restraining
orders, pretrial detention and house arrest, should in principle be preferred to measures targeting the
child, such as temporary removal of the child from his or her home. In particular, child victims and
witnesses should not be treated as guilty parties, and any disruption to their lives should be reduced
to a minimum.
Communication and interviews with child victims and witnesses
While interviews with child victims and witnesses are a crucial component of their right to be heard,
they can be especially stressful, in particular for children who have witnessed or suered extreme
violence. In such cases, inappropriate interview methods are particularly likely to lead to secondary
victimization and to yield inaccurate, vague or otherwise useless statements.
In addition, children who have been associated with terrorist and violent extremist groups may
face considerable fear of retaliation. Practitioners report cases of children who have been
instructed to avoid cooperation with the authorities. A number of measures can contribute to
adapting communication to the child’s needs and, at the same time, obtaining more truthful
information. In the case of children, the relevant actors should carefully coordinate their efforts
in order to limit the number of interviews. During a criminal investigation, potential witnesses to
a terrorism-related offence are subjected to repeated interviews by a number of different bodies
and agencies. Multiple interviews not only cause harm to children, but may also cause them to
change or retract evidence because they feel intimidated or are unable to face going through
another interview. This can easily lead to allegations by the prosecution that a child’s evidence is
tainted and unreliable. In addition, repeated interviewing can cause psychological harm to chil-
dren, as they are asked to repeat their traumatic experiences to different individuals whom they
may be meeting for the very first time.
Regardless of the urgency of the investigation or the seriousness of the oence, it is crucial to
ensure that children are not subjected to any form of intimidation, coercion or pressure. Specialized
guidance on the conduct of interviews with children should be adopted, and practitioners should be
trained accordingly. Some of the key elements of guidelines for interviewing and questions children
are shown in table 1.
e need to prevent the possibility of any form of intimidation being exercised directly by the
alleged perpetrators is especially important for children who have been associated with terrorist or
other armed groups. It should be kept in mind that, when children were under the control of the group,
they were integrated into its hierarchical structure, and they may still feel strong fear of, as well as
loyalty towards, authority gures within the group.
Delays
Delayed proceedings are especially problematic for children. ey entail longer periods of anxiety in
connection with testifying, appearing in court, and lasting uncertainties regarding the destiny of the
perpetrators. Just as taking part in the justice process can be a validating experience for the child and
can support his or her sense of justice, delays can cause further disruption in the child’s life.
Moreover, children generally nd it dicult to remember a chronological event in sucient detail
(such as the date and the time of an incident or who was present at dierent moments during the inci-
dent) to satisfy the evidential burden in a criminal trial. is diculty is easily aggravated during the
period between the incident they have witnessed and the trial. In cases involving war crimes, the child
may have been a victim to, or witnessed, an event many years before the trial.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
General
rules
Children should be provided relevant information on their rights, the conduct of criminal
proceedings and their role, as well as the developments of and outcomes of the proceedings.
Interviews with children should always be conducted by skilled, trained professionals, in a
thorough and sensitive manner. Professionals interviewing children who have been associated
with terrorist and violent extremist groups should have specic knowledge of the impact of
extreme violence and trauma on children’s behaviour and development.
Interviewers should avoid a generalized approach to children and adapt each interview to the
level of development, needs and situation of the individual child.
Children should always be interviewed in the presence of a support person. This person should
be selected in the initial stages of the proceedings and accompany the child throughout the
justice process.
Specialized counter-terrorism investigations oen require cooperation among dierent sectors.
However, limiting the number of persons in the room is conducive to a more child-sensitive
environment and contributes to preventing intimidation.
Video recording can be especially helpful to minimize the number of interviews and, at the same
time, to ensure that the conduct of the interview respects the right of children to be treated with
dignity and compassion.
Prior to
the interview
The environment of the interview should be adapted to the child. Interviews with children can
take place in special rooms, even during court proceedings, and be transmitted via video link in
the courtroom.
Any contact between the child and the alleged perpetrators should be carefully avoided, including
while waiting for the interviews and during court proceedings.
Questions should be carefully prepared, and interviewers may want to coordinate with the support
person on the appropriate way to address the child.
Children and their parents should be provided with the appropriate information and give their
informed consent to the conduct of the interview.
During
the interview
Interviews should be carefully structured. In this context, the key phases usually include:
rapport-building; asking questions; and closing the interview.
The ground rules of the interview process should be explained. Children should understand that
there is no “right” or “wrong” answer and should be encouraged to ask for clarications when
necessary. The safety concerns of the child should be addressed.
Leading questions should be avoided, and free narrative accounts should be encouraged, prior to
asking for clarication when necessary.
Questioning should not go on for too long, and appropriate breaks should be ensured.
Before closing the interview, the child should be read a summary of his or her statement and
provided with an opportunity to add further elements.
Following
the interview
Possible follow-up should be discussed, and relevant information should be provided on services
available to the child and to the parents or legal guardians.
The measures that will be adopted to ensure the safety of the child should be explained.
The rules of condentiality should be repeated.
The child should be thanked for his or her cooperation.
Table 1. Guidelines for interviewing and questioning children
Note: For further explanation of the key elements outlined in the table, see UNODC, Handbook for Professionals and Policymakers on Justice Maers
Involving Child Victims and Witnesses of Crime (2009); and “United Nations Guidelines on Justice in Maers involving child victims and witnesses
of crime: online training”. Available at www.unodc.org/justice-child-victims/login/welcome.jsp.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
erefore, mechanisms should be put in place to ensure that the testimony of the child is collected as
soon as possible. ese can include: video recording of police interviews; laws and regulations requiring
the avoidance of undue delays in criminal cases involving children, including through the adoption of a
specic timeline; and the requirement that hearings involving children are scheduled as a priority.
Balancing the rights of the child victim and the rights of the accused
In adopting measures to protect child witnesses, criminal justice authorities have to be mindful of the
safeguards protecting the accused person’s right to a fair trial.
83
In this regard, it is very important to
clearly distinguish between those measures that limit only the public nature of the proceedings (e.g.
closed hearings and the use of pseudonyms in public versions of documents relating to the trial) and
those that limit the accused person’s ability to challenge the evidence provided by the child witness
(e.g. non-disclosure of the witness’s identity to the accused and limits on cross-examination).
With respect to the right to a public hearing, in article 14, paragraph 1, of the International Covenant
on Civil and Political Rights (General Assembly resolution 2200 A (XXI), annex), it is stated that the
press and the public may be excluded from all or part of a trial when the interest of the private lives of
the parties so requires, or to the extent strictly necessary in the opinion of the court in special circum-
stances where publicity would prejudice the interests of justice. ese grounds apply to the protection
of child witnesses. Article 14, paragraph 1, also allows any judgment rendered in a criminal case or in a
suit at law to be made public except where it is in the interest of juvenile persons to do otherwise.
e accused person’s right to a fair trial will be more gravely aected where witness protection
measures limit his ability to challenge the evidence against him. In article 14, paragraph 3 (b) and (e),
of the International Covenant, it is stated that everyone charged with a criminal oence should have
certain minimum guarantees, including: to have adequate time and facilities for the preparation of his
defence and to examine, or have examined, the witnesses against him. It is not enough for an accused
83
More analysis and further references on fair trial issues in relation to witness protection measures can be found in Module
4 of the UNODC Counter-Terrorism Legal Training Curriculum, Human Rights and Criminal Justice Responses to Terrorism.
Available at www.unodc.org/.
Case study: Preventing the intimidation of children—a study involving
the International Criminal Court case of The Prosecutor v. Thomas
Lubanga Dyilo
In January 2009, the rst witness in the case of The Prosecutor v. Thomas Lubanga Dyilo—a
former child soldier given the pseudonym Dieumerci—was called to the stand. Dieumerci
testied that when he was in the h grade, he, along with other schoolchildren, were
kidnapped by soldiers and taken to a military camp. As the hearing progressed, Dieumerci
became frightened and eventually recanted his testimony entirely. Two weeks later, Dieumerci
took the stand again and repeated his initial testimony, explaining that, the rst time he gave
evidence before the court, a lot of things went through his mind; in particular, he felt
threatened and scared by the presence of the defendant, his former recruiter and commander,
in the courtroom. When called a second time, Dieumerci gave evidence from behind a screen.
The defendant was no longer able to make eye contact or to intimidate the witness.
a
a
C. Hamilton and L. Dutordoir, “Children and justice during and inthe aermath of armed conict”, Working Paper
No. 3 (September 2011), p. 16.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
person to learn on the day of the trial hearing the identity of the witnesses against him. Eective prepa-
ration for cross-examination of the prosecution witnesses takes time: the sooner an accused knows the
identity of the witnesses against him, the beer his chances of identifying information that under-
mines their credibility.
A range of dierent measures can be adopted to protect the child witness against the impact of
direct confrontation with his former exploiter. ose measures include the use of screens in the court-
room to shield the witness, the use of video link or asking questions through the judge. Prosecutors
and judges must be very careful in assessing and balancing the need to protect child witnesses and the
rights of defendants accused of terrorism-related oences, which can carry severe sentences. Where a
child witness cannot be adequately protected without gross unfairness to the accused person, the only
solution may be not to use the child’s testimony.
Witness protection experts have an important role to play in advising law enforcement ocers,
prosecutors and judges on these measures.
International cooperation regarding child victims and witnesses
84
In view of the transnational nature of the activities of most contemporary terrorist groups, the need for
international cooperation in criminal maers is likely to arise when justice authorities deal with a case
involving a child recruited by a terrorist group, whether as victim, witness or alleged oender. e
United Nations counter-terrorism conventions and protocols, as well as binding Security Council
resolutions, require States to cooperate in bringing to justice those responsible for acts of terrorism.
85
In seeking and providing police cooperation or mutual legal assistance in maers relating to chil-
dren, authorities in both requesting and requested States need to take into account the procedural
safeguards and good practices identied above. For instance:
(a) Requesting and providing information, or copies of ocial records, regarding a child. Authorities
of both the requesting State and the requested State need to take into account heightened privacy
requirements in dealing with information about children. Clear communication of legal standards and
expectations between the requesting and requested authorities are key to successful cooperation and
protection of the child’s rights;
(b) Requesting mutual legal assistance to interview a child witness. e requesting State should
ensure that any interview by the authorities of the requested State is carried out in accordance with the
essential requirements of proceedings in maers aecting children in contact with the law (see table 1).
is is necessary both in the interests of the child and to ensure that any statement obtained can subse-
quently be used in any proceedings. e requested State has the responsibility to ensure that the essential
elements of its law regarding proceedings in maers aecting children in contact with the law are
respected. e authorities of the requesting State and the requested State should give a full and transpar-
ent clarication of their respective requirements well in advance of the interview, also in the interest of
limiting the number of interviews. Perhaps most importantly, the competent authorities should be par-
ticularly scrupulous in assessing whether obtaining the child’s statement is actually necessary for the
investigation or the court case.
84
e present section applies general legal standards and good practice principles regarding mutual legal assistance as set
forth in, for example, the UNODC Manual on Mutual Legal Assistance and Extradition (www.unodc.org/) to the specic require-
ments of justice proceedings involving children.
85
For example, art. 10, para. 1, of the International Convention for the Suppression of Terrorist Bombings(United Nations,
Treaty Series, vol. 2149, No. 37517) requires States parties to aord one another the greatest measure of assistance in connection
with investigations or criminal or extradition proceedings brought in respect of terrorist bombing aacks. e same obligation,
to aord one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relat-
ing to the nancing or support of terrorist acts, is also required of all States by the Security Council in its resolution 1373 (2001).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
For further guidance on the treatment of child victims and witnesses during the justice process
• Handbook for Professionals and Policymakers on Justice Matters Involving Child Victims and
Witnesses of Crime (2009)
• UNODC and UNICEF, “Online training on the United Nations Guidelines on Justice in Matters
involving child victims and witnesses of crime” (available at www.unodc.org/justice-child-
victims/login/welcome.jsp)
C. The right of child victims to reparation
Regardless whether reparations are awarded at the individual or collective level, they should seek to
contribute towards restoring social peace for the community. Providing comprehensive redress to vic-
tims requires time, resources, coordination, expertise and political will.
86
Reparation programmes are
therefore oen faced with a wide range of challenges.
Experience shows that timeliness of reparations cannot be taken for granted, regardless of what
approach is taken. It is not atypical for countries facing a history of massive human rights violations to
take some time to implement administrative reparations because they are oen a complex policy
maer that is usually politically and economically charged.
While court-ordered reparations may be subject to less political pressure, they are not necessarily
able to provide more timely redress, given how long complex legal proceedings to adjudicate mass
atrocities may take. In the case of e Prosecutor v. omas Lubanga Dyilo, the International Criminal
Court intends to provide reparations to former child soldiers from a conict that took place during the
period 2002-2003. However, the implementation of symbolic reparations was authorized only in
October 2016, followed by an authorization of collective service-based reparation awards in April 2017,
86
For a comprehensive overview of the opportunities and challenges of reparations, see the report of the Special Rapporteur
on the promotion of truth, justice, reparation and guarantees of non-recurrence (A/69/518).
Checklist for practitioners: keyelements
• Child victims and witnesses enjoy the same procedural safeguards throughout
justice proceedings.
• A careful assessment of the individual circumstances of the case and of the child should
be undertaken to decide on the appropriate degree and form of the child’s participation.
• A variety of mechanisms can be put in place to adapt the investigation and court
proceedings to the needs of the child and improve his or her experience of justice.
• Professionals dealing with children should strive to coordinate to limit the number of
interviews and should receive specic training on child-sensitive communication.
• When adopting measures to guarantee the safety of the child, preference should be
given to measures addressing the alleged perpetrator’s ability to harm or threaten the
child, rather than removing the child from his or her environment, whenever possible.
• When adopting witness protection measures aecting an accused person’s right to a
fair trial, careful consideration must be given to balancing child protection needs
and defence procedural safeguards.
• Safeguards should be equally applied when requesting or providing police-to-police
cooperation and mutual legal assistance in matters aecting child victims and witnesses.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
and the Court’s nal decision on reparations is still outstanding. In the meantime, almost 15 years later,
the former child soldiers have grown into (young) adults without having received the much needed
support to redress the harm they have suered, in addition to support for their rehabilitation.
Despite all the complexities, it is therefore of great importance to ensure that reparations are timely.
e longer the delay between the violation that gave rise to the harm that the reparations scheme seeks
to redress, the more dicult it will become to achieve eective redress, in particular if the victims are
children. If necessary, urgent interim measures will need to be taken.
In addition, particular aention should be paid to specic forms of violence and their consequences.
Sexual violence and gender-based violence, in particular, not only aect the victims in numerous ways,
but also have a considerable impact on their willingness to come forward.
While reparation can take the form of monetary compensation, the concept of reparation is in no
way limited to this form of redress. In the Basic Principles and Guidelines on the Right to a Remedy
and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law (General Assembly resolution 60/147, annex), it is
stated that reparation includes the following forms:
(a) Restitution (e.g. release from detention or custody, return home and restoration of property
and enjoyment of human rights);
(b) Compensation (e.g. economic compensation for physical harm or material or moral
damages);
(c) Rehabilitation (e.g. medical and psychological care and legal and social services);
(d) Satisfaction (e.g. measures to end violations, public acknowledgement of the truth, identi-
cation and recovery of the disappeared, apology by the perpetrator and judicial sanctions against the
perpetrator);
(e) Guarantees of non-repetition (e.g. strengthening of the rule of law, mechanisms for preventing
and monitoring conict, and law reform).
In the case of children harmed as a result of recruitment and exploitation by terrorist and violent
extremist groups, some of these forms of reparation are especially relevant: reparation for the purposes
of physical and psychological rehabilitation; satisfaction, for instance, in the form of eorts to bring to
justice those who recruited and exploited the children; and measures aimed at non-repetition (i.e. safe-
guarding the children from re-recruitment and new exploitation).
e following section focuses on analysing the key elements that can make the implementation of
reparations more tailored to the needs of victims, in particular the needs of children recruited and
exploited by terrorist and violent extremist groups.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
. Sources of the right of child victims to reparation
e international legal framework provides guidance on the rights of victims, including child victims,
to reparations. e present section outlines the crucial elements to determine what constitutes repara-
tions, and who is entitled to them, according to international law.
Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law
One key source for the principles underlying reparations are the Basic Principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights
Law and Serious Violations of International Humanitarian Law, which requires States that have not
already done so to ensure that their domestic law is consistent with their international legal obligations
by making available adequate, eective, prompt and appropriate remedies to victims, including reparation,
and to ensure that their domestic law provides at least the same level of protection for victims as that required
by their international obligations (General Assembly resolution 60/147, annex, para. 2 (c) and (d)).
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
e Guidelines on Justice in Maers involving Child Victims and Witnesses of Crime recognize the
necessity to ensure that child victims of crime obtain reparations and that procedures for obtaining
and enforcing reparations are readily accessible and child-sensitive. e purpose of reparations is to
acknowledge the suering and harm to victims and to provide compensation, restitution and redress
for that harm, with the aim of returning child victims to their previous condition to the maximum
extent possible. In addition, the Guidelines indicate that reparations for child victims should address
costs of social and educational reintegration, medical treatment, mental health care and legal services
(Economic and Social Council resolution 2005/20, annex, paras. 35-37), thus emphasizing the con-
nection between reparations and the reintegration process.
Key challenges
• Obtaining political support
• Observing the principle of “do no harm”: reparations should seek to avoid creating
further stigma and pain, including by being mindful of potential jealousies of
“non-victims”
• Ensuring adequate funding
• Ensuring fair, comprehensive and transparent victim identication and participation
• Addressing in a fair manner the needs of a large number of victims, who oen suer
as a result of a broad range of violations and abuses, and creating a scheme that
deals adequately and fairly with the scope and range of victimization
• Guaranteeing access to reparations for all victims without any discrimination,
regardless of age, gender, the type of harm suered and other disparities
• Implementation: sometimes victims will be accorded the right to reparations (e.g. in
form of a court decision) but may not be able to exercise this right
• Delays in the attribution of reparations
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
Worst Forms of Child Labour Convention, 1999 (No. 182), of the International Labour
Organization
Under article 7 of the Worst Forms of Child Labour Convention, 1999 (No. 182), member States of
the International Labour Organization (ILO) are obliged: to provide the necessary and appropriate
direct assistance for the removal of children from the worst forms of child labour and for their rehabili-
tation and social integration; to ensure access to free basic education, and, wherever possible and
appropriate, vocational training, for all children removed from the worst forms of child labour; and to
identify and reach out to children at special risk. As noted above in section A.1 of this chapter, the term
“the worst forms of child labour” includes the recruitment of a child for use in armed conict and the
use of a child for illicit activities.
International framework related to terrorism
ere is growing recognition that victims of terrorism should be accorded the right to reparations. In
the plan of action of the United Nations Global Counter-Terrorism Strategy, Member States stressed
the need to promote and protect the rights of victims of terrorism and identied dehumanization of
victims of terrorism in all its forms and manifestations as one of the conditions conducive to the spread
of terrorism. In addition, Member States resolved to consider puing in place, on a voluntary basis,
national systems of assistance that would promote the needs of victims of terrorism and their families
and facilitate the normalization of their lives (General Assembly resolution 60/288, annex).
e General Assembly, in its resolution 70/91 on the United Nations Global Counter-Terrorism
Strategy Review deeply deplored the suering caused by terrorism to the victims of terrorism in all its
forms and manifestations and to their families and encouraged Member States to provide them with
proper support and assistance while taking into account, inter alia, when appropriate, considerations
regarding remembrance, dignity, respect, justice and truth, in accordance with international law.
International legal framework related to the responsibility to provide reparations
In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Violations of International Human Rights and Serious Violations of Humanitarian Law, it is stated that
the party responsible for the violation is also the one primarily responsible for providing reparation
and that the State should provide reparation to victims for acts that can be aributed to the State and
constitute gross violations of international human rights law or serious violations of international
humanitarian law. In cases where a party other than the State is found liable for reparation to a victim
(as is the case when a child is a victim of recruitment and exploitation by a terrorist or violent extremist
group), that party has the primary responsibility for providing reparation to the victim.
With regard to victims of terrorism,
87
in the International Convention for the Suppression of the
Financing of Terrorism
88
it is stated that States parties should consider seing up mechanisms whereby
funds forfeited from terrorist groups or nanciers can be used to compensate the victims of terrorism
(article 8). However, should that party be unable to provide the reparation, the State may be secondar-
ily responsible for providing reparation, pursuant to the Basic Principles and Guidelines on the Right
to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law.
e Special Rapporteur on the promotion and protection of human rights and fundamental free-
doms while countering terrorism has argued that, because the perpetrator of a terrorist act (if he or
87
See UNODC, Good Practices in Supporting Victims of Terrorism within the Criminal Justice Framework (Vienna, 2015),
available at www.unodc.org/.
88
United Nations, Treaty Series, vol. 2178, No. 38349.
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CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
she has not been killed or evaded capture) will usually be sentenced to a long term of imprisonment,
he or she is unlikely to ever be in a position to compensate the victims. us, a victim-centred
approach does not permit reliance on an indigent, deceased or untraceable individual such as the
perpetrator to provide reparation for death or serious injury resulting from a terrorist act. Many
States have voluntarily accepted an international law obligation to establish schemes to provide
State-funded compensation to the victims of all violent terrorist acts resulting in death or serious
physical or psychological injury.
89
As noted above, under article 7 of the Worst Forms of Child Labour Convention, 1999 (No. 182),
ILO member States are obliged: to provide the necessary and appropriate direct assistance for the
removal of children from the worst forms of child labour (which, according to article 3, include the use
of children for illicit activities and the forced or compulsory recruitment of children for use in armed
conict) and for their rehabilitation and social integration; and to ensure access to free basic educa-
tion, and, wherever possible and appropriate, vocational training, for all children removed from the
worst forms of child labour.
e United Nations has established an online Victims of Terrorism Support Portal, which contains
a directory of organizations supporting victims of terrorism, where the contact details for organiza-
tions at the national level that may provide reparations to victims of terrorism can be found.
For further guidance on the right of victims of terrorism to reparation
• The Criminal Justice Response to Support Victims of Acts of Terrorism, revised edition (2012)
• UNODC, Good Practices in Supporting Victims of Terrorism within the Criminal Justice
Framework (Vienna, 2015), available at www.unodc.org/
e Rome Statute of the International Criminal Court accords victims the right to participate in
trial; it has also led to the establishment of the Trust Fund for Victims to provide victims with assis-
tance in the form of physical and psychological rehabilitation and material support. Furthermore,
pursuant to article 75 of the Rome Statute, system of reparations has been created for cases in which
89
A/HRC/20/14, paras. 56 and 57.
Recognition of States’ responsibility to provide reparations at the
regional level
• In the Guidelines of the Committee of Ministers of the Council of Europe on human
rights and the ght against terrorism, it is stated that when compensation for victims
of terrorist acts is not available from other sources, in particular through the
conscation of the property of the perpetrators, organizers and sponsors of terrorist
acts, the State on the territory of which the terrorist act happened must contribute to
the compensation of victims for direct physical or psychological harm, irrespective of
their nationality.
• In the Principles and Guidelines on Human and Peoples’ Rights while Countering
Terrorism in Africa, adopted by the African Commission on Human and Peoples’ Rights,
it is stated that States shall provide full and eective reparation to individuals who
have suered physical or other damage or who have suered violations of their human
rights as a result of an act of terrorism. To facilitate this responsibility, States are
encouraged to establish, in accordance with regional and international human rights
standards, a funding mechanism to compensate victims of terrorist acts.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
the Court has found the perpetrator guilty. e Court may award reparations on an individual basis
and/or a collective basis, whichever is, in its view, the most appropriate for the victims in a particular
case; the reparations may include monetary compensation, return of property, rehabilitation, medical
support, victim service centres or symbolic measures, such as apologies or memorials. us, the Court
seeks not only to bring criminals to justice but also to help victims rebuild their lives.
In the case of e Prosecutor v. omas Lubanga Dyilo, the International Criminal Court is currently
determining the reparations that the victims of Mr. Lubanga, former child soldiers in the militia he
lead, are entitled to. In Uganda, the Trust Fund for Victims has been providing assistance to children
recruited and exploited by the Lord’s Resistance Army, an armed group designated as a terrorist group
by Uganda, and the United States of America, as well as the African Union.
90
. Providing reparations to children recruited and exploited by
terrorist and violent extremist groups
e present section takes into account that, while reparations can be provided in dierent forms and
through dierent mechanisms, their eectiveness in terms of supporting the child victim during the
reintegration process will be determined by their responsiveness to the specic needs of the victims.
erefore, a number of measures should be taken to foster the participation of child victims and to take
into account the specic consequences of dierent forms of violence.
Judicial reparations and administrative reparations
Reparation programmes vary widely, in substance and in terms of their procedures. Reparations may
be ordered by a court as part of judicial proceedings. Reparation schemes may also be created through
legislative or administrative programmes (so-called administrative reparations).
According to the Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and International Humanitarian Law,
a person is to be considered a victim regardless of whether the perpetrator of the violation is identied,
apprehended, prosecuted or convicted (para. 9). us, acquiring the status of victim (and with that
status, the right to reparations) does not depend on the identication and conviction of the perpetrator.
Reparations may be called for in peace agreements, in the recommendations of truth commissions,
through the advocacy of civil society and victims groups, or as part of government initiatives to pro-
vide justice. Reparation schemes may also be prompted by a major terrorist aack. Aer the aacks of
11 September 2001, for instance, the United States Congress enacted a statute creating a victim com-
pensation fund responsible for making the decisions on how much compensation each family of a
victim of those aacks would receive.
Reparations may be provided to victims on an individual basis or on a collective basis. Furthermore,
reparations can be material or symbolic. In Sierra Leone, for instance, pursuant to a recommendation
in the 2004 report of the Truth and Reconciliation Commission, President Ernest Bai Koroma issued
a formal apology to women victims of the armed conict in that country.
In fact, which approach to reparations is the most appropriate in cases involving reparation for harm
suered by children associated with terrorist and violent extremist groups will depend on the context
in which the groups’ violations have occurred. Reparation policies implemented in response to periods
of massive and systematic violations of human rights or international humanitarian law will be dier-
ent from court-ordered reparations in cases following the criminal conviction of an individual
90
See, for example, the Fall 2010 Programme Progress Report of the Trust Fund for Victims, “Learning from the TFV’s
second mandate: from implementing rehabilitation assistance to reparations”.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
perpetrator or victim compensation schemes established at the national level for victims of crimes in
general or for victims of one particular terrorist event.
In countries emerging from conict in which terrorist and violent extremist groups have played a
role and where a larger administrative reparation scheme is envisaged, it may make sense to include in
the broader reparation scheme reparations for children who are victims as a result of their recruitment
by those groups. In a situation where there have not been large-scale violations that call for a reparation
scheme at the national level and where there are only a few cases of children aected by their involve-
ment with terrorist and violent extremist groups, however, a more individualized approach may be
more appropriate.
Finally, ongoing court proceedings may provide an appropriate opportunity to obtain reparations.
For instance, in 2011, a Colombian court examining the criminal responsibility of a paramilitary com-
mander for the forced recruitment of 309 children and youth ordered, among other measures (includ-
ing compensation), the implementation of a psychosocial rehabilitation programme with continued
and personalized therapy for all 309 victims and encouraged the victims to take part in dening the
parameters of the programme. e court also ordered physical care to be provided through the public
health-care system to any victims in need of such care.
91
Victim-centred reparation proceedings and awards
Reparations must be victim-centred to be eective. Moreover, reparation programmes must ensure
that all victims, regardless of what form of harm they have suered, are treated with humanity and
respect for their dignity and human rights, avoiding any further harm and trauma. eir right to a rem-
edy and reparation should be fullled without discrimination on the basis of sex, gender identity,
ethnicity, race, age, political aliation, class, marital status, sexual orientation, nationality, religion and
disability, or any other status.
Moreover, victims should be able to participate in the programme at all stages of the reparation
process. Experience has shown that reparation programmes that give victims a voice in a consultative
process are most eective because that ensures that the programmes are based on a solid understand-
ing of what forms of reparation are most important to victims and respond best to their needs.
A child-sensitive approach to reparations
Child victims oen experience diculties in accessing reparation schemes. Children who have suered
harm as a result of a crime, including a terrorist oence, have a right to reparations just as adults do.
92
It is therefore important to ensure that those who develop and administer reparation schemes are
mindful of the fact that:
(a) Children may be among the victims;
(b) Steps should be taken to eectively provide children with access to reparations;
(c) Both the reparation proceedings and the design of reparation awards should reect the par-
ticular needs and vulnerabilities of child victims, including by taking their views into account during the
reparation process.
In the case of e Prosecutor v. omas Lubanga Dyilo, the Appeals Chamber of the International
Criminal Court developed some general principles applicable to cases involving child victims that may
provide some guidance on what considerations should be applied when developing child-sensitive
91
Colombia, Tribunal Superior del Distrito Judicial de Bogotá, Sala de Justicia y Paz v. Fredy Rendón Herrera, 16 December
2011.
92
On the diculties that children may experience in accessing reparations, see Dyan Mazurana and Khristopher Carlson,
Children and Reparations: Past Lessons and New Directions, Innocenti Working Paper No. 2010-08 (Florence, Italy, UNICEF
Innocenti Research Centre, 2010).
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
reparations (see the box below), including the importance of having the child’s best interests as a key
consideration underlying any reparation programme for children. is includes the right of child vic-
tims to express their views and to have them taken into account in the course of the reparation
proceedings and the right to legal representation, where relevant.
The symbolic dimension of reparations
A very important aspect of reparations, one that distinguishes them from development initiatives or
rehabilitation or reintegration programmes, is that reparations are awarded in specic recognition of
victims and their victimization. is is particularly clear in the case of court-ordered reparations, but it
also applies to administrative reparations.
In other words, a victim eligible to receive reparations is not merely a recipient of some form of
aid, but rather a right holder who is entitled to redress in acknowledgement of the wrongful harm
inicted on him or her.
Addressing the gender dimension of reparations
Reparations seek to redress harm that has been experienced by the victim. Accordingly, it is important
to bear in mind that each victim has his or her own individual experience of harm and corresponding
needs. Accordingly, the gender dimension involved in the experience of harm should receive appropri-
ate consideration. Reparation programmes should be designed to adequately respond to dierences in
experience of harm and need for redress. For instance, reparation programmes should account for the
specic situation of girls returning with young babies from terrorist and violent extremist groups.
Furthermore, traditional gender roles may aect how far girls and boys are able to express them-
selves and will be able to come forward in reparation proceedings. Unfortunately, girls’ access to repa-
rations may oen be limited by a wide range of factors, including customary rules, patriarchy in clan
structures, a gender bias in the judicial system and gender-specic lack of resources and support to
successfully claim reparations.
On the importance of
acknowledgement and recognition
a
Essentially, reparation measures constitute a message to victims from the rest of
society, recognizing that victims belong in the community and expressing solidarity in
the face of unjust suering. In order for this message to be perceived by victims as
honest, it must be coherent with the other messages that are directed to victims,
through actions such as criminal justice and also in other contexts of daily discourse.
This is why it is so important for reparation processes to be transparent to society as a
whole. Information and outreach campaigns should be used to educate the general
public about the violations committed and the harm and suering inflicted on victims,
and the processes of truth-seeking, justice and reparation need to be reinforced in the
public consciousness.
a
Cristián Correa, Julie Guillerot and Lisa Magarrell, “Reparations and victim participation: a look at the Truth
Commission experience”, in Reparations for Victims of Genocide, War Crimes and Crimes against Humanity, Carla
Ferstman, Mariana Goetz and Alan Stephens, eds. (Martinus Nijho Publishers, 2009).
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
To overcome these obstacles and to make reparations equally accessible and responsive to all, repara-
tion programmes should be based on a gender-inclusive approach, in terms of both the procedures and
the design of reparation awards. It is important to provide both male and female victims the possibility to
voice their needs and concerns in the reparation process through meaningful participation and consulta-
tion. In the case of child victims, where appropriate, their parents or their guardians should be involved.
Making reparations gender-sensitive may also imply taking into account pre-existing gender rela-
tions with a view to not reinforcing any pre-existing paerns of gender-based discrimination, but
rather striving for transformative change.
93
Rather than merely aiming at restoring the status quo
ante, reparations may aim to be transformative.
94
Considerations with regard to reparations for sexual and gender-based violence
Using reparations to harm arising from sexual violence, which aects primarily girls but also boys who
have been involved with violent extremist groups, may be a particularly sensitive maer.
In 2014, the Secretary-General issued a guidance note on reparations for conict-related sexual vio-
lence, which provides relevant advice and leadership on how to best respond to this challenge. In the
guidance note, the Secretary-General:
93
See, for example, the Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparations, a civil society
declaration by women’s rights groups, issued in 2007.
94
In its decision on reparation principles in the case of e Prosecutor v. omas Lubanga Dyilo, the rst case to go into the
reparation phase, the International Criminal Court found that reparations are not limited to restitution, compensation and reha-
bilitation. Other types of reparations, for instance those with a symbolic, preventive or transformative value, may also be appro-
priate (see e Prosecutor v. omas Lubanga Dyilo, Order for Reparations (amended), document ICC-01/04-01/06-3129-AnxA,
judgment of 3 March 2015, available at www.icc-cpi.int).
Case study: The Trust Fund for Victims, a programme for girls abducted
by the Lord’s Resistance Army in northern Uganda who gave birth while
in captivity
Since 2008, the Trust Fund for Victims through an implementing partner in northern
Uganda, has been providing assistance to girls abducted by the Lord’s Resistance Army
and then subjected to sexual violence. The project combined an accelerated learning
programme with infant day care to help the young mothers to catch up with their peers
at school and to develop a bond with their babies, whom they oen viewed as a source
of stigma and an economic burden. Many of these young mothers and their babies were
rejected by their parents, making it dicult to facilitate their reintegration. The following
is an excerpt from a programme progress report prepared in 2011 by the Trust Fund:
As they tend to their babies in the centre’s day care, the young mothers learn that they
are not alone and that their babies can be a source not of stigma and economic burden,
but of pride. Several months into the school year, the girls begin to carry their children
in public while wearing their school uniforms. This is a public statement that being a
student and a mother is not a source of shame: rather, it is a sign of remarkable
achievement.
a
a
K. Kalla and P. Dixon, “Reviewing rehabilitation assistance and preparing for delivering reparations” (2011).
Available at www.trustfundforvictims.org/.
CHAPTER 2. CHILD VICTIMS OF RECRUITMENT AND EXPLOITATION: THEIR TREATMENT IN THE JUSTICE SYSTEM
(a) Called for puing in place adequate procedural rules for proceedings involving reparation
for harm resulting from sexual violence;
(b) Stated that sexual violence should be redressed through dierent forms of reparation and
that individual and collective reparations should reinforce each other;
(c) Stressed that it might be necessary to make available urgent interim reparations to address
immediate needs and avoid irreparable harm because providing comprehensive redress to victims
required time, resources, coordination, expertise and political will;
(d) Stressed that victims of conict-related sexual violence oen faced serious mental and physi-
cal health problems as a consequence of the crimes commied against them and oen did not have
access to health services.
Case study: Recognizing victimization of children born as a result of
rape—the Reparations Plan in Peru
Children born to victims of rape are oen stigmatized and excluded by families and
communities because they are a living reminder of the violence that their mothers
experienced while they were with violent extremist or terrorist groups. Such children may
suer grave consequences such as infanticide, abandonment, tracking, statelessness,
confusion over identity and discrimination in accessing family land and inheritance.
In Peru, the Reparations Plan that was developed in the context of the conflict with the
Shining Path (Programa Integral de Reparaciones en Perú, Ley 28592, articles 2-6)
recognized children born of rape as a distinct category of beneciary. It is stated in the
Plan that such children should be entitled to economic compensation up to the age of
18 and should be eligible for preferential access to education services.
Checklist for practitioners: keyelements
• Reparations include a variety of measures, may be ordered by judicial bodies or be
part of administrative programmes and may be awarded on an individual or
collective basis.
• In order to respect the rights of victims, reparations should avoid further
victimization and foster victims’ participation. This requires particular attention in
the case of child victims.
• Sexual violence and its consequences should be duly acknowledged and recognized
through reparation programmes.
• Reparations play an important role in the recognition of child victims as right holders.
Justice for
children accused of
terrorism-related oences
Chapter 3
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
A. Specialized juvenile justice system
e present chapter deals with the situation of children who are alleged as, accused of or recognized as
having commied terrorism-related oences and their treatment by the justice system. is is a par-
ticularly important issue relating to the objective of this Handbook. ere is currently a lack of com-
prehensive guidance on how to deal with children who may have commied terrorism-related oences.
Eectively addressing the problem requires both a good understanding of how to address terrorist
oences and a profound knowledge of juvenile justice and applicable juvenile justice standards. is
chapter tries to bring these two dimensions together.
Acts of terrorism pose one of the most serious threats to international peace and security (see
General Assembly resolution 60/288, on the United Nations Global Counter-Terrorism Strategy),
and States have the primary responsibility to protect society from the danger associated with the activ-
ities of terrorist and violent extremist groups. To do so, all States should ensure that any person who
participates in the nancing, planning, preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice and should also ensure that, in addition to any other measures against
them, the punishment duly reects the seriousness of such terrorist acts (Security Council resolution
1373 (2001), para. 2 (e)). Criminal justice responses to terrorism are a key component of national
counter-terrorism strategies and have been developed to reect the specicities and the seriousness of
terrorism-related oences. At the same time, States are obligated to have adequate legal, institutional and
operational frameworks to respect, protect and full children’s rights in the administration of justice.
e international legal instruments against terrorism do not specically address issues relating to
children recruited and exploited by terrorist and violent extremist groups. However, the recent increase
in the number of children associated with terrorist and violent extremist groups and in the number of
children who end up being dealt with by the justice system for having allegedly commied terrorism-
related oences has resulted in a situation where, in many countries, justice professionals face dicul-
ties in determining the applicable legal framework for cases where children are involved with terrorist
and violent extremist groups.
One of the common challenges faced by justice professionals is the determination of the legal status
of the child. On the one hand, it is widely acknowledged that the recruitment of children, regardless of
the circumstances and methods employed, constitutes a violation of international law and leads to
violence and exploitation. On the other hand, because of the tactics utilized by terrorist and violent
extremist groups, children may become the perpetrators of criminal oences that range from pey
oences to serious terrorist aacks. A number of questions arise:
(a) Should the recruitment of a child by a terrorist or violent extremist group determine that
the legal status of the child is that of a victim? And if so, would the child’s victim status exonerate the
child from being held criminally liable for the commission of terrorism-related oences?
(b) In addition to being considered a victim, is it possible to hold the child accountable for the
terrorism-related oence that he or she has allegedly commied? Can a child be a victim and a perpe-
trator at the same time?
(c) How should children be treated when in contact with the justice system?
(d) Which authorities have the competence to deal with such children?
(e) What procedures should be applied?
When children are involved with terrorist and violent extremist groups, public aention frequently
focuses on the indoctrination process and the so-called “radicalization” process and the dangers they
entail in terms of future violence. Such children are oen regarded as belonging to a special category of
oenders, and specialized procedures and measures are adopted to recognize the particular
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
seriousness of terrorist acts. is oen leads to the adoption of a punitive approach with no considera-
tion of child rights, which, in turn, results in lasting consequences for the development of the child and
has a negative impact on his or her opportunities for social reintegration.
e present chapter focuses on providing legal and operational guidance on how the justice process
can be conducted with a view to eectively preserving public safety, while respecting the rights of the
alleged child oender who was recruited by a terrorist or violent extremist group.
. International legal framework applicable to children alleged as
and accused of having committed a terrorism-related oence
e international legal framework provides clear and detailed guidance on the appropriate treatment
of children alleged as, accused of or recognized as having infringed the penal law. e oences include
terrorism-related oences as dened by national law. Compliance of national legal and policy frame-
works with international normative instruments responds to commitments assumed by States and sets
the boundaries to both preserve public safety and promote, respect and full child rights.
e present section addresses issues involving the competent authorities and criminal liability
of children based on: (a) the international legal framework related to juvenile justice; (b) the inter-
national legal framework related to counter-terrorism; (c) international humanitarian law; and
(d) international criminal law.
International legal framework related to juvenile justice
95
e Convention on the Rights of the Child is the primary international legally binding instrument to
dene the key principles applicable to the treatment of children in general, and specically when they are
alleged as, accused of or recognized as having infringed the penal law. Indeed, the following four princi-
ples must be applied at all times, including throughout justice proceedings: (a) non-discrimination;
(b) the best interests of the child; (c) the child’s right to survival and development; and (d) the right to be
heard (articles 2, 3, 6 and 12). Moreover, articles 37 and 40 of the Convention include a number of obli-
gations specically pertaining to the situation of children alleged to have commied oences. ese pro-
visions fully apply regardless of the type or seriousness of the oence, and they are non-derogable in
times of conict or national emergency.
96
It is important to note at the outset that not all children de jure can be considered to have the capac-
ity to commit crimes. According to article 40, paragraph 3 (a) of the Convention on the Rights of the
Child, States parties are required to establish a minimum age below which children are presumed not
to have the capacity to infringe the penal law. Consequently, any child under that age, which is estab-
lished by domestic law, cannot be held criminally liable. e Convention itself does not establish the
minimum age at which children should be regarded as having criminal responsibility. However, in the
United Nations Model Strategies and Practical Measures on the Elimination of Violence against
Children in the Field of Crime Prevention and Criminal Justice (para. 30), Member States are
95
e two most important legally binding instruments related to juvenile justice are the Convention on the Rights of the
Child and the International Covenant on Civil and Political Rights. Additional standards and norms concerning juvenile justice
are also analysed, as they provide further details on the provisions of the Convention on the Rights of the Child in the area of
juvenile justice. ese are complemented by the United Nations standards and norms in juvenile justice: the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)(General Assembly resolution 45/112, annex);
the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (Assembly resolu-
tion 40/33, annex); the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Assembly resolution
45/113, annex); and the Guidelines for Action on Children in the Criminal Justice System (Economic and Social Council
resolution 1997/30, annex ).
96
Only arts. 10, 13 and 15 of the Convention are subject to exceptions on the basis of national security interest.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
encouraged not to set the minimum age of criminal responsibility at too low an age level, and reference
is made to the recommendations of the Commiee on the Rights of the Child to increase the lower
minimum age of criminal responsibility without exception to the age of 12 years as the absolute mini-
mum age and to continue to increase it to a higher age level.
97
In article 40, paragraph 1, of the Convention on the Rights of the Child, it is stated that States par-
ties recognize that every child has the right to be treated in a manner consistent with the child’s sense
of dignity and worth, which takes into account the child’s age and the desirability of promoting the
child’s reintegration and the child’s assuming a constructive role in society. erefore, the primary pur-
pose of any action taken against a child in contact with the justice system as an alleged oender must
be the rehabilitation and reintegration of the child rather than punishment.
98
Children are also provided with additional procedural guarantees by the Convention on the
Rights of the Child. In particular, article 40, paragraph 2, of the Convention sets out the procedural
rights of a child who is alleged as, accused of or recognized as having infringed the penal law, which
apply from the rst moment that a child is apprehended until the end of the criminal process and,
if the child is detained, up until the child reaches the age of 18. ese provisions should be applied
in all cases, also including in cases where a child is charged with an oence related to terrorism or
violent extremism.
Article 40, paragraph 2 (b) (iii), of the Convention requires children to be tried by a competent,
independent and impartial authority, tribunal or judicial body. In addition, the Convention calls for
the establishment of specic laws, procedures, authorities and institutions to deal with these children.
Gravity of the oence provides no exception to this rule.
International legal framework related to counter-terrorism
Universal counter-terrorism conventions and protocols set out specic acts, which States are obliged
to criminalize and prosecute. ese include terrorist bombings; hostage-taking; crimes against inter-
nationally protected persons; oences linked to civil aviation, ships and xed platforms; oences
linked to dangerous materials (including nuclear materials); and the nancing of terrorism. In addi-
tion, the Security Council, in its resolution 2178 (2014), decided that all States should ensure that
their domestic laws are able to make sure that individuals who engage in cross-border travel for the
purpose of the perpetration, planning or preparation of or participation in terrorist acts, or the provid-
ing or receiving of terrorist training, are prosecuted and penalized in a maer reecting the seriousness
of the criminal oence.
Furthermore, the Security Council, in its resolution 1373 (2001), decided that all States should
take the necessary steps to prevent the commission of terrorist acts and should ensure that any per-
son who participates in the nancing, planning, preparation or perpetration of terrorist acts or in
supporting terrorist acts is brought to justice, that such terrorist acts are established as serious crimi-
nal oences in domestic laws and regulations and that the punishment duly reects the seriousness
of such terrorist acts. e requirement to adopt penalties reecting the gravity of terrorism-related
crimes is also enshrined in the universal counter-terrorism instruments.
99
States are required to
make punishable dierent forms of participation in terrorist acts: complicity, planning and direct-
ing, aiding and abeing, and participation in a joint enterprise. However, there is no requirement in
97
See also General comment No. 10 (2007) on children’s rights in juvenile justice (Ocial Records of the General Assembly,
Sixty-third Session, Supplement No. 41 (A/63/41), annex IV), para. 30.
98
is is in line with rule 26.1 of the Beijing Rules.
99
See, for example, subpara. (b) of art. 4 of the International Convention for the Suppression of Terrorist Bombings
(United Nations, Treaty Series, vol. 2149, No. 37517).
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
the universal counter-terrorism instruments to criminalize association with or membership in a
terrorist group.
100
e international legal framework on terrorism does not specically address the question of chil-
dren recruited and exploited by terrorist groups or violent extremist groups as alleged perpetrators. In
its resolution 1624 (2005), however, the Security Council obliged States to ensure that any measures
taken to combat terrorism comply with all their obligations under international law and to adopt such
measures in accordance with international law, in particular international human rights law, refugee
law and humanitarian law. And, pursuant to article 14 of the Convention for the Suppression of
Terrorist Bombings, individuals alleged as, accused of or recognized as having commied a terrorism-
related oence are to be guaranteed fair treatment, including enjoyment of all rights and guarantees in
conformity with the law of the State in the territory of which that person is present and applicable
provisions of international law, including international human rights law.
In its resolution 70/291 on the United Nations Global Counter-Terrorism Strategy Review, the
General Assembly reiterated that, given his or her potential status as a victim of terrorism as well as of
other violations of international law, every child alleged as, accused of or recognized as having commit-
ted terrorist acts should be treated in a manner consistent with his or her rights, dignity and needs, in
accordance with applicable international law, in particular obligations under the Convention on the
Rights of the Child.
e counter-terrorism conventions and protocols and Security Council resolutions are silent on
whether States should establish specialized investigation and prosecution services, or specialized
courts to deal with terrorism cases. e advantages of establishing specialized investigatory, prosecu-
tion and judicial bodies to deal with terrorism-related oences, as well as of the related specialization
of criminal justice professionals, have been stated very clearly.
101
However, there is no obligation under
international law to assign exclusive competence for cases involving terrorism to specialized institu-
tions and procedures.
International humanitarian law
International humanitarian law does not contain any provision related to the criminal liability of chil-
dren or to their treatment by domestic justice systems. However, the applicable provisions of inter-
national humanitarian law relating to criminal proceedings can be especially relevant in the context of
conict, including in relation to terrorist acts.
Assuming that violence is a constitutive part of conict, international humanitarian law makes a
distinction between permissible acts of violence and non-permissible acts of violence. It also pre-
scribes the prosecution of perpetrators of acts of violence. In the broadest terms, direct aacks against
civilians are prohibited unless and for such time as the civilians take a direct part in hostilities.
Conversely, violence against members of the opposing party to the conict is permissible, as long as
they are engaged in hostilities (i.e. they are not placed hors de combat) and unless it violates a particu-
lar rule concerning the means or methods used (for example, where they are perdious or involve
unnecessary pain and suering).
International humanitarian law prohibits acts or threats of violence the primary purpose of which is
to spread terror among the civilian population (article 51, para. 2, of Protocol I to the Geneva
Conventions) and acts of terror against the civilian population (article 4, para. 2 (d), and article 13,
para. 2, of Protocol II to the Geneva Conventions). Equally prohibited are the killing, torture and
100
At the regional level, the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism
requires member States to criminalize participating in an association or group for the purpose of terrorism.
101
See, inter alia, the Hague Memorandum on Good Practices for the Judiciary in Adjudicating Terrorism Oenses, in
particular Good Practice 1.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
outrages against human dignity of persons not or no longer taking part in hostilities.
102
Such acts may
amount to war crimes and should be prosecuted. In contrast, in international armed conicts, combat-
ants enjoy immunity from prosecution for lawful acts of war. In non-international armed conicts,
participation in hostilities can be subject to national criminal laws and criminal punishment, including
for national security oences and under counter-terrorism legislation. However, Protocol II (which is
applicable to non-international armed conicts) encourages authorities to grant amnesty at the end of
hostilities to those who have participated in the armed conict or those deprived of their liberty for
reasons related to the armed conict (article 6, para. 5).
e Paris Principles state that children who have been associated with armed forces or armed
groups should not be prosecuted or punished or threatened with prosecution or punishment solely for
their membership in those forces or groups (para. 8.7).
In addition, they provide that children who are
accused of crimes under international law allegedly commied while they were associated with armed
forces or armed groups should be considered primarily as victims of oences against international law,
not only as perpetrators. Accordingly, they should be treated with rehabilitation in mind and alterna-
tives to judicial proceedings should be sought wherever possible (paras. 3.6 and 3.7), with the conse-
quence that justice measures should be seen as a measure of last resort.
103
In addition, it is rearmed
that children accused of crimes under international or national law allegedly commied while associ-
ated with armed forces or armed groups are entitled to be treated in accordance with international
standards for juvenile justice (para. 8.8).
International criminal law
International criminal law is a body of international law prohibiting certain categories of conduct viewed
as the most serious crimes of concern to the international community as a whole (Rome Statute, pream-
ble). It seeks to make individual perpetrators of such conduct criminally accountable for their actions.
e core crimes under international law are genocide, war crimes, crimes against humanity and the crime
of aggression. With the exception of the Special Tribunal for Lebanon, a so-called “hybrid tribunal”
applying terrorism oences under Lebanese criminal law, “terrorism” is not an oence over which the
international criminal tribunals have so far been given jurisdiction. at having been said, many of the
atrocities terrorist groups reportedly have commied, including some that involved the use of children
for their commission, would appear to amount to war crimes or crimes against humanity.
104
e provisions outlined below are signicant in terms of international criminal responsibility of
children, as well as in terms of determining the legal status of the children as victims of a violation of
international law. With regard to the jurisdiction of international criminal tribunals over children,
dierences exist. Article 26 of the Rome Statute explicitly excludes jurisdiction of the International
Criminal Court over individuals under 18 years of age. e Statute of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law
Commied in the Territory of the Former Yugoslavia since 1991, however, does not include any com-
parable provision but the Tribunal has not indicted anyone under the age of 18. While the Statute of
the Special Court for Sierra Leone explicitly grants the Court jurisdiction to try children between the
ages of 15 and 18 at the time of the crime, the Court has not tried anyone who was under 18 at the time
of commission of the oence.
In connection with the determination of children’s legal status as victims, in the Rome Statute, “war
crimes” include the recruitment of children under 15 into an armed group or their use in hostilities
102
Geneva Conventions of 12 August 1949 (United Nations, Treaty Series, vol. 75, Nos. 970-973), common article 3.
103
C. Hamilton and L. Dutordoir, “Children and justice during and inthe aermath of armed conict”, Working Paper No. 3
(September 2011), p. 28.
104
See, for example, the discussion of acts commied by Boko Haram in “Report on Preliminary Examination Activities
2015”, paras. 195-209.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
(article 8, para. 2, subparas. (b) (xxvi) and (e) (vii)), as well as the commission of rape, sexual slavery,
enforced prostitution or forced pregnancy (article 8, para. 2, subparas. (b) (xxii) and (e) (vi)).
erefore, children recruited and exploited by violent extremist and terrorist groups in an armed con-
ict who are subject to the above-mentioned violations must be considered victims of war crimes.
. Laying the foundations for the treatment of children alleged
to have committed or accused of committing terrorism-
related oences
In cases where an individual under the age of 18 and over the minimum age of criminal responsibility
has been recruited by a terrorist or violent extremist group and is in contact with the justice system for
having allegedly commied a terrorism-related oence, States should ensure that accountability
mechanisms are fully in line with international law related to juvenile justice.
e present section provides an overview of key issues to be considered prior to establishing
criminal accountability of a child alleged to have commied terrorist oences.
The status of children alleged to have committed terrorism-related oences
Since the emergence of the phenomenon of children’s recruitment by terrorist and violent extremist
groups, experts and policymakers have debated over the legal status of children who are alleged to have
commied terrorism-related crimes. In particular, they have discussed whether and how children hold
dual identities as victims and perpetrators.
105
At the outset of this discussion, it is important to underline that the international legal framework
has clearly established that recruiting and exploiting children are violations of international law and
forms of violence in which the children become victims (see chapters I and II above). Recognizing that
such children should be treated primarily as victims also rearms that no child recruitment process
can be regarded as truly voluntary, because of the cognitive abilities of the child, and the dierent
forms of coercion or inuence associated with recruitment methods.
As for the reasons why terrorist and violent extremist groups target children for recruitment and
exploitation and why children join such groups, those reasons are oen substantially the same, regard-
less of whether or not the armed groups have been designated as terrorist groups. e roles and activi-
ties children get involved in may also be the same, as are the forms of violence they are subjected to.
While counter-terrorism law, both international and domestic, draws a distinction between terrorist
groups and armed groups not designated as terrorist groups, from the point of view of international
humanitarian law and the human rights law protecting children against use in armed conict, the situ-
ation of the children does not dier. For that reason, justice authorities should recognize the “primarily
victim” status of children recruited by terrorist and violent extremist groups, particularly in situations
of armed conict.
However, the imperative of treating a child recruited by a terrorist or violent extremist group “pri-
marily as a victim” does not mean that the child should be granted immunity for criminal acts commit-
ted during his or her association with the terrorist or violent extremist group. Instead, the notion of
primary victimization should be duly recognized, integrated and considered at the dierent stages of
the justice process. is means that children should be awarded the safeguards and guarantees of child
victims, concerning safety, safeguards and appropriate assistance, including reparations (see chapter II
105
European Commission, Radicalisation Awareness Network, “N issue paper: child returnees from conict zones”
(November 2016), p. 2.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
above). It also means that prosecution should always be regarded as a measure of last resort and, when-
ever a child is alleged to have commied a criminal oence, the rights and safeguards provided by the
international legal framework for child oenders should be fully respected and applied.
However, as mentioned in chapter II above, in cases where violence commied against a child by
terrorist and violent extremist groups qualies as the crime of tracking in persons, the child should
be treated, and aorded protection, as a victim of tracking in persons. An important element of the
victim protection framework is the non-punishment of victims of tracking for oences directly
connected or related to the tracking situation that they have experienced.
e non-punishment principle for child victims of tracking in persons is accepted as international
good practice and is recognized in a number of regional legal instruments and policy documents.
106
e non-punishment principle should apply regardless of the role of the child in the oence and where
the oence was commied and irrespective of the initiation or outcomes of criminal proceedings, or
the charges brought forward against the perpetrators.
107
Recently, the Security Council, in its resolution 2331 (2016) on tracking in persons in conict
situations, called upon Member States to ensure that victims are treated as victims of crime and in line
with domestic legislation not penalized or stigmatized for their involvement in any unlawful activities
in which they have been compelled to engage.
It is therefore advisable that States take all measures necessary to ensure that victims of tracking are
not prosecuted, deprived of liberty or otherwise sanctioned, whether criminally or administratively, for
oences commied in relation to their tracking experience. Applying such provisions, where they exist,
may prove to be crucial for the rehabilitation and the physical and mental recovery of the child victim.
Respect for the minimum age of criminal responsibility
National legislation establishes a minimum age under which a child is presumed not to have the capac-
ity to infringe the penal law. Consequently, a child under that age cannot be held criminally liable and
instead should be dealt with exclusively by the child protection system.
In some countries, legislation and practice regarding terrorism-related oences, on the basis of the
serious nature of the oences, introduce exceptions to and/or derogations from the minimum age of
criminal responsibility. For example, two dierent age thresholds are set, usually lowering the mini-
mum age of criminal responsibility for the commission of serious crimes, including terrorist oences.
Such exceptions and derogations contradict the nature of the minimum age of criminal responsibil-
ity. It cannot be assumed that the seriousness of the act that the child has allegedly commied neces-
sarily implies a greater maturity of that person. Accordingly, the Commiee on the Rights of the Child
has expressed great concern over such practices and recommended that the minimum age should be
the same for all criminal oences
108
and that no exception should be provided on the basis of the nature
of the oence. It is thus of crucial importance that legislation concerning terrorism-related oences
takes into consideration the minimum age of criminal responsibility established by domestic law and
does not introduce exceptions.
109
In addition to having an appropriate denition of minimum age of criminal responsibility in
national legislation, suitable measures should be taken to ensure respect of it in practice. In particular,
106
See, in particular: art. 26 of the Council of Europe Convention on Action against Tracking in Human Beings; art. 14,
para. 7, of the ASEAN Convention against Tracking in Persons, Especially Women and Children; European Parliament and
Council of the European Union directive 2011/36/EU on preventing and combating tracking in human beings and protecting
its victims; and Principle 7 of the Recommended Principles and Guidelines on Human Rights and Human Tracking.
107
UNICEF Innocenti Research Centre, Child Tracking in the Nordic Countries: Rethinking Strategies and National
Responses―A Technical Report (May 2012), p. 99.
108
A/63/41, annex IV, paras. 30 and 35.
109
UNICEF, “South Asia and the minimum age of criminal responsibility: raising the standard of protection for children’s
rights” (Kathmandu, UNICEF Regional Oce for South Asia, 2005), p. 15.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
child-sensitive age assessment methods (see chapter II above) should be applied when there are issues
in determining the child’s exact age, in order to avoid having a situation in which a child under the
minimum age of criminal responsibility is nevertheless held criminally responsible or a child under the
age of 18 is treated as an adult. Moreover, the age to be considered is that of the child at the time of the
oence, not the age of the child upon apprehension or at the time of trial. When terrorism-related
oences have been commied over a long period of association with a group, there should be a dier-
entiation in this regard.
Competence of the juvenile justice system
As mentioned above, the Convention on the Rights of the Child requires States parties to establish
laws, procedures, authorities and institutions specically applicable to children alleged to have com-
mied oences (article 40, para. 3). In other words, a State is obligated to establish a specialized juve-
nile justice system
110
to prosecute and adjudicate children who are over the State’s minimum age of
criminal responsibility
111
and under the age of 18. No exception to the competence of this system to
prosecute and adjudicate children is provided for on the basis of the gravity of the oence.
e State’s obligation to establish a specialized juvenile justice system derives from an international
consensus that due to their age and immaturity, individuals under the age of 18 who are alleged to have or
are accused of having infringed the penal law require treatment in criminal proceedings that is separate
and dierent from the treatment of adults in criminal proceedings. erefore, juvenile justice systems, in
addition to focusing on the nature of the oence commied, should also be responsive to the child’s care
and developmental needs in order to ensure that children are reintegrated into their communities.
ere are some notable dierences between a juvenile justice system and the criminal justice sys-
tem applicable to adults. One major dierence relates to the dual role of juvenile justice, which is aimed
not only to preserve public safety and hold a perpetrator accountable for having commied a crime,
but also to protect the rights of a child alleged to have commied an oence and promote his or her
reintegration into society.
112
Another major dierence is that the best interests of the child remain a
primary consideration, even in criminal cases.
113
Children are also provided with a greater level of
procedural protection by the Convention on the Rights of the Child.
In many countries, however, there is a lack of understanding about the role and functions of the
juvenile justice system. For instance, it may be wrongly assumed that the criminal justice system appli-
cable to adults is the only eective system to protect society from serious crime, while the juvenile
justice system has the exclusive role of protecting children. It is of crucial importance to clarify these
misperceptions. e juvenile justice system, while being particularly adapted to making special consid-
erations for the social reintegration of a child, is not merely to protect children. In fact, it is also a key
objective of the juvenile justice system to establish eective accountability mechanisms and therefore
to protect society from crime.
110
e term “juvenile justice system” refers to the laws, policies, guidelines, customary norms, systems, professionals, institu-
tions and treatment specically applicable to children in conict with the law. In addition, the term “children in conict with the
law” refers specically to those individuals under the age of 18 who are alleged as, accused of or recognized as having infringed
the penal law.
111
In art. 40, para. 3(a), of the Convention, States parties are obliged to establish a minimum age under which children shall
be presumed not to have the capacity to infringe the criminal law. e age set by States varies between 7 and 18, but the
Commiee on the Rights of the Child has recommended (A/63/41, annex IV, para. 32) that the minimum age of criminal
responsibility should not be under 12 years of age.
112
According to art. 40, para. 1, of the Convention on the Rights of the Child, States parties recognize the right of every child
alleged as, accused of or recognized as having infringed the penal law to be treated in a manner consistent with the child’s sense
of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which
takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a construc-
tive role in society.
113
Convention on the Rights of the Child, art. 3.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Accordingly, children accused of terrorism-related oences should not be dealt with by authorities
not specialized in the treatment of children. International law requires the establishment of specialized
laws, procedures, authorities and institutions to deal with children. While the establishment of special-
ized investigatory and judicial authorities for terrorism-related oences has been recommended as a
good practice, it is not a binding legal obligation under international counter-terrorism law.
When a child is alleged to have commied a terrorism-related oence jointly with an adult, the
competence of authorities and institutions specically applicable to a child should prevail. at may
entail conducting separate proceedings for the child and for the adult as alleged oenders.
ese considerations are especially relevant when specialized counter-terrorism proceedings are
carried out before military courts. e trial of civilians, including those accused of terrorism or national
security oences, by special or military courts is generally impermissible under international human
rights law and can be used only in exceptional circumstances, as a last resort.
114
e Commiee on the
Rights of the Child
115
has expressed specic concerns about children being tried before military
courts,
116
which inherently denies children the application of juvenile justice standards.
Specialization of professionals
e specialization of professionals who enter into contact with children is crucial to increasing the
eectiveness of the juvenile justice system. It promotes a greater understanding of the specic needs
and rights of children and favours the appropriate treatment of the child throughout his or her contact
with the justice system. Specialization can to some extent be guaranteed through the establishment
of authorities and institutions specically applicable to children, such as specialized police units,
prosecution services and juvenile court.
Stang requirements, veing mechanisms and recruitment and employment procedures should be
clearly dened, in order to ensure that all sta coming in contact with children are highly qualied. Veing
mechanisms are also vital to ensuring that selected sta have no record of violence or sexual oences.
e Commiee on the Rights of the Child recognizes the importance of well-informed profes-
sionals. e following excerpt is from general comment No. 10 (2007) of the Commiee on the
Rights of the Child:
117
Professionals should be well informed about the child’s, and particularly about the adolescent’s physical,
psychological, mental and social development, as well as about the special needs of the most vulnerable
children, such as children with disabilities, displaced children, street children, refugee and asylum-
seeking children, and children belonging to racial, ethnic, religious, linguistic or other minorities.
Terrorism-related cases involve particular considerations, especially in terms of security concerns,
specialized legal competencies and special investigation techniques and resources. It is thus highly rec-
ommended that the professionals in charge of dealing with such cases undergo specialized training and
are equipped with adequate resources.
114
For more details, see UNODC, Human Rights and Criminal Justice Responses to Terrorism, pp. 147-148; and the report of
the Special Rapporteur on the independence of judges and lawyers (E/CN.4/2004/60), para. 60.
115
e Commiee issued general comment No. 10 (2007), on children’s rights in juvenile justice, to provide States parties
with more elaborated guidance and recommendations for their eorts to establish an administration of juvenile justice in com-
pliance with the Convention (A/63/41, annex IV, para. 3).
116
“Concluding observations on the second to fourth periodic reports of Israel, adopted by the Commiee at its sixty-third
session (27 May-14 June 2013)” (CRC/C/ISR/CO/2-4), paras. 19-20.
117
General comment No. 10 (2007) on children’s rights in juvenile justice (HRI/GEN/1/Rev.9 (Vol. II)), chap. VI, para. 40.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
Terrorism-related charges brought against children
e past decade has seen the progressive broadening of the criminalization, in the domestic law of
numerous countries, of conduct related to terrorism, including preparatory acts and forms of complicity,
conspiracy and associative oences. e expanded use of inchoate oences and preparatory act oences
has contributed to an increasing number of children in contact with the justice system on the basis of
their association with terrorist and violent extremist groups.
118
e Secretary-General has noted with
concern that children formerly associated with such groups are oen systematically treated as security
threats rather than as victims and are detained and prosecuted for their alleged association.
119
According to the Neuchâtel Memorandum on Good Practices for Juvenile Justice in a
Counterterrorism Context, one recent trend in global terrorism is the high number of children who are
radicalized to violence, recruited, and involved in terrorism-related activities. Increasingly, children are
being recruited by terrorist groups within or outside their country. Some are abducted or forcibly
recruited, some are enticed by promises of money or other material advantages, some join voluntarily
and some have lile or no choice but to accompany their parents or other family members.
e circumstances of children associated with terrorist and violent extremist groups vary widely.
For a signicant number of these children, their situation may be directly comparable to that of child
soldiers in that the children nd themselves involuntarily caught up in a situation of armed conict,
where they associate themselves (whether voluntarily or through force) with a terrorist or violent
extremist group. It is therefore important to note that in the Paris Principles, it is stated that children
who have been associated with armed forces or armed groups should not be prosecuted or punished or
threatened with prosecution or punishment solely for their membership of those forces or groups
118
See Global Counterterrorism Forum, “Recommendations on the eective use of appropriate alternative measures for ter-
rorism-related oences”, p. 2.
119
Children and armed conict: report of the Secretary-General (A/70/836-S/2016/360), para. 16.
Developing a specialized cadre of professionals to deal with cases
involving terrorism
The following excerpt is from the Global Counterterrorism Forum’s Rabat Memorandum on
Good Practices for Eective Counterterrorism Practice in the Criminal Justice Sector:
Good Practice 8: Provide for the professional development of investigators, prosecutors
and judges who handle terrorism cases
A long-term commitment to developing and building a specialized cadre of permanent
career investigators, prosecutors and judges (where relevant) is needed to ensure
eective prosecution. Career prosecution and investigative services should be equipped
with the infrastructure, remuneration and specialized training they need to perform
critical counter-terrorism functions within the criminal justice system. In particular, they
should be able to handle the complex legal, forensic, technological and nancial aspects
of counter-terrorism investigations and prosecutions. A competent and impartial judiciary
attuned to the complexity and importance of terrorism cases, including human rights
aspects, is also critical to an eective criminal justice approach to counter-terrorism
within a rule of law framework. Training and resources necessary to handle these cases
appropriately should be available to investigators, prosecutors and judges.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
(para. 8.7). Against this background, States should refrain from charging and prosecuting children
associated with terrorist or violent extremist groups for mere association with those groups, in particu-
lar in any such cases where the child’s association with the terrorist or violent extremist group is com-
parable to the situation of a child soldier who is associated with an armed force or armed group.
Case study: Children in Switzerland alleged to have or accused of
having committed criminal oences in Switzerland
Switzerland has established a specialized juvenile justice system, applicable to children
over the minimum age of criminal responsibility and under the age of 18. This system is
codied in the Juvenile Criminal Law Act and the Juvenile Criminal Procedure Code. In
contrast to criminal law applicable to adults, the juvenile justice system pays special
attention to the life and family situation of the young individual, to the development of
the individual’s personality and to educational principles.
Recently, Switzerland has been facing the phenomenon of citizens returning from the
Syrian Arab Republic or another country with a war zone. These individuals may,
depending on the circumstances, be suspected of participating in or supporting a
terrorist organization and subject to a criminal investigation. Where the suspects are
juveniles (under 18 years of age at the time of their departure), the competent authority
is the prosecutor’s oce of the Swiss canton in which the young person resides.
The Swiss system has established that there is no exception to the competency of the
juvenile justice system in cases of terrorism involving children. Accordingly, the
prosecution is led by the cantonal juvenile court judge and the juvenile prosecutor
carries out all the investigative activities necessary to ascertain the truth. Once this
phase is completed, the prosecutor has the choice to close the proceedings, issue a
summary penalty order or bring charges before the juvenile court. It is also worth noting
that prosecution is waived or abandoned if a mediation procedure leading to an
agreement between the injured person and the minor is carried out.
Whether a child requires special educational care or therapeutic treatment is determined
on a case-by-case basis. Irrespective of whether the minor is responsible for the
commission of a crime, various protective measures can be selected according to the
child’s needs, such as supervision, personal care, outpatient care or accommodation. If
the culpability of the child is ascertained, the court orders a penalty, either in addition
to the protection measure or as the sole sanction. Depending on the act, penalties can
take the form of an admonition, a personal work order, a ne or deprivation of liberty.
However, precise limits are set to detention measures. Deprivation of liberty may only
be ordered for a maximum of one year in the case of misdemeanours or felonies
committed by children who have attained the age of 15. Children over 16 years of age
who have committed serious oences may be sentenced to deprivation of liberty for up
to four years.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
Checklist for practitioners: keyelements
• States must ensure that any measures taken to combat terrorism, including the
investigation and prosecution of persons suspected of terrorism-related oences,
comply with all the obligations related to child rights under international law, in
particular international human rights law, refugee law and humanitarian law.
• Any child alleged as, accused of or recognized as having committed a terrorism-related
oence or an oence against national security has the right to be treated in a manner
consistent with the promotion of the child’s sense of dignity and worth, which
reinforces the child’s respect for the human rights and fundamental freedoms of
others and which takes into account the child’s age and the desirability of promoting
the child’s reintegration and the child’s assuming a constructive role in society.
• Any child associated with a terrorist or violent extremist group should be primarily
considered a victim of a violation of the international normative framework. In this
regard, irrespective of considerations of their legal responsibility with regard to any
alleged oence dened as terrorist and/or a threat to national security under
national legislation, such children should be aorded the rights set forth by the
international legal framework related to child victims.
• Children who have been associated with a violent extremist or terrorist group should
not be prosecuted or punished or threatened with prosecution or punishment solely
for their membership in the group, particularly where association with the group has
taken place in a context of armed conflict.
• Whenever the violence committed against a child by a terrorist or violent extremist
group qualies as tracking in persons, the child should be treated and aorded
protections as a victim of tracking in persons and should not be prosecuted,
deprived of liberty or otherwise sanctioned, whether criminally or administratively, for
oences committed as a consequence of his or her situation as a tracked person.
• Being charged with terrorism-related oences or oences against national security
should not constitute cause to rebut the conclusive presumption that a child under
the minimum age of criminal responsibility, as dened by domestic legal system,
cannot commit a criminal oence. Equally, it should not constitute cause to
prosecute and try a child, or a person who was under 18 at the time of the alleged
oence, as an adult. Domestic legislation should not dene dierent (lower) ages of
criminal responsibility solely for terrorism-related oences or for oences against
national security.
• Any child alleged as, accused of or recognized as having committed a terrorism-
related oence has the right to have the matter determined without delay by a
competent, independent and impartial authority or judicial body in a fair hearing
according to law and should be treated in accordance with laws and procedures and
dealt with by authorities following procedures specically applicable to children. At
the same time, it is recommended that criminal justice ocials handling terrorism
cases undergo specialized training and be equipped with adequate resources.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
B. Pretrial stage
Evidence shows that children are especially vulnerable to violence during their initial contact with law
enforcement ocers and others in the justice system. e risks of intimidation, bribes, beatings, sexual
violence and even torture are usually aggravated by the absence of the children’s parents and lawyers.
120
Specialized procedures adopted in the framework of counter-terrorism or a state of emergency can
have a further impact on the safety of children. Oen such “exceptional procedures” include broader
powers of arrest, longer periods in police custody and delayed access to legal representation.
In many national legal systems, the gravity of terrorism-related oences means that the possibility
of alternatives to formal judicial proceedings or diversion mechanisms cannot or will not be taken into
consideration. Moreover, the backlog caused by the considerable number of terrorism-related cases,
especially in areas of conict, slows down criminal proceedings and delays appropriate treatment of
children. is negatively aects the functioning of the entire justice process and undermines the pos-
sibility of adjudication and remand detention in compliance with juvenile justice standards. In the
long term, the impact of prolonged detention and denied or delayed access to services limits the
opportunities of eective reintegration processes.
Law enforcement and security forces may be the rst to come in contact with children who have
been demobilized, or have been captured during their association with terrorist groups, especially in
situations of conict. While this does not, and should not, entail bringing criminal charges against
these children, it points to the need for law enforcement ocers to be trained in the appropriate treat-
ment of children and for dierent options favouring the reintegration of children.
. International standards and norms concerning the treatment
of children upon arrest and during the pretrial stage
is section presents an analysis of the requirements for appropriate treatment of children during
investigation and the pretrial stage, according to international law. Juvenile justice standards and norms
provide especially detailed rules, and their application is not in contrast with the obligations under
international law related to counter-terrorism.
International legal framework related to countering terrorism
e international legal framework against terrorism does not provide detailed guidance regarding the
arrest of the alleged oender and his or her treatment during the pretrial stage. While in the relevant
conventions, protocols and Security Council resolutions emphasis is on the importance of the crimi-
nal justice response to terrorist crimes, notably through the obligation to criminalize and prosecute,
the framing of that response is largely le to domestic criminal justice systems. e universal counter-
terrorism instruments typically state only that any person who is taken into custody or regarding
whom any other measures are taken or proceedings are carried out must be guaranteed fair treatment,
including enjoyment of all rights and guarantees in conformity with the law of the State in the territory
of which that person is present and applicable provisions of international law, including international
law of human rights.
121
120
Oce of the United Nations High Commissioner for Human Rights, United Nations Oce on Drugs and Crime and
Special Representative of the Secretary-General on Violence against Children, “Prevention of and responses to violence against
children within the juvenile justice system ” (New York, 2012), pp. 11-13.
121
See, for example, art. 14 of the International Convention for the Suppression of Terrorist Bombings.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
To meet their obligation to eectively bring to justice persons suspected of terrorism-related
oences, States have enacted laws strengthening investigatory powers through broader powers of law
enforcement to carry out searches and seizures, special investigation techniques, such as undercover
operations and covert surveillance of communications, and enhanced exchange of information
between intelligence agencies and law enforcement agencies. States have also enacted laws extending
police custody and pretrial detention periods.
International legal framework related to juvenile justice
According to the international legal framework related to juvenile justice, all contact between the law
enforcement agency and the child alleged to have commied an oence should be managed in such a
way as to respect the legal status of the child, promote the well-being of the child and avoid harm, with
due regard to the circumstances of the case.
122
Should initial contact occur in the absence of the parents
or legal guardians, the authorities have an obligation to notify them immediately.
123
Any interview or
questioning should be preceded by the provision of appropriate information to the child, parents and
legal guardians, and prompt access to legal aid should also be guaranteed.
124
In addition, starting at the
earliest stages and during the entire period when the child is in contact with the justice system, the use
of force or restraints should be limited to exceptional circumstances, which can be dened as situations
where the child poses an imminent threat of injury to himself or herself or others; it should also be
claried that restraints or force must never be used as a means of punishment.
125
e international legal framework on juvenile justice provides for the opportunity to apply pretrial
diversion measures from the earliest stages of the proceedings. According to article 40, paragraph 3 (b),
of the Convention on the Rights of the Child, States should seek to promote, whenever appropriate
and desirable, measures for dealing with children in conict with the law without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully respected.
126
Diversion meas-
ures can only be applied following informed consent of the child (rule 11.3 of the Beijing Rules).
Whenever possible, police custody and pretrial detention should be avoided and alternative meas-
ures to detention should be considered, such as close supervision, care or placement with a family or in
an educational seing or home. is is in line with article 37, subparagraph (b), of the Convention on
the Rights of the Child, which states that detention should be used only as a measure of last resort and
for the shortest appropriate period of time. International standards and norms also contain a number
of provisions aimed at ensuring that conditions of pretrial detention comply with the rights and needs
of children and are consistent with the presumption of innocence. ey include:
122
See, for example, the Beijing Rules, rule 10.3.
123
See, for example, the Beijing Rules, rule 10.1; and the Guidelines on Justice in Maers involving Child Victims and
Witnesses of Crime (Economic and Social Council resolution 2005/20, annex), para. 19.
124
United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of
Crime Prevention and Criminal Justice (General Assembly resolution 69/194, annex), para. 34 (f).
125
CRC/C/GC/10, para. 89.
126
Diversionary measures are also referred to in the Beijing Rules (rule 11), the Guidelines for Action on Children in the
Criminal Justice System (Economic and Social Council resolution 1997/30, annex, paras. 15 and 42) and the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) (General Assembly resolution 45/110, annex) (rule
2.5). According to the Beijing Rules (rule 11.2), diversion may be used at any point of decision-making by the police, the pros-
ecution or other agencies such as the courts, tribunals, boards or councils. It may be exercised by one, several or all of the
authorities involved, according to the rules and policies of the respective systems. Its use is not necessarily limited to pey cases,
thus rendering diversion an important instrument.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
(a) Children should be separated from adults, except in certain circumstances where it may not
be in their best interests to do so,
127
and girls should be separated from boys. Children in pretrial deten-
tion should also be held separately from convicted children;
128
(b) Children have the right to prompt access to legal counsel, and they can apply for free legal
aid and communicate regularly with their legal advisers, in respect of privacy and condentiality
requirements;
129
(c) e child’s contact with his or her parents and family should be maintained regularly,
regardless of the nature of the oence that the child may be charged with;
(d) Children should receive and retain materials for their leisure and recreation to the extent
that this is compatible with the interests of the administration of justice;
130
(e) Children have the right to challenge the legality of the detention before a court or other compe-
tent independent and impartial authority and the right to a prompt decision on any such action.
131
2. Arrest and investigation in terrorism-related cases involving
children
Practitioners in dierent regions of the world are facing considerable challenges in balancing the need
to protect child rights with the specic arrest and investigation procedures adopted in terrorism-
related cases. e present section provides guidance on how to eectively investigate terrorism
oences while respecting the rights of the child during investigation and upon arrest.
Special investigation techniques and children
e clandestine nature of terrorist conspiracies and activities and the mode of operation of terrorist
organizations require specialized investigation methods. e term “special investigation techniques” is
used to refer to techniques adopted in the context of criminal investigations for the purpose of detect-
ing and investigating serious crimes and suspects, aiming at gathering information in such a way as not
to alert the target persons.
132
ey include the use of undercover agents and informants to inltrate
terrorist groups and the use of covert surveillance methods, such as intercepting telephone and email
communications.
e use of special investigation techniques in cases involving children recruited and exploited by
terrorist and violent extremist groups can raise delicate legal and ethical problems for investigation
agencies.
133
For instance, exerting pressure on a person involved with a terrorist group to become a
police informer can yield highly valuable information on the group’s plans but places the informer’s life
at considerable risk. is risk may be acceptable in the interest of public security in cases where the
potential informer is an adult, but in many instances it will not be acceptable if the potential informer
is a child. Similarly, a surveillance operation allowing the investigators to follow over a period of time
127
Art. 37, subpara. (c), of the Convention on the Rights of the Child; and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty, para. 30.
128
Art. 10, para. 2, of the International Covenant on Civil and Political Rights; art. 37 of the Convention on the Rights of the
Child; rule 13.4 of the Beijing Rules; and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
para. 17.
129
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 18 (a).
130
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 18 (c).
131
Art. 37, subpara. (d), of the Convention on the Rights of the Child; and rule 7.1 of the Beijing Rules, according to which
basic procedural safeguards such as the right to appeal to a higher authority are to be guaranteed at all stages of proceedings.
132
Recommendation Rec(2005)10 of the Commiee of Ministers to member States on “special investigation techniques” in
relation to serious crimes including acts of terrorism.
133
is section examines specic child-related human rights questions. On more general issues of human rights and compli-
ant use of special investigation techniques, see UNODC, Human Rights and Criminal Justice Responses to Terrorism, Counter-
Terrorism Legal Training Curriculum series (Vienna, 2014), pp. 88-103.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
the preparations for a terrorist aack can provide invaluable evidence. However, where one of the per-
sons under surveillance is a child, allowing that child to become more and more deeply involved in an
act of terrorism may cause unjustiable harm to the child. In dealing with such situations, investigators
are required to take into account the obligation to protect the child from violence and harm, the prin-
ciple of the best interests of the child, and the desirability of promoting the child’s reintegration. is
may require them to reach the conclusion that investigative measures that would have been permissi-
ble if all the suspects were adults are not permissible because a child suspect is involved.
Regulation of appropriate conduct with children during arrest
It is important for criminal justice ocials to appreciate how the use of special counter-terrorism pow-
ers regarding arrest, searches, interrogation, police custody and detention can aect children more
deeply than adults in view of the developmental level of children. In particular, the potential for harm,
as well as negative secondary eects, including mistrust, stigma and traumatic reactions, is especially
enhanced. e application of the criteria of necessity and proportionality, which should govern deci-
sions on measures such as searches, arrest and detention,
134
must take this into account.
In addition, the eectiveness of such deviations from usual practice can also be quite dierent in
cases involving children. It is well recognized that children are more vulnerable to self-incrimination,
to confessing crimes they have not commied and to being wrongfully convicted. eir developmen-
tal vulnerabilities, and specically their reactions to pressure, intimidation, and authority, largely
account for such behaviours and increase the risk of inaccurate accounts by children.
at explains why the international legal framework establishes specic interviewing techniques for
a child who is an alleged oender during and following his or her arrest (see chapter II above). Table 2
contains a summary of some of the crucial requirements for dealing with children during the investiga-
tion phase in order to minimize the risks of violence while, at the same time, boosting the eectiveness
of the proceedings.
Table 2. Requirements for dealing with children during investigations
Arrest in
accordance
with the law
The United Nations Study on Violence against Children has shown that children
are particularly vulnerable to violence during apprehension or arrest. Laws and
procedures should provide appropriate guidance to limit arrest of children to a
last resort and set clear boundaries to the action of law enforcement agents.
Notication of
parents or legal
guardians
Identifying, locating and notifying parents of children associated with terrorist
groups may be especially dicult in situations of conflict or in remote areas.
Whenever the parents cannot be reached, a legal guardian or another support
person (such as a social worker) should be present to support the child from the
moment of arrest and during subsequent investigation. In cases of unaccompanied
children, including child returnees, agencies responsible for family tracing and
reunication must be contacted without delay, in order to prioritize the
procedures, taking into account the best interests of the child (see chapter V in
the present publication).
Prompt access
to legal counse
l
In terrorism-related cases, access to legal counsel is oen delayed. In addition,
because of existing limitations to legal aid schemes, legal aid providers are
commonly appointed only for court proceedings. This hinders appropriate legal
representation upon arrest and during pretrial detention, which is essential to
prevent longer deprivation of liberty and to guarantee respect for procedural
guarantees.
134
See Human Rights and Criminal Justice Responses to Terrorism, pp. 88, 95, 106 and 107.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Limitations to
the use of force
Detailed guidance for law enforcement professionals should address the
prohibition of the use of force on children. In order to make such prohibition both
eective and safe, regulations should include alternative strategies to engage
children, ranging from the least restrictive methods to more restrictive methods,
according to an appropriate evaluation of risks, and should also include specic
limits to potential exceptions to the rule.
Avoidance of
delays
The passage of time aects children dierently than adults. Long periods in police
custody or pretrial detention violate the rights of children and can be especially
detrimental to their reintegration. In addition, police custody and pretrial
detention facilities are oen not prepared to host children deprived of liberty,
which increases the risks of violence and inappropriate treatment. Although
counter-terrorism laws oen include amendments to criminal procedures, it would
be extremely dangerous to apply such exceptions to children; accordingly, it is
strongly recommended that shorter delays, which are more suitable to children’s
rights and needs and are usually set by domestic laws related to juvenile justice,
are always respected.
Regulation of
searches and
collection of
samples
Intimate and non-intimate searches and related collection of samples are
procedures that can easily harm the dignity of the child and can be abused to
perpetrate sexual violence. Procedures should ensure that searches of children are
carried out only when necessary and, in the case of intimate searches, only by
authorized medical personnel. Searches should always be carried out by
personnel of the same gender of the child.
Ethnic, racial or religious proling and the prohibition of discrimination
e diculty of terrorism prevention measures and investigations, the pressure to show results and the
perception that certain ethnic, racial or religious communities are associated with a terrorist or violent
extremist group can lead law enforcement ocials to focus their prevention and investigation eorts
primarily on persons corresponding to these communities. While proles based on factors that have
been statistically proved to correlate with certain criminal conduct may be eective tools when law
enforcement resources are limited, the use of broad proles that reect unexamined generalizations or
stereotypes is extremely problematic. Proling based on stereotypical assumptions that persons of a
certain race, national or ethnic origin or religion are particularly likely to commit crime may lead to
practices that are incompatible with the principle of non-discrimination.
135
e Commiee on the Elimination of Racial Discrimination has explicitly called upon States to
ensure that any measures taken in the ght against terrorism do not discriminate, in purpose or eect,
on the grounds of race, colour, descent or national or ethnic origin and that non-citizens are not sub-
jected to racial or ethnic proling or stereotyping.
136
With regard to children, it is worth noting that they are aected by proling based on stereotypical
assumptions both directly and indirectly, when their families are concerned. Considering the impact of
stigmatization on children, their specic vulnerability to such practices should be duly taken into account.
In addition to the violation of human rights that it entails, proling based on stereotypical assump-
tions that persons of a certain racial, national or ethnic origin or religion are particularly likely to
135
Handbook on Criminal Justice Responses to Terrorism, Criminal Justice Handbook Series (United Nations publication, Sales
No. E.09.IV.2), p. 50; for further discussion of proling and non-discrimination in terrorism investigations, Human Rights and
Criminal Justice Responses to Terrorism, pp. 55 ., and Counter-Terrorism Implementation Task Force, “Basic human rights refer-
ence guide: the stopping and searching of persons in the context of countering terrorism”, 2nd ed. (New York, March 2014),
para. 34.
136
General recommendation XXX on discrimination against non-citizens, adopted by the Commiee on the Elimination of
Racial Discrimination at its sixty-h session (Ocial Records of the General Assembly, Fiy-ninth Session, Supplement
No. 18 (A/59/18)), para. 469.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
commit terrorist acts poses a number of issues in terms of eectiveness. Indeed, evidence shows that
such methods can be not only unproductive but also especially harmful.
Table 3. Key flaws of ethnic, racial or religious proling as an investigation
method
Over-inclusive and
under-inclusive
Increasing predictability of
law enforcement focus
Mistrust between minority
communities and law
enforcement
Proling should not result in
too many innocent people
being included in an
investigation or numerous
potential suspects being
automatically excluded.
When targets of law
enforcement activities are
known in advance, oenders
can more easily circumvent the
expected prole.
While participative eorts are at
the core of numerous strategies
for the prevention of violent
extremism, group targeting
alienates certain communities
and thus undermines condence
in the police.
Note: For further evidence, see European Parliament, Directorate General for Internal Policies, “Study: Ethnicity and Race-
Based Proling in Counter-Terrorism, Law Enforcement and Border Control” (2008), part III.
When coupled with increased law enforcement capability to carry out searches and arrests, which
are oen part of counter-terrorism measures, such unacceptable proling methods can become espe-
cially damaging. It is thus the responsibility of lawmakers and policymakers to undertake conscious,
comprehensive eorts to prevent the use of such methods, including by:
(a) Revising existing legislation to prohibit discrimination, with specic references to the work of law
enforcement. It may be especially useful to introduce clear and objective denitions of “reasonable
suspicion standards”;
(b) Encouraging the reporting of unacceptable methods and put in place appropriate auditing
mechanisms to review police practices;
(c) Providing capacity-building initiatives for law enforcement ocers that would include appro-
priate training on “reasonable suspicion standards”, as well as on the impact of group proling. It is
especially important that the training includes the provision of information on: the specic reper-
cussions of proling for children; children’s enhanced vulnerability to stigma; and appropriate
conduct during investigations involving children.
Pretrial detention
Pretrial detention should be applied as a measure of last resort and for the shortest appropriate period
of time.
137
As acknowledged by the Commiee on the Rights of the Child, there will be circumstances
where it may be necessary to detain a child alleged to have commied an oence, but these should be
limited to where the child is an immediate danger to himself or herself or others, or it is considered
necessary to ensure his or her appearance at the court proceedings.
138
e Commiee on the Rights of the Child recommended that, if a child is detained during the pre-
trial phase, the detention should be reviewed every two weeks to determine whether the criteria for
detention continue to be met. e Commiee also recommended that the period of pretrial detention
before the child is charged (i.e. the period when the child is under investigation) should not exceed 30
days
139
and that the court should make a nal decision on the charges not later than six months aer
137
In accordance with art. 37, subpara. (b), of the Convention on the Rights of the Child.
138
CRC/C/GC/10, para. 80.
139
A/63/41, annex IV, para. 83.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
they have been presented. e imperative to limit delays to a minimum in cases involving children
applies also when the charges concern terrorism-related oences.
Use of diversion and alternatives to detention
Despite the serious nature of terrorism-related oences, States, as well as international organizations,
are increasingly recognizing the need and utility of alternatives to formal judicial proceedings, as well
as alternatives to detention. Indeed, the progressive broadening of national counter-terrorism strate-
gies has led to greater focus on prevention and reintegration. During the past few years, the range of
terrorism-related oences has widened considerably; at the same time, States have been dealing with a
growing number of individuals charged with terrorism-related oences, whether in countries aected
by conict or in countries faced by a high number of returning foreign terrorist ghters. Accordingly,
measures that can foster a more solid link to the community and address violent extremist behaviour
through specialized treatment are showing increasing merit.
In the case of children, international law requires to provide for multiple diversion options, as well
as alternatives to detention. Such measures have the inherent merit of preventing the risks of victimiza-
tion and stigmatization that are associated with long periods in police custody or detention and are
thus more responsive to the developmental needs of children.
140
Accordingly, diversion measures
should be applied at all stages of the proceedings, including during trial, and alternative measures
should also be considered from the moment of arrest, and also as a sentence.
International standards do not limit the applicability of diversion measures on the basis of the seri-
ousness of the oence. It is thus strongly recommended that domestic legislation and regulations
adopt a similar view, stressing that the most relevant criteria to decide on the appropriateness of diver-
sion or alternative measures should be the individual assessment of the personal circumstances and
needs of the child. Restorative justice, mediation and community-based programmes for children are
only some of the options that could prove eective in cases of children accused of terrorism-related
oences. In view of the diverse avenues of recruitment of children by terrorist and violent extremist
groups, and the inuence of various “push factors” and “pull factors” (see chapter I above), eective
prevention of further recidivism will require strategies that can tackle the root causes of the problem.
Indeed, diversion and alternatives are particularly appropriate means for achieving this goal, as they
generally focus on the impact of criminal behaviour, forms of reparation for the victims, and at the
same time, they provide an opportunity to work on and improve positive skills.
141
is is not to say that proportionality to the gravity of the oence should not be taken into account.
However, dierent diversion and alternative measures include varying degrees of monitoring and
accountability and are thus mindful of proportionality considerations, responding to public safety
interests. At the same time, by involving actors beyond the justice system, diversion and alternatives to
detention usually contribute to the development of eective coordination mechanisms and a hetero-
geneous network of practitioners that play a considerable role in the prevention of terrorism and
violent extremism, as well as in the reintegration phase.
140
UNODC, Planning the Implementation of the United Nations Model Strategies and Practical Measures on the United Nations
Model Strategies and Practical Measures on Violence against Children in the Field of Crime Prevention and Criminal Justice: A Checklist
(Vienna, 2015), pp. 29 and 30.
141
UNICEF, “Toolkit on diversion and alternatives to detention”. Available at www.unicef.org/tdad/index_55674.html.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
Example of increased recognition of diversion and alternatives in the
context of terrorism by the Global Counterterrorism Forum
The following excerpt is from the Neuchâtel Memorandum on Good Practices for Juvenile
Justice in a Counterterrorism Context:
Good Practice 7: Consider and design diversion mechanisms for children charged with
terrorism-related oenses
Bearing in mind the consequences of submitting children to criminal proceedings, which
may raise the level of their vulnerabilities, States should look at other ways of
addressing oending behavior by children. Diversion seeks conditional channelling of
children in conflict with the law outside the judicial proceedings towards a dierent way
of addressing the issue that enables many children’s cases to be resolved by
non-judicial bodies, thereby avoiding the negative eects of formal judicial proceedings
and a criminal record. Children who may be diverted into a program should be given the
opportunity to be heard before a nal decision is made.
States are encouraged to implement and promote laws that contain specic provisions
for the application of diversion mechanisms, whenever appropriate and desirable. …
Guidelines should be developed allowing law enforcement ocials, prosecutors and
judges to exercise their discretion to divert children into diversion programs at dierent
stages of the process.
The child will be assessed before entering a diversion program. Diversion programs for
children involved in terrorism-related activities need to be carefully tailored to the
characteristics of the child and the oense committed …
The successful completion of the diversion program by the child should result in a
denite and nal closure of the case, and no criminal or other forms of public records
should be kept.
Good Practice 8: Consider, and apply where appropriate, alternatives to arrest, detention
and imprisonment, including during the pre-trial stage, and always give preference to
the least restrictive means to achieve the aim of the judicial process
…
… Prosecutors and judges play a key role in deciding about protective, supportive,
educational and security measures for children facing terrorism-related charges.
Consistent with the laws in their countries, judges should be given a variety of possible
alternatives to institutional care and detention. Alternatives in the shape of community-
based options for the supervision of children can be appropriate alternatives to detention ...
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
C. Trial and sentencing
During the adjudication of terrorism-related oences, it is essential to ensure respect for the rule of law,
to ensure respect of the fundamental rights of all parties and to deter future acts of terrorism. It is also
important to consider that the conduct of the trial and the decisions taken by the court will have a
crucial impact on the future of the child. While the courtroom environment can always be intimidat-
ing for children, in terrorism-related cases this is compounded by heightened security and media aen-
tion, longer and more complex proceedings and the possibility of long prison sentences. e
application of counter-terrorism laws and procedures may lead to the specic rights and needs of chil-
dren, in particular the requirement to promote their rehabilitation and reintegration, being
overlooked.
Checklist for practitioners: keyelements
• In using special investigation techniques, investigators should take into account the
vulnerability of children, the principle of the best interests of the child and the
desirability of promoting the child’s reintegration.
• Terrorism investigation and prevention measures must avoid proling children based
on stereotypical assumptions that persons of a certain racial, national or ethnic
origin or religion are particularly likely to commit terrorist acts.
• The arrest, detention or imprisonment of a child shall be in conformity with the law
and should be used only as a measure of last resort and for the shortest appropriate
period of time.
• Children should not be detained by military authorities; in situations where children
are captured by military authorities, policies and procedures should be in place to
ensure age-appropriate protections and a handover to civilian authorities at the
earliest possible stage.
• Upon the apprehension of a child, his or her parents or guardian are immediately
notied, and, where immediate notication is not possible or not in the best
interests of the child, the parents or guardian must be notied within the shortest
possible time thereaer.
• Children deprived of their liberty shall have the right to prompt access to legal and
other appropriate assistance.
• Every child arrested and deprived of liberty should be brought before a competent
authority to examine the legality of this deprivation of liberty within 24 hours.
Pretrial detention should be reviewed regularly, preferably every two weeks. States
should introduce the legal provisions necessary to ensure that the court or juvenile
judge or other competent authority makes a nal decision on the charges not later
than six months aer they have been presented.
• Special interviewing techniques should be applied to ensure that contact between
law enforcement authorities and a child alleged to have committed an oence are
managed in a way that respects the legal status of the child, promotes the
well-being of the child and avoids harm.
• Consideration should be given to dealing with a child who is an alleged oender
without resorting to formal trial, or suspending proceedings in favour of diversion
measures, with a view to promoting the child’s reintegration and the assumption
by the child of a constructive role in society.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
When a child is accused of or brought to trial for terrorism-related oences, juvenile justice proce-
dures and safeguards should always be fully applied. is section focuses on how to ensure the partici-
pation of the child in the proceedings; the implementation of appropriate responses to security
concerns and condentiality requirements related to terrorism-related cases; and the principles that
should guide competent authorities when sentencing a child.
. International standards for bringing to trial and sentencing
children
e safeguards that protect the right to a fair trial apply to both children and adults. ese include the
right to be presumed innocent, the right to be informed promptly of the charges, the right to have the
charges determined without delay by a competent and impartial judicial body, the right to legal coun-
sel or other appropriate assistance, the right not to be compelled to give testimony or to confess guilt,
the right to confront witnesses and the right of appeal. However, the international legal framework
related to juvenile justice includes some specicities concerning the adjudicatory phase. A brief over-
view of such specicities and specic obligations deriving from the international legal framework
related to counter-terrorism is provided below.
International legal framework related to counter-terrorism
As mentioned earlier, with regard to investigations, the international counter-terrorism instruments
require that any person who is taken into custody or regarding whom proceedings are carried out
should be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity
with the law of the State in the territory of which that person is present and applicable provisions of
international law, including international law of human rights.
142
Regarding sentencing, the international counter-terrorism instruments require that the punish-
ment duly reects the serious nature of terrorist oences.
143
While the international legal instruments against terrorism are silent on the specic question of
children accused or convicted of having commied a terrorist oence, that issue was addressed in
General Assembly resolution 70/291, on the United Nations Global Counter-Terrorism Strategy
Review. In that resolution, the Assembly reiterated that a child alleged to have infringed the law
(including by being involved in the commission of acts of terrorism) should be treated in a manner
consistent with his or her rights, dignity and needs, in accordance with applicable international law, in
particular obligations under the Convention on the Rights of the Child.
International legal framework related to juvenile justice
e Convention on the Rights of the Child, as well as international standards and norms on juvenile
justice, set heightened standards of protection for children facing trial. ese include the right to sup-
port from an adult or guardian and the right to have their privacy respected at all stages of the proceed-
ings.
144
e purpose of the right to privacy is to avoid the harm that can be caused to the child by undue
publicity. Negative publicity can stigmatize the child and is likely to have a negative impact on the child’s
ability to access education, work and housing and on the child’s reintegration in general.
145
142
Art. 14 of the International Convention for the Suppression of Terrorist Bombings.
143
Security Council resolution 1373 (2001), para. 2 (d) and (e); and art. 4, subpara. (b), of the International Convention for
the Suppression of Terrorist Bombings.
144
According to art. 40, para. 2 (b) (vii), of the Convention, every child alleged as or accused of having infringed the penal law
should be guaranteed to have his or her privacy fully respected at all stages of the proceedings.
145
See, for example, rule 8 of the Beijing Rules; see also HRI/GEN/1/Rev.9 (Vol. II), chap. VI, para. 64.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
e right of a child to have legal or other appropriate assistance in the preparation and presentation
of his or her defence at trial is also well recognized.
146
Where facing a trial, or indeed any hearing that
has the potential to result in the child being removed from the family, deprived of liberty or subject to
any form of sanction, the child should be represented by a lawyer. Failure to ensure legal representation
in such instances could mean that the child is denied full access to the proceedings and is not able to
participate or defend her or himself in a meaningful way.
In article 40, paragraph 2 (b) (iii), the Convention on the Rights of the Child provides for the pres-
ence of a child’s parents or guardians in judicial proceedings unless it is considered not to be in the best
interests of the child, taking into account his or her age or situation.
147
In addition, the international legal framework provides specic obligations related to sentencing of
children, both in terms of methods and in relation to appropriate sentences. According to article 40,
paragraph 4, of the Convention on the Rights of the Child, when sentencing a child for the commis-
sion of any criminal oence, the response should be based not only on the consideration of the objec-
tive gravity of the oence, but also on individual circumstances.
With regard to the use of sanctions, article 40, paragraphs 3 (b) and 4, of the Convention on the
Rights of the Child and rules 17 and 18.1 of the Beijing Rules place a specic obligation on States to
develop a range of non-custodial measures. And, as mentioned above, article 37, subparagraph (b), of
the Convention provides that the detention of a child should be in conformity with the law and should
be used only as a measure of last resort and for the shortest appropriate period of time. Finally, under
article 37, subparagraph (a), of the Convention, for oences commied by children, it is prohibited to
impose the death penalty or life imprisonment without possibility of release.
. Adjudicatory process and sentencing in terrorism cases
involving children
e present section includes key recommendations to ensure an appropriate balance between respect-
ing the child’s rights and the specic requirements of adjudication of terrorism-related oences. e
recommendations focus on the preparation and conduct of trials, as well as on sentencing.
Child participation
e eective participation of a child in judicial proceedings is a key principle enshrined in article 12 of
the Convention on the Rights of the Child and it should inform the entire process. For children, how-
ever, the court environment can be especially intimidating, and at times traumatizing. is is especially
true for children who may have experienced violence and are going to relive traumatic experiences
through criminal proceedings. Child participation, therefore, requires comprehensive measures to
ensure appropriate conditions for the child. According to the Commiee on the Rights of the Child, a
fair trial requires that the child alleged as or accused of having infringed the penal law be able to eec-
tively participate in the trial, and therefore the child needs to comprehend the charges, and possible
consequences and penalties, in order to direct the legal representative, to challenge witnesses, to provide
an account of events and to make appropriate decisions about evidence, testimony and the measures to
be imposed.”
148
146
See, for example, art. 40, para. 2 (b) (ii), of the Convention on the Rights of the Child (“to have legal or other appropriate
assistance in the preparation and presentation of his or her defence”; and art. 14, para. 3 (d), of the International Covenant on
Civil and Political Rights.
147
Rule 15.2 of the Beijing Rules states that the parents or the guardian shall be entitled to participate in the proceedings and
may be required by the competent authority to aend them in the interest of the juvenile. ey may, however, be denied partici-
pation by the competent authority if there are reasons to assume that such exclusion is necessary in the interest of the juvenile.
148
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, para. 46.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
e provision of complete information to the child is the bedrock of active participation, allowing
the child to exercise conscious decision-making. It is essential that a child understands not only the
charge brought against him or her and its potential consequences, but also the judicial procedure, and
his or her role during the trial. In order to be meaningful, the information provided must be adapted to
the developmental level of the child. e ow of regular information should not be interrupted at the
time of judicial proceedings, and judges who may not have directly interacted with the child before
should be made aware of existing guidelines on child-sensitive communication.
Safe and child-friendly environment
e establishment of a specialized juvenile justice system requires specialized procedures, as well as
specialized practitioners. e use of separate juvenile courts can be an eective way to adapt the court
environment to provide an atmosphere of understanding that is conducive to eective participation.
However, even when legislation provides for children to be tried in existing family courts, or separate
juvenile courts, such dispositions are oen disregarded in practice,
149
and the conduct of terrorism-
related cases is likely to further undermine their use. Nonetheless, when children are tried in ordinary
courts, it is of crucial importance to make special arrangements. ese may include modications to
the court environment and adaption of the length of the proceedings, taking into account the age and
maturity of the child,
150
as well as the potential of the proceedings to harm him or her.
Legal representation
Access to legal representation is a requirement of due process. Taking into account the developmental
needs of children, domestic legislation oen does not allow children to waive such rights, in order to
ensure their eective defence. e principle of equality of arms also includes the opportunity to
adequately prepare the defence.
151
In some cases, it may be advisable to consider establishing a security clearance system for lawyers
who will have access to special les or information or to establish in consultation with the defence bar
a list of lawyers who have had either the special training, the security clearance or both to make them
more eective at exercising their duties and defending certain individuals accused of terrorist acts
under dicult and challenging circumstances. Defence lawyers must also have the means to seek and
obtain special protection measures for themselves and for witnesses (lay or expert) who are required
to mount an eective defence of their client.
152
Right to avoid self-incrimination
ere is an especially delicate balance to be respected between encouraging participation of the child,
and forcing testimony. Professionals involved in the court proceedings should be especially aware of
the higher tendency of children to self-incrimination and of the risk that pretrial confessions may have
been obtained through the exercise of undue pressure or inuence. Such considerations are crucial in
view of the tendency to rely heavily on accomplices’ testimony during terrorism-related cases. When
providing information to the child, particular emphasis should be put on the consequences of testi-
mony and on the right to remain silent. Whenever the child chooses to remain silent, the court must
refrain from regarding this as a confession of guilt.
149
Nikhil Roy and Mabel Wong, “Juvenile justice: modern concepts for working with children in conict with the law”
(London, Save the Children UK, 2004), p. 79.
150
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, para. 46; see also rule 14 of the Beijing Rules.
151
For an in- depth discussion of the right to legal counsel in terrorism cases, see Human Rights and Criminal Justice Responses
to Terrorism, pp. 63-70.
152
Handbook on Criminal Justice Responses to Terrorism, Criminal Justice Handbook Series (United Nations publication,
Sales No. E.09.IV.2), pp. 83-87.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Privacy
While trials are generally to be carried out publicly and openly, inter-
national law makes a notable exception for cases when children are
involved. is is motivated by the enhanced vulnerability of children
during the conduct of judicial proceedings and the especially detri-
mental impact of stigma on their reintegration. Given the particularly
delicate nature of terrorism-related cases, all trials of children accused
of terrorism-related crime are to be held behind closed doors. In addi-
tion, the requirement to protect the privacy of children also extends to
the publication of information that would be conducive to the identi-
cation of the child (limitations to the public nature of proceedings are
discussed in more detail in chapter III, section B, above).
Eective court security measures
Higher security risks in the adjudication of terrorist oences not only
concern the safety of the child, but also aect the security of all partici-
pants (for security measures related to children as victims or witnesses,
see chapter II above). To ensure a fair trial, the risks of intimidation,
retaliation, and obstruction of justice should be eectively prevented.
e implementation of security measures depends largely on available
resources and on coordination between the appropriate authorities.
e Hague Memorandum on Good Practices for the Judiciary in
Adjudicating Terrorism Oenses includes some relevant examples.
Case study: European Court
of Human Rights: the case of
Salduz v. Turkey
In the case of Salduz v. Turkey, Mr.
Salduz, a 17-year old accused of terrorist
oences in support of the Kurdish
Workers Party (PKK), was interviewed by
the police without the assistance of a
lawyer and made self-incriminating
statements. Although he subsequently
conrmed these statements before a
judge during the pretrial phase, the
European Court of Human Rights found
that his right to a fair trial had been
violated by the courts relying on his
statement to the police. The Court
highlighted in this regard the particular
importance of access to a lawyer from
the start of detention for children.
a
a
European Court of Human Rights, Application
No. 36391/02, Judgment of 27 November 2008.
Enhancing courthouse and judicial security
According to Good Practice 7 of the Global Counterterrorism Forum’s Hague
Memorandum on Good Practices for the Judiciary in Adjudicating Terrorism Oenses,
enhanced courtroom and judicial security may include:
• Increased police or other security sta both in and outside the courtroom
• The strategic use of security checkpoints and screening procedures
• The use of metal detectors, X-ray scanning devices and other screening technology
at the public entrances to the courthouse and courtroom
• Prohibiting the possession of cell phones and other electronic devices in the
courthouse and courtrooms
• Separate and secure parking and entrances for judges, prosecutors and court
personnel
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
Social enquiry reports
Social enquiry reports have the objective of supporting the adjudicatory process by providing the
court with information on the situation of the individual child and by presenting suggestions on the
most appropriate sentence to be applied. ey are an extremely valuable tool to the application of
sentences that are responsive not only to the seriousness of the oence, but also to the personal
situation of the child.
Social enquiry reports should contain relevant information related to the family background of the
child, the child’s current circumstances, including where he or she is living and with whom, the child’s
educational background and health status, and previous oences, as well as the circumstances
surrounding the commission of the oence and the likely impact of any sentence on the child.
153
e adjudication of cases involving children accused of terrorism-related crimes may pose particu-
lar diculties. In order to strengthen the impact of social enquiry reports, it is recommended that clear
guidelines be developed on the content, style and objective of the reports and that professionals are
adequately trained on their signicance. Social workers carrying out investigations of such cases
should be appropriately trained on potential security risks. Judges should not discount lightly the rec-
ommendations made in the reports or discount them merely on the basis of the gravity of the oence.
Experience has shown that an eective measure to boost adherence to such recommendations during
sentencing is a formal requirement that the court justies in writing the reasoning behind the selection
of a dierent sentence.
In particular, guidelines could be developed to ensure that especially relevant aspects of the child’s
rehabilitation are taken into account, such as:
(a) e specicities of the recruitment process, and especially an analysis of “push factors” and
“pull factors” that were decisive in the case of the individual child, in order to ensure that the selected
sentence addresses the fundamental needs of the child;
(b) Family relationship with particular emphasis on the role of the family in the recruitment
process, as well as on the identication of positive relationships that will be conducive to reintegration.
Situations where the families are also facing stigma or fear and require adequate support should also
be highlighted;
(c) e experiences within in the group in terms of violence, exploitation and relationships of
submission or control with other members of the group;
(d) Risks for the child safety, with particular emphasis on the risks of secondary recruitment, or
retaliation from members of the groups. Risks related to ostracism by the community should also be
analysed.
Sentencing
roughout the judicial process, and especially at the time of sentencing, judges have a crucial and
complex role. ey are required to take into account the need to promote and facilitate the reintegra-
tion and rehabilitation of the child, while at the same time they need to consider the needs of the
victims and the particular seriousness of terrorist acts and to deter reoending.
International law requires the adjudication of children to be based on due consideration of both the
circumstances of the oence and the personal situation of the child. us, while the risks of reoend-
ing should not be discounted, it is crucial to take into account the conditions that led to the recruit-
ment of the child, the power imbalance between the terrorist group and the child, and the impact of
these factors on the consent of the child to any criminal act following recruitment.
153
Justice in Maers Involving Children in Conict with the Law, p. 104.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Furthermore, the court is required to apply deprivation of liberty only as a measure of last resort
and to consider all possible non-custodial sentences. While alternatives to deprivation of liberty have
the merits of focusing on the educational, psychosocial and behavioural needs of the child, they can
also focus on preventing further violence and include eective monitoring systems.
For instance, non-custodial measures can provide anger management and anti-aggression training
to address violent tendencies. Short-term fostering orders or residence orders can be used in excep-
tional circumstances to remove the child from the families or personal environment when these are
deemed to be conducive to further criminal activity. Other measures, such as supervision orders, focus
on prohibiting certain activities and ensuring closer monitoring of the child’s life, without aecting the
child’s living arrangements and educational activity.
154
Finally, the absolute prohibition of capital punishment and life imprisonment without possibility of
release applies without exception in terrorism-related cases. erefore, under no circumstances can it
be considered acceptable to apply such measures to a person sentenced for oences that were commit-
ted before the young person turned 18, regardless of the type of crime that may have been
commied.
154
For further guidance on the application of non-custodial sentences, see Justice in Maers Involving Children in Conict with
the Law, pp. 104-107.
Checklist for practitioners: key elements
• Actions taken in relation to a child alleged to have committed or accused of having
committed, conspired to commit or attempting to commit a terrorism-related oence
are to be taken expeditiously from the outset and without any unnecessary delay.
• A child associated with violent extremist or terrorist groups has the right to have his
or her privacy fully respected at all stages of the proceedings, in order to avoid harm
caused by undue publicity or by the process of labelling. Any information that may
lead to the identication of the child is not be published.
• Every child alleged of having committed or accused of having committed, conspired
to commit or attempted to commit a terrorism-related oence has at least the
following guarantees:
– The presumption of innocence
– The right to be informed promptly and directly
– The right to legal counsel and legal aid
– The right to assistance of his or her parents or legal guardians
– The right to be heard
– The right not to be compelled to give testimony or confess guilt
– The right to examine or have examined adverse witnesses and to obtain the
participation and examination of witnesses on his or her behalf under conditions
of equality
– The right to free assistance of an interpreter if the child cannot understand or
speak the language used
– If recognized as having committed a terrorism-related oence, the right to have
this decision and any measures imposed in consequence thereof reviewed by a
higher competent, independent and impartial authority or judicial body according
to law
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
D. Children deprived of their liberty
Despite the existence of an international norm that establishes that deprivation of liberty
155
is to be a
measure of last resort and for the shortest appropriate period of time,
156
the detention of children alleged
to have commied a terrorism-related oence is oen the norm rather than the exception. e reasons
for this include the assumptions that they have assimilated a violent extremist ideology and are a particu-
lar risk to society and that alternatives to detention cannot be contemplated in terrorism-related cases.
Children are detained at all stages of the justice process, oen in accordance with counter-terrorism
provisions for adults. ey are also oen held for longer periods than what would be usually permied
for ordinary crimes. When apprehensions or arrests are part of extensive operations against terrorist
groups or take place in situations of conict, large numbers of individuals are caught together and
transferred to detention facilities. e identication of children (if it happens at all) is oen delayed,
and the children spend long periods of time deprived of their liberty together with adults. Many facili-
ties in which children are deprived of their liberty do not meet the minimum requirements set forth in
international law. Conditions are particularly poor in overcrowded facilities and in police custody and
pretrial detention facilities.
Reports also indicate an overreliance on administrative detention,
157
whether for children who
have actively participated in hostilities or children who are considered to pose a security threat as a
result of engagement in alleged terrorist activities or involvement with violent extremist groups.
158
Children may be placed in administrative detention by the army, security forces or the police, and
children may be held in military facilities, prisons or juvenile facilities. is poses concerns in terms of
155
For the purpose of this publication, deprivation of liberty means any form of detention or imprisonment or the placement
of a person in a public or private custodial seing, from which this person is not permied to leave at will, by order of any judi-
cial, administrative or other public authority, (United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
para. 11 (b)).
156
Art. 37, subpara. (b), of the Convention on the Rights of the Child.
157
Administrative detention is the deprivation of liberty of a person, initiated or ordered by the executive branch of govern-
ment, not the judiciary, without criminal charges being brought. On the permissibility of administrative detention in terrorism-
related cases, see Human Rights and Criminal Justice Responses to Terrorism, pp. 125-128.
158
Carolyn Hamilton and others, Administrative Detention of Children: A Global Report, Discussion paper (New York,
UNICEF and Coram Children’s Legal Centre, 2011), chap. 1; and S/2016/1098, paras. 32-38.
• Such guarantees are to apply from the rst contact of the child with national
authorities and for the entire duration of the proceeding with no exception.
• Sentencing of a child oender by the competent authority is to be guided by the
following principles:
– Neither capital punishment nor life imprisonment without possibility of release is
to be imposed for oences committed by persons under 18 years of age.
– The sentence should always be in proportion not only to the circumstances and
the gravity of the oence but also to the circumstances and the needs of the
child, as well as to the needs of the society.
– Alternatives to custodial sentences should be available also for children
convicted of terrorist oences.
• Any sentence must promote the child’s reintegration and the child’s assumption of a
constructive role in society.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
restrictions of fundamental rights, access to justice and identication of the appropriate legal
framework.
Poor conditions of detention facilities and inadequate treatment of children deprived of liberty are
not only violations of child rights, but also factors contributing to violence against children and vio-
lence against society in general. In a recent report, the Secretary-General noted how such develop-
ments are likely to have an impact not only on the well-being of the child, but also on society as a
whole, because they may disrupt eorts to reintegrate children.
159
In general, children in detention may be vulnerable to violence by their peers, by sta and by adult
detainees and to self-harm.
160
Violence against girls in custody oen includes rape and other forms of
sexual violence such as threats of rape, touching, “virginity testing”, being stripped naked, invasive
body searches, insults and humiliations of a sexual nature.
161
Children accused or convicted of terrorism-related oences are especially vulnerable to stigma and
violence, including as part of eorts to extract information from them, especially when they are
deprived of their liberty.
If and when deprivation of liberty of a child is absolutely necessary, the conditions of detention and
the treatment of the child must be respectful of the dignity and special needs of the child and reduce to
a minimum the risk of violence. is section provides guidance on minimum standards to ensure that
a child alleged to have commied or convicted of having commied a terrorism-related oence, if
deprived of his or her liberty, is treated in a way that is conducive to the child’s rehabilitation and rein-
tegration into society, thereby leading to the prevention of recidivism, in the interest of public safety.
. International standards on the treatment of children
deprived of liberty
e international legal framework provides for particularly strict limitations to deprivation of liberty of
children (see above sections A and C of this chapter). Such rm provisions are motivated by the seri-
ous impact of detention on children, particularly in terms of isolation, the risk of violence and stigma,
which deeply aects the reintegration process (see chapter IV, section E.2, below). Hence, inter-
national legal instruments contain detailed rules on how to guarantee the appropriate environment
and services for children in detention.
As noted earlier, the international instruments against terrorism require any person who is taken
into custody on charges related to the commission of terrorist acts to be guaranteed fair treatment,
including enjoyment of all rights and guarantees in conformity with the law of the State in the territory
of which that person is present and applicable provisions of international law, including international
law of human rights.
162
e General Assembly, in its resolution 70/291, reiterated that all children
alleged as, accused of or recognized as having infringed the law, should be treated in a manner consist-
ent with his or her rights, dignity and needs, in accordance with applicable international law, in particu-
lar obligations under the Convention on the Rights of the Child.
International legal framework related to juvenile justice
According to article 37 of the Convention on the Rights of the Child, States parties must ensure that:
the arrest, detention or imprisonment of a child is to be used only as a measure of last resort and for the
shortest period of time; no child is to be subject to torture or other cruel, inhuman or degrading
159
A/70/836-S/2016/360, para. 16.
160
“Prevention of and responses to violence against children within the juvenile justice system”, pp. 14 and 15.
161
A/HRC/7/3, para. 34.
162
Art. 14 of the International Convention for the Suppression of Terrorist Bombings.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
treatment or punishment; and every child deprived of liberty is to be treated with humanity and
respect for the inherent dignity of the human person and in a manner that takes into account the needs
of a person of his or her age.
Conditions of detention that may be acceptable for adults may still amount to inhuman or degrad-
ing treatment if applied to children. According to the Istanbul Statement on the Use and Eects of
Solitary Connement,
163
the use of solitary connement should be absolutely prohibited in cases
involving persons under the age of 18.
164
And, according to the United Nations Rules for the Protection
of Juveniles Deprived of their Liberty (General Assembly resolution 45/113, annex), methods of
restraint and force should not cause humiliation or degradation and should be used only for the short-
est possible period of time (para. 64).
e international legal framework also contains rules regarding children deprived of their liberty,
who should be held separately from adults unless it is not in the child’s best interest to do so.
165
Recognizing the special circumstances of girls who are deprived of their liberty, international stand-
ards also state that girls placed in an institution deserve special aention as to their personal needs and
problems and should be held separately from young males.
Children have the right to facilities and services that meet all requirements of health and human
dignity.
166
A child who is deprived of his or her liberty has the right to maintain contact with his or her
parents, legal guardians and other signicant persons.
167
According to article 24, paragraph 1, of the
Convention on the Rights of the Child, children have the right to the enjoyment of the highest aainable
standards of health and to facilities for the treatment of illness and rehabilitation. e same article obliges
States parties to ensure that no child is deprived of his or her right to access to such health-care services.
168
e provisions on education and vocational training are vital, as they facilitate the child’s reintegra-
tion and reduce the likelihood of recidivism. In article 28 of the Convention on the Rights of the Child,
it is stated that States parties must take certain measures to ensure that children enjoy the right to edu-
cation on the basis of equal opportunity. e right to education continues to apply to children even
when they are deprived of their liberty, and according to international standards and norms, children
deprived of their liberty should receive the same standards of and access to education as those enjoyed
by all other children.
169
International standards and norms also specify the requirement to provide meaningful activities
such as recreational, physical and leisure activities.
170
Religious, cultural and other rights of children as
set out in article 14, paragraph 1, and article 30 of the Convention on the Rights of the Child should be
adequately protected also in detention.
171
Moreover, every child should have the opportunity to make requests or complaints to the director of
the detention facility and to his or her authorized representative.
172
By the same token, every child should
163
A/63/175, annex.
164
According to the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading
treatment or punishment, the use of prolonged or indenite solitary connement has increased in various jurisdictions,
especially in the context of the “war on terror” and “a threat to national security” (A/66/268, para. 57).
165
See art. 37, subpara. (c), of the Convention on the Rights of the Child; art. 10, para. 2 (b), of the International Covenant on
Civil and Political Rights; rules 13.4 and 26.3 of the Beijing Rules; and para. 29 of the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty.
166
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 31-37.
167
e importance of the role of the family for the well-being of the child and his or her rehabilitation and reintegration is
recognized in the Beijing Rules (rule 26.5), as well as in the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty (paras. 59-62).
168
See also the Beijing Rules (rule 26.2) and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (paras. 49-55).
169
For detailed standards on education of children in detention, see the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty, paras. 38-46, and the Beijing Rules, rules 26.1, 26.2 and 26.6.
170
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 32 and 47.
171
See also the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 4 and 48.
172
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 75 and 76.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
have the right to make a request or complaint to the central administration, the judicial authority or other
proper authorities through approved channels and to be informed of the response without delay.
States are required to establish a regular and independent system of inspection of facilities where
children are deprived of their liberty. Qualied inspectors or an equivalent duly constituted authority
not belonging to the administration of the facility should be empowered to conduct inspections on a
regular basis and to undertake unannounced inspections on their own.
. Conditions of detention and the treatment of children
deprived of their liberty
Considering the enhanced vulnerabilities of children deprived of their liberty by reason of terrorism-
related charges, States must not forget their responsibility to ensure appropriate conditions in detention
facilities and access to quality services. is will require tailored legislation, policies and procedures for all
children deprived of their liberty. e present section provides key general guidance on how to guarantee
that institutional treatment of children is always conducted in a way that reects international obligations.
Chapter IV, section E.2, of the present publication complements this section, addressing more speci-
cally strategies and measures to facilitate the reintegration of children deprived of their liberty.
Ensuring that deprivation of liberty is a measure of last resort
States should develop and use as eective alternatives to formal judicial proceedings mechanisms that
are child- and gender-sensitive. is should be done to help meet the key objective of ensuring through
legislation, policy and procedures that deprivation of liberty is a measure of last resort, also in the case
of children alleged to have commied terrorism-related crimes.
Another eective strategy would be to exclude the use of detention for children who are merely
victims of recruitment and exploitation by terrorist and violent extremist groups. Whether deprivation
of liberty is used as punishment or as a means of protection from further harm, it is inappropriate to
respond to the needs of such children, who should be granted appropriate assistance (see chapter II
above). e use of detention in the case of children who are charged solely with the oence of associa-
tion with a terrorist group should be considered with particular caution, as such an oence may be a
direct result of their recruitment.
Limiting and regulating administrative detention
It is of crucial importance to set appropriate limits to the use of administrative detention and to pro-
vide for specic safeguards for children, taking into account their rights and needs. Administrative
detention is only permissible where and to the extent it is explicitly provided for in domestic legisla-
tion and surrounded with appropriate limitations and safeguards. e relevant law must have adequate
clarity and regulate relevant procedure,
173
while the detention itself must be carried out by competent
ocials or persons authorized for that purpose. Where placing a child in administrative detention does
not comply with domestic law, this will render the detention unlawful both in domestic law and in
international law.
173
Human Rights Commiee, Floresmilo Bolaños v. Ecuador, Communication No. 238/1987 (Ocial Records of the General
Assembly, Forty-fourth Session, Supplement No. 40 (A/44/40); V. P. Domukovsky, Z. Tsiklauri, P. Gelbakhiani and I. Dokvadze v.
Georgia, Communication No. 623, 624, 626 and 627/1995 (Ocial Records of the General Assembly, Fiy-third Session, Supplement
No. 40 (A/53/40 (Vol. I)), chap. XI, sect. M.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
In addition, the use of administrative detention must not be arbitrary and must be necessary in all
the circumstances of the case and proportionate to the ends being sought.
174
e Human Rights
Commiee has held that, in determining whether administrative detention is necessary, proportionate
and appropriate, an assessment must be made of the particular child. A blanket policy of administrative
detention, for instance, of all child members of a terrorist group, is likely to be considered arbitrary
detention as such a policy would not pay sucient regard to the circumstances of each individual
case.
175
Finally, as long as administrative detention is lawful, its conditions and the treatment of the
child submied to it should be in compliance with international standards and norms.
Separation of children from adults and of girls from boys
When deprivation of liberty is absolutely necessary, conditions of detention and the treatment of chil-
dren must be respectful of the dignity and special needs of the child and reduce to a minimum the risk
of violence. One key measure in this regard is to ensure that, if deprived of their liberty, children are
separated from adults. According to the Commiee on the Rights of the Child, there is abundant evi-
dence that the placement of children in adult prisons or jails compromises their basic safety, their well-
being andtheir future ability to remain free of crime and to reintegrate.
176
Clear regulations should set
the criteria for the separation of children from adults and the placement of children in appropriate
facilities, excluding any exception from being made on the basis of the type of oence. e only exemp-
tions to this general rule concerns children deprived of their liberty with other members of their fami-
lies.
177
However, such exceptions should be determined only following careful evaluation of the risks,
the personal situation of the child and an assessment of the child’s best interests. In any case, the pres-
ence of family members should never justify the placement of children in high-security prisons, which
by their nature contradict the basic requirements for the treatment of children deprived of liberty.
Furthermore, States should also ensure that girls are separated from boys. is is not only consid-
ered essential to prevent instances of violence against girls, but it is also a general requirement to ensure
that the treatment provided to girls is mindful of their specic needs and rights.
Finally, clear criteria for the separation of dierent categories of children should be dened, where
appropriate. In particular, if separation is deemed necessary, it should be ensured that it is always car-
ried out to provide the most appropriate type of care, following the identication of specic needs.
178
erefore, children should not be separated merely according to the type of oence they have been
charged with, but rather on the basis of child-sensitive assessment and classication procedures.
Access to a variety of services
States should ensure through legislation, policy and procedures that children deprived of liberty have access
to a variety of quality services that should be responsive to the specic needs of children both as a group and
on an individual basis, always with a view to promoting their eective rehabilitation and reintegration.
Health-related services should include preventive and specialized treatment. Regardless of their
involvement in criminal acts, children who have been associated with terrorist groups are likely to have
undergone violence, the consequences of which can aect them in the long term. Specialized treat-
ment should be available to such children, including treatment of sexual diseases, and mental health
174
Danyal Shaq v. Australia, Communication No. 1324/2004 (Ocial Records of the General Assembly, Sixty-second Session,
Supplement No. 40 (A/62/40 (Vol. II)), para.7.2; and A. v. Australia, Communication No. 560/1993 (CCPR/C/59/D/560/1993),
para. 9.2.
175
A. v. Australia, para. 9.4; C. v. Australia, Communication No. 900/1999 (Ocial Records of the General Assembly, Fiy-eighth
Session, Supplement No. 40 (A/58/40 (Vol. II)), para. 4.26.
176
A/63/41, annex IV, para. 85.
177
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 29.
178
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 28.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
support. However, the provision of medical treatment requires the informed consent of the child,
unless there are exceptional circumstances. Appropriate guidance should thus illustrate how to inform
the child, require her or his consent and clearly dene the circumstances under which the consent of
the child is not required. Finally, whenever the highest standards of treatment cannot be guaranteed,
arrangements should be made to guarantee the prompt transfer of the child to medical facilities.
Educational and vocational training is essential to provide children with the skills and qualications
that will allow them to pursue a constructive role in society upon their release. In order to be eective,
the level of teaching and training provided should be adapted to the level of the individual child and not
only to his or her age. Leisure and sport are also necessary for the healthy development of children.
Sometimes as part of the above-mentioned activities, programmes that support positive behav-
ioural skills, dialogue and eorts to increase trust should be also provided. One example is the
increased use of restorative justice approaches for conict-solving in custodial facilities, which can help
foster a culture of peace and open dialogue.
179
When children have been associated with terrorist
groups, it is likely that they have become accustomed to a hierarchical relationship, the abuse of power
and violent confrontations. ese types of programmes can be especially important to these children,
as they promote healthy dynamics among peers and help to undermine the criminal group mentality.
Even children who are separated on the basis of the type of oence that they have commied should
maintain access to essential services. Similarly, restrictions to any of these services should never be
used as a disciplinary measure.
Preventing and responding to violence against detained children
Adequate conditions of detention and treatment of children may contribute to a positive environment
where violence is unlikely to occur. However, ensuring that contributing and risk factors are swily
identied and pre-empted is crucial to preventing violence from happening in detention facilities.
A wide range of strategies and measures can help prevent, identify and respond to instances of vio-
lence.
180
For example, States should provide for a lawful disciplinary system, in compliance with the
principles of positive discipline and restorative justice approaches, which prohibits the use of torture
or other cruel, inhuman or degrading treatment or punishment, including the use of isolation or soli-
tary connement, and the use of restraints or force, except in specied exceptional circumstances.
Another important measure is the establishment of safe, eective and child-sensitive counselling,
reporting and complaint mechanisms to address incidents of violence. It is advisable that these mecha-
nisms integrate gender and cultural dimensions and use a child-friendly form of communication. In
addition, these mechanisms should include: opportunities for the appeal of decisions made in response
to complaints; sanctions against grievous breaches of the law or policy, including criminal, civil and
employment law sanctions; and measures to protect children from possible reprisals arising from the
submission of complaints.
181
Establishing independent oversight, inspection and monitoring mechanisms also contribute to pre-
venting and responding to violence against children. States should ensure that institutions where chil-
dren are deprived of their liberty are regularly inspected by a team of persons appointed by government
or other authorized bodies, such as national human rights institutions, ombudsmen or inspecting
judges. Visits must respect the principle of condentiality to protect children from harassment or
reprisals and should include an option for unannounced visits.
182
179
Handbook on Restorative Justice Programmes, Criminal Justice Handbook Series (United Nations publication, Sales
No. E.06.V.15), p. 65.
180
See the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the
Field of Crime Prevention and Criminal Justice, paras. 29-47.
181
“Prevention of and responses to violence against children within the juvenile justice system”, pp. 14 and 15.
182
Ibid.
CHAPTER 3. JUSTICE FOR CHILDREN ACCUSED OF TERRORISM-RELATED OFFENCES
Finally, clear procedures should be set to ensure the prompt investigation of incidents of violence,
taking into account the need to guarantee eective protection to both the child and those who have
reported the incident. Mechanisms of equitable redress should be accessible to the child and his or her
family, in order to obtain appropriate compensation. Regular communication with the child on the
status of the complaint and potential investigations is a key component of a safe environment and
transparent procedures.
Checklist for practitioners: key elements
• The purpose of non-custodial sentences is to promote the rehabilitation and
reintegration of the child into society. When a child is recognized as having
committed terrorism-related oences or oences against national security, the
competent authority should consider alternatives to detention.
• Where national legislation provides for police custody in terrorism-related cases that
goes beyond the ordinary police custody delays or extends the permissible duration
of pretrial detention in terrorism-related cases, such provisions authorizing
exceptional detention regimes should not be applied in the case of child suspects.
• Where national legislation allows for administrative detention on security grounds,
preventive detention on the grounds of risks related to terrorism or national security,
the already very strict limitations that international law places on such detention
regimes must be applied even more strictly where children allegedly associated with
terrorist or violent extremist groups are deprived of liberty.
• When deprivation of liberty is absolutely necessary, the conditions of detention and
the treatment of children should be respectful of the dignity and special needs of
the child and minimize the risk of violence.
• Children must be separated from adults. Girls must be separated from boys.
• Every child deprived of liberty is to be treated with humanity and respect for the
inherent dignity of the human person and in a manner that takes into account the
needs of persons of his or her age. In particular, every child deprived of liberty
should be separated from adults, unless it is considered to be in the child’s best
interest not to do so, and should have the right to maintain contact with his or her
family through correspondence and visits, unless there are exceptional circum-
stances. Any decision to derogate from these standards should be subject to regular
judicial review. Children deprived of their liberty have the right to receive adequate
medical care, education suited to their needs and vocational training. Girls deprived
of their liberty deserve to have special attention given to their specic needs.
Rehabilitation and
reintegration of children
recruited and exploited by
terrorist and violent
extremist groups
Chapter 4
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
A. Reintegration of children recruited and exploited by
terrorist and violent extremist groups
. Reintegration as a multidimensional process
Social reintegration is understood as the process through which a child following recruitment and
exploitation by a terrorist or violent extremist group recovers the capabilities to assume a constructive
role in society. e reintegration process follows a disruption that has had an impact on the life and
personal development of the child, and it represents a transition towards renewed individual and social
opportunities.
Achieving social reintegration should be the primary purpose of any action taken by public authori-
ties aecting children recruited by terrorist and violent extremist groups, and it is a crucial step to
ensuring that the child will assume a constructive role in society. When developing policies and pro-
grammes to promote social reintegration, it is necessary to take into account various dimensions of
this multidisciplinary process.
Key components of social reintegration of children include:
Health and psychosocial recovery and support. Measures should, through child-sensitive interven-
tions, address the impact of recruitment, violence and conict on the physical and mental well-
being of the child. Such measures should not be exclusively remedial in nature, but should focus
on preventing health-related issues from having a long-term impact on the development of the
child.
Educational and vocational opportunities. Measures should focus on the objective of promoting
self-suciency in the life of the child. Involvement with terrorist or violent extremist groups and
the violence related to that involvement may curtail the child’s educational and vocational oppor-
tunities. Interventions should take into account the needs and the aspirations of children, as well
as the social and economic environment in which reintegration occurs.
Return to family and community life. Recruitment, exploitation, conict and criminal activity not
only have a negative impact on the personal life of the child, but also disrupt his or her relationship
to the family and the community. e process of reintegration in the family and the community
should address conict and stigma and should rebuild a social network for the child. In order to
do so, related initiatives should take into account the needs of the children, as well as those of their
families and communities, paying particular aention to social norms that require recognition in
order to overcome the disruption.
e above-mentioned aspects are strongly interdependent, and failure to address any of them is likely
to have a negative impact on the outcome of the overall reintegration process. Programmes and ser-
vices focusing on children should thus follow a holistic approach, taking into account the individual
needs and rights of the child, the expectations and needs of families and communities and the charac-
teristics of the environment in which the reintegration process is to take place.
Children who have been associated with terrorist and violent extremist groups face a complex set of
specic challenges during their reintegration process.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Prevailing health concerns
First of all, violence has a severe impact on the physical and mental well-being of a child. is is not
limited to children in areas of conict; it also applies to children returning from areas of foreign conict,
whether they travelled on their own or were taken along by their parents.
Children who have been involved in conict, in particular, may have sustained physical injuries or
may be suering from acute or chronic diseases, including as a result of the children being malnour-
ished or a disease being le untreated for a prolonged period of time. Such physical impairments may
signicantly inuence the future development and reintegration of children. Furthermore, children,
especially (but not exclusively) girls, who have been recruited are at particular risk of developing
sexually transmied infections that can endanger sexual and reproductive health.
183
Violence aects the psychosocial development of children in various ways. Research has found that
children recruited by armed groups in Sierra Leone and Uganda exhibited high rates of post-traumatic
stress disorder, depression and other psychological illnesses.
184
Traumatic events, such as serving as a
combatant or executioner, increase the risks of developing severe mental health disorders. If le
untreated, such disorders are likely to impair a child’s ability to eat, sleep, concentrate and learn
185
and,
as a consequence, may inhibit the child’s educational and future employment prospects. Furthermore,
children formerly associated with armed groups are likely to have developed substance dependence.
is can happen either because the children were forced to consume drugs and/or alcohol by the
groups, in order to make the child more easy to manipulate and to numb the children’s fear and sensi-
tivity to pain
186
or because the children became dependent on drugs and/or alcohol aer their return,
having no access to beer coping mechanisms.
Prevailing social concerns
Children who have been associated with terrorist and violent extremist groups oen face strong stig-
matization and rejection from their families and communities. ey may be ostracized because they
violated important social norms or acted directly against their families’ or their own values and beliefs
or because of community pressure. Some armed groups, including terrorist and violent extremist
groups, deliberately force children to commit atrocious violence against their family and community
in order to prevent defection.
187
Moreover, children can be perceived as representing a security threat regardless of whether they
have been actively involved in violence. As a result of the much-publicized indoctrination strategies of
terrorist and violent extremist groups and such groups’ continued use of children to carry out violent
acts, concerns about security threats also aect children who were forcibly abducted by such groups or
who joined such groups without sharing their beliefs (e.g. because of the economic incentives). e
concern that indoctrination and continued exposure to violence can lead persons to regard violence as
normal has led to the development of “deradicalization” programmes, which may pose additional
challenges because of their lack of a denitional basis, the selection of target groups, their voluntary
participation and their potential for discrimination.
183
Mahew Happold, Child Soldiers in International Law (New York, Juris Publishing, 2005), p. 18.
184
Shane Dixon Kavanaugh, “e uphill bale to saving ISIS’ child soldiers”, Vocativ, 22 July 2015.
185
“e psychological impact of child soldiering”, in Trauma Rehabilitation aer War and Conict: Community and Individual
Perspectives, Erin Martz, ed. (New York, Springer, 2010), pp. 311-349.
186
See, for example, UNICEF, “Children at both ends of the gun”. Available at www.unicef.org/graca/kidsoldi.htm.
187
A/HRC/30/67, para. 44.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Marginalized reintegration
As they are primarily victims of violence, facing rejection and fear, children recruited and exploited by
terrorist and violent extremist groups are also especially vulnerable to punitive approaches and may
end up being dragged into the formal justice system, which, in turn, can lead to secondary victimiza-
tion (see chapter III above). In many cases, reintegration measures are disregarded, marginalized or
delayed. is represents a clear violation of these children’s rights, as it curtails their opportunities to
engage productively in social life. At the same time, it creates conditions conducive to future griev-
ances, violence and crime, which represent a serious risk for society.
. Challenges related to the reintegration of girls
e situation of girls requires specic aention and dedicated approaches, taking into account that
because their experience within a terrorist or violent extremist group may have been notably dierent
from that of boys, the path to social reintegration for girls may also be dierent from the path for boys.
Exposure to violence
Because of the roles they normally have within terrorist and violent extremist groups, girls tend to be
more easily and repeatedly subjected to sexual violence and slavery by those groups. e report of the
Secretary-General on conict-related sexual violence underlines that such groups not only perpetrate
sexual violence and slavery, but also oen explicitly justify sexual violence and slavery in their ideologi-
cal publications. e ideological opposition of ISIL aliates to the autonomy and education of women
and girls has placed adolescent girls, primarily, at heightened risk of abduction for the purposes of
sexual slavery and forced marriage.
188
It is also stated in the report that it is crucial to recognize sexual
violence as a tactic of terrorism and victims of sexual violence as victims of terrorism in order to pave
the way for reparations and redress
189
(see also chapter II of this publication).
At the same time, gender-based approaches should also take into account that boys are also at risk of being
subjected to sexual violence by terrorist and violent extremist. Reports show that boys who were sexually
abused within ISIL were later subjected to torture or death on the basis of accusations of homosexuality.
190
Consequences of violence
Studies show that gender also has an impact on the reaction to extremely violent events, and that girls in
particular have higher chances of developing post-traumatic stress disorder,
191
which can be associated not
only with stronger exposure to traumatic events, but also with more limited access to treatment.
192
Girls
may also have suered particularly severe and stigmatizing physical injuries. In particular, girls may require
surgery to repair traumatic or obstetric stulas following violent sexual assaults,
193
a condition that may
188
ISIL describes the capture and enslavement of “indel” women and children as an inevitable consequence of its conquest
of new territory and seeks to regulate and codify sexual slavery, as expressed in its fatwa No. 64, of 29 January 2015. is contin-
ues the explicit justication of sexual enslavement presented in its pamphlet of December 2014 entitled “Questions and answers
on taking captives and slaves”(S/2016/361/Rev.1, para. 21).
189
S/2016/361/Rev.1, para. 22.
190
In one reported case from the Governorate of Deir al-Zour, a 15-year-old boy was stoned to death aer he had been
accused of being homosexual. At least 25 men have been murdered by ISIL in the Syrian Arab Republic on suspicion of homo-
sexuality or for sodomy, according to the Syrian Observatory for Human Rights (Human Rights Watch, World Report 2017,
Events of 2016 (2017), p. 575).
191
Kennedy Amone-P’Olak, “Psychological impact of war and sexual abuse on adolescent girls in Northern Uganda”,
Intervention, vol. 3, No. 1 (2005).
192
Miranda Ol and others, “Gender dierences in posraumatic stress disorder”, Psychological Bulletin, vol. 133, No. 2
(2007), pp. 183-204.
193
See World Health Organization, “Healing child soldiers”, Bulletin, vol. 87, No. 5 (2009).
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
have consequences such as incontinence, infertility and extreme pain. Furthermore, girls are particularly
prone to sexually transmiable infections, which, in turn, may add to their stigmatization and rejection.
Stigma and rejection
Community ostracism is particularly likely when women have become pregnant and given birth to
children during their association with terrorist or violent extremist groups. For instance, recent
research conducted by UNICEF in northern Nigeria has found that women and girls who escaped
from Boko Haram and returned home with children were regarded with “deep suspicion”, as they were
perceived to have given birth to the “dangerous“ children of Boko Haram ghters.
194
Similarly, research
conducted on the aermath of the conict in Sierra Leone found that females associated with armed
groups who returned home with children were liable to be subject to stigmatization, and their children
labelled as “undesired”, “children of bad memories” or “children of hate”.
195
Rather than being regarded as victims, women and girls who survived sexual violence and their children
are oen considered as potential perpetrators of violence, as these victims of conict are perceived by many as
being partly responsible for the violence and losses suered by entire communities during the insurgency.
196
Such forms of rejection leave girls without a choice and can even lead to their re-recruitment.
. Specic contexts of children
e design and implementation of reintegration policies and programmes require an understanding of
the circumstances in which children are recruited and used by terrorist and violent extremist groups.
Specic circumstances entail dierent challenges, some of which are illustrated below, and those
challenges require tailored responses.
Release and demobilization
When children in situations of conict are recruited by a terrorist or violent extremist group, they
oen live with the group and are subject to the group’s control. e reintegration process cannot begin
until the release of the children has been ensured. However, the nature and strategies of terrorist and
violent extremist groups oen limit the opportunities to negotiate the release of the children. In addi-
tion, government agencies, international actors and intergovernmental or private entities contracted to
run disarmament, demobilization and reintegration programmes may have particular issues in accept-
ing persons, including children, connected to a terrorist group. ese additional issues add to the mul-
tiple challenges of designing and implementing disarmament, demobilization and reintegration
programmes respecting, protecting and fullling child rights, including through the promotion of
eective reintegration. When developing disarmament, demobilization and reintegration pro-
grammes, the specic needs of women and girls deserve special consideration; unfortunately those
needs are oen neglected.
Cross-border situations
Because of the transnational nature of terrorism, children may come in contact with public authorities
in a foreign State. is consideration is particularly relevant in view of the growing number of children
who are recruited across national borders, whether alone or through their families, as part of the
194
UNICEF and International Alert, “‘Bad blood’: perceptions of children born of conict-related sexual violence and
women and girls associated with Boko Haram in north-east Nigeria”, Research summary (2016).
195
Dyan E. Mazurana and others, “Girls in ghting forces and groups: their recruitment, participation, demobilization and
reintegration” Peace and Conict: Journal of Peace Psychology, vol. 8, No. 2 (2002), pp. 97-123.
196
“‘Bad blood’: perceptions of children born of conict-related sexual violence”.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
phenomenon of foreign terrorist ghters (see chapter I, section B, above). Specic interventions in
these cases are related to the possibility of repatriation, the evaluation of risks facing the child and, in
many cases, opportunities for family tracing and reunication.
Involvement with the justice system
In many instances, children recruited and exploited by terrorist and violent extremist groups come in
contact with the justice system for having allegedly commied terrorism-related oences (see chapter
III above). Additional issues then might need to be taken into account, as justice proceedings might
contribute to social stigma and could lead to secondary victimization, including through violence
commied during arrest, when the child is deprived of his or her liberty, during trial and also while
serving a sentence. Violence commied against a child in contact with the justice system has the
potential to disrupt the personal development of the child and pose additional obstacles to eorts to
enable the child to assume a constructive role in society.
B. Promoting comprehensive reintegration policies and
programmes
e present section is intended to promote awareness of the particular challenges faced by children
when re-entering society following association with a terrorist or violent extremist groups.
In addition, due to limited resources, reintegration programmes are at risk of being conceived using
a one-size-ts-all approach. Yet the experiences of children recruited and exploited by terrorist and
violent extremist groups can be extremely dierent, and programmes that fail to take into account
proper assessments of the individual needs of the child and to have the necessary exibility to provide
dierent responses are at considerable risk of being ineective. Broader socioeconomic conditions are
also a crucial factor that should not be underestimated.
Checklist for practitioners: key elements
• Social reintegration of children is to be understood as a multidimensional process,
which takes into account health and psychosocial support, educational and
vocational opportunities, and restoration of family and community bonds.
• Children recruited by terrorist and violent extremist groups are especially vulnerable
to health-related consequences of violence, stigma and rejection.
• Girls recruited and exploited by terrorist and violent extremist groups require specic
approaches to reintegration, because of their increased exposure to violence, as well
as the specic health-related and social consequences of their association with the
groups.
• Reintegration measures also need to take into account the specic contexts of
children, including children in cross-border situations, children facing release from
terrorist or violent extremist groups and children in contact with the justice system
as alleged oenders.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
In addition, children who have been associated with terrorist and violent extremist groups are oen
regarded with extreme suspicion. While this is not the case for all children, it is necessary to consider
that terrorist and violent extremist groups have proved to be especially eective in the indoctrination
of children. When children who have been associated with such groups have internalized violent
extremist ideologies, they may show stronger resistance to reintegration eorts, exhibit more distrust
towards and lack of cooperation with authority gures and reject social norms and positive behaviours.
is can lead to higher risks of re-recruitment or future oending.
Finally, public opinion may demand “tougher” approaches to dealing with children recruited by ter-
rorist and violent extremist groups. is is especially the case when there is the perception that these
children are receiving “special treatment” in comparison with other groups of vulnerable persons.
Specic strategies should be elaborated to tackle the lack of public support, in order to ensure that
these children have access to the necessary services and an opportunity for eective reintegration.
e present section provides a general overview of key elements for comprehensive reintegration
policies and programmes targeting children who have been associated with terrorist and violent
extremist groups. In particular, it aims to foster a holistic understanding of reintegration processes,
supporting the design and implementation of programmes based on a developmental perspective and
capable of fullling the specic rights and needs of children. As such, it is conceived as the basis for
more specic considerations related to dierent contexts, including demobilization and release inter-
ventions, children in cross-border situations and children in contact with the justice system.
. International legal framework on the reintegration of
children
According to the international legal framework, States have a broad obligation to promote and support
the social reintegration of children in vulnerable situations. e present section refers to provisions
contained in the international legal instruments addressing the broad requirement to implement child-
sensitive reintegration programmes, whether for children who are victims of violence, children in con-
ict situations or children in contact with the justice system.
Article 39 of the Convention on the Rights of the Child highlights that reintegration of children is a
multilayered process requiring comprehensive eorts. First, assistance for the purposes of reintegration
should be provided to all children who have experienced neglect, exploitation or violence, including
armed conict. Secondly, reintegration processes should include a variety of measures, addressing dier-
ent dimensions of the child’s well-being, notably the physical, psychological and social aspects. irdly,
when devising reintegration measures, States parties need to be mindful of the environment in which the
reintegration is to take place: it should be conducive to healthy and respectful self-development.
Convention on the Rights of the Child: article 39
States Parties shall take all appropriate measures to promote physical and psychological
recovery and social reintegration of a child victim of: any form of neglect, exploitation, or
abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or
armed conflicts. Such recovery and reintegration shall take place in an environment which
fosters the health, self-respect and dignity of the child.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Furthermore, article 40 of the Convention stresses the importance of treating children who are alleged
oenders in a manner that is consistent with the promotion of their sense of dignity, which reinforces the
child’s respect for the human rights of others and which takes into account the desirability of promoting
the child’s reintegration and the child’s assuming a constructive role in society. e right of children to
education and vocational training on the basis of equal opportunity are recognized (article 28), and the
education of the child is essential to fostering the development of the child’s personality, talents and men-
tal and physical abilities to their fullest potential, and the preparation of the child for responsible life in a
free society (article 29). In addition, States parties to the Convention are obliged to take all appropriate
means to ensure that all children within their jurisdiction are protected against all forms of discrimination
(article 2).
e aforementioned provisions are in line with the requirement to take any action aecting the
child taking into account their bests interests as a primary consideration. Consideration of the best
interests of the child is a key principle enshrined in article 3 of the Convention and it is meant to sup-
port the fullment of all the rights of children and foster a child’s holistic development.
Universal legal framework related to counter-terrorism
While international legal instruments against terrorism underline the need for accountability (see
chapter III of this publication), they also stress the requirement to foresee and implement appropriate
reintegration strategies. In particular, the Security Council, in its resolution 2178 (2014), called upon
all Member States to cooperate in eorts to address the threat posed by foreign terrorist ghters,
including by preventing their recruitment of children and by developing rehabilitation and reintegra-
tion strategies for returnees. Furthermore, in its resolution 70/291, the General Assembly, strongly
condemning the systematic recruitment of children to perpetrate terrorist aacks, reiterated that every
child alleged as, accused of or recognized as having infringed the law, particularly those deprived of
their liberty, should be treated in a manner consistent with his or her rights, dignity and needs, in
accordance with applicable international law, in particular obligations under the Convention on the
Rights of the Child; and urged Member States to take relevant measures to eectively reintegrate
children formerly associated with armed groups, including terrorist groups.
. Planning and implementing reintegration measures
e reintegration process requires the balancing of dierent interests and needs, in order to provide
the child with meaningful options for reconstructing his or her role in society. While they are not nec-
essarily especially expensive, reintegration programmes oen require a long-term approach rather than
a short-term one, as ensuring appropriate follow-up is a key component of the support provided to the
children and their families and communities. Accordingly, reintegration programmes require contin-
ued, rather than ad hoc, investments and the involvement of State and non-State actors. Furthermore,
to be eective, reintegration programmes require the cooperation of dierent institutions and profes-
sionals from various systems. erefore, particular aention should be devoted to accurate planning,
including a clear aribution of nancial commitments from dierent stakeholders. Finally, compre-
hensive policies and programmes need to take into account the developmental needs of children, in
order to eectively support social reintegration.
e development of eective reintegration interventions largely depends on having a coherent
strategy, identifying key steps in the development of programmes, taking into account local needs,
identifying and involving key stakeholders and mobilizing resources. Monitoring and evaluation are
also key components of eective programmes.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Figure III. Key steps of policy development
Comprehensive
reintegration strategy
Programme development Monitoring and evaluation
• Identify priority needs
that the strategy is to
respond to, and set the
main objectives
• Ensure appropriate
consideration of the
developmental needs of
children and foster the
implementation of
child-sensitive
intervention
• Review the relevant legal
and regulatory
framework to ensure
compliance with the
objective of reintegrating
child victims of violence,
including recruitment
and exploitation
• Identify key
stakeholders
• Map existing resources
• Identify target groups
and evaluate needs
• Identify priorities and
challenges faced by the
community
• Design and deliver
interventions responsive
to the individual needs
of the child
• Develop coordination
mechanisms with
relevant stakeholders
• Develop a risk
assessment and
adaptation strategy
• Mobilize resources
• Evaluate the
eectivennes of
programmes in
achieving set goals
• Evaluate the relevance of
set goals
• Evaluate the social
impact of reintegration
programmes
• Identify the lessons
learned, including
lessons about ineective
and eective practices
Note: See also Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of
Oenders, Criminal Justice Handbook Series (2012), chap. III.
Awareness-raising and communication strategies
Awareness-raising, advocacy and communication strategies are vital to the promotion of reintegration.
A strategic approach to their elaboration is crucial when dealing with politically sensitive issues.
Advocacy and communication strategies should be rooted in sound child rights-based approaches,
should be particularly careful to identify and address all appropriate target groups, including the chil-
dren themselves, their families and their communities, and should adapt the messages accordingly. In
order to maximize their eectiveness, it is also critical to ensure that advocacy strategies are rooted in
credibility. is requires:
(a) Collecting and presenting evidence;
(b) Tackling the specic concerns and fears of the target group without denying them;
(c) Identifying the partners that are beer placed to deliver each message (neutrality, proximity
and expertise are crucial to building legitimacy and trust).
In addition, strategies should take into account the specicities of each context, which deeply inu-
ence the assessment of risks associated with each strategy, as well as the identication of key messages
to be delivered. For instance, each of the specic contexts outlined in the sections below require adap-
tation of advocacy and communication strategies to consider the specic challenges faced by those
children.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Finally, ensuring that such strategies are developed and supported by a broad network of actors is
necessary to foster legitimacy and to make sure that dierent points of views are represented. e
inclusion of representatives of civil society and the private sector can help to ensure that more com-
munities are reached, while the cooperation of the media and communication systems in the delivery
of key advocacy and awareness-raising messages can help to ensure that the messages are coherent and
that they reach a large area.
Key elements of multidimensional interventions
Individual assessment
Interventions to foster the reintegration of children should begin by acquiring an in-depth understanding
of the personal circumstances of the child. e initial assessment should consider the child’s age, level of
development and personal experience in relation to his or her association with the group, including the
risk of secondary victimization. It is especially important that the individual assessment identies the
specic needs of the child, as well as the risks that could undermine the reintegration process, and that the
personal views of the child are solicited and taken into account. is process necessarily requires inter-
viewing the children. As such, it should be ensured that the interviews are carried out by qualied person-
nel and that the number of interviews is limited, in order to avoid causing further hardship to the children
(see chapter II, sections A and B (in particular section B.2 and table 1), above).
Reintegration plan
Once the assessment has been carried out, a comprehensive strategy for the long-term reintegration of
the child should be developed. e reintegration plan should include clear objectives and sound indi-
cators of progress and should identify the dierent services that best respond to the needs and specic
circumstances of the child. A reintegration plan can have multiple goals:
(a) Guarantee that comprehensive and coordinated support is provided to children;
(b) Ensure that services are selected on the basis of needs, rather than provided according to
availability;
(c) Facilitate the collection of key information, the evaluation of progress and continuity of care.
Such plans should also retain exibility and be periodically reviewed to ensure their responsiveness to
evolving circumstances.
Provision of services
In order to promote the child’s harmonious development, the services provided should be based on a
multidimensional understanding of the reintegration process and address its key dimensions: health
and psychosocial support; educational and vocational opportunities; and returning to family and com-
munity life. e separation of children previously associated with terrorist groups from other children
and the provision of ad hoc programmes may further hinder reintegration and contribute to the notion
of “special treatment”.
Psychosocial support
Psychosocial support is an important part of the child’s immediate rehabilitation, as well as a precondi-
tion for his or her continued development and reintegration into society. Psychosocial support should
include services to address the multilayered negative eects of violence on the health of a child, includ-
ing physical consequences, as well as the behavioural impact. Community health-care and psycho-
social support centres could help to carry out these services, which should be coupled with the
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
comprehensive provision of health-care services, including measures to address sexual and reproduc-
tive health,
197
as well as maternal health care and support.
Education and vocational training
Education and vocational training are of crucial importance, especially as they facilitate access to
future economic opportunities. ey may serve to strengthen critical thought, dialogue and exchanges
with peers, in addition to helping in the development of a healthy sense of self. Many children recruited
by terrorist and violent extremist groups are at a crucial stage of their development and will have
missed months or years of education. ese programmes may involve skill-based training in a range of
dierent trades and sectors, and they may need to include means for providing assistance to the child
or youth with a view to eventually enabling him or her to set up a business.
198
A child who has no pros-
pects of education and employment is likely to dri back towards his or her former group or compan-
ions from the group, which may result in re-recruitment or criminal activity.
Involvement of the family and the community
e family can provide important psychological, social and economic support to a child. Acceptance
by the family can provide safety, help counter stigmatization
199
and support readjustment to social
norms and constructive behaviours. Reintegration programmes should thus provide support not only
to the child, but also to family members, focusing on constructive ways to cope with change, and
should identify new roles, rather than aempting to reconstitute the family life as it was before.
Mediation and reconciliation eorts have proved eective in supporting these processes.
Acceptance in the community is also an important aspect of overcoming stigma and achieving the
reintegration of such children and can be crucial to ensuring the children’s access to education and
economic opportunities. Reintegration programmes should assess the community’s aitude towards
these children: resistance and condemnation of the actions of terrorist and violent extremist groups
can lead to security risks for the child. At the same time, experience has shown that such risks may be
overestimated and that communities can forgive children. In many cases, reconciliatory eorts have
proved more eective when integrating relevant cultural traditions of the community, such as cleans-
ing ceremonies. Appropriate awareness-raising and sensitization campaigns are also relevant.
A child may not wish or be able to return to his or her family. In these cases, upon careful evaluation
of the best interests of the child, alternative reintegration programmes, for instance programmes based
on foster families, may be designed to accommodate the situation or wishes of the child.
Disengagement from violent extremism
Programmes designed to counter so-called “radicalization” have struggled with the denitional ambi-
guity that characterizes the term “radicalization”. Since there is no linear or universal process of “radi-
calization”, “de-radicalization” measures vary widely, target dierent groups of children and may entail
very dierent objectives. In addition, such programmes can be provided in dierent environments,
following demobilization and release, in the community or as part of justice measures, including dur-
ing deprivation of liberty, by a variety of State and non-State actors. An analysis of the key aspects is
presented below with a view to promoting more consistent disengagement interventions addressing
children and supporting the identication of positive practices, despite the limited evaluations of
eectiveness in this specic area.
197
Happold, Child Soldiers in International Law, p. 18.
198
See also UNICEF, “UNICEF opens transit centre for child soldiers freed by LE”, 3 October 2003.
199
Singer, Children at War, p. 201.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
It is important to dene the type of intervention. A clear distinction has emerged between pro-
grammes that focus on a cognitive dimension and those that focus on behavioural aspects. Interventions
focusing on a cognitive dimension are intended to alter views, values and aitudes and are oen char-
acterized as “de-radicalization” measures; those focusing on behavioural aspects are designed to mod-
ify forms of interaction and behaviour and can be more accurately dened as promoting disengagement
from violence.
200
Programmes focusing on disengagement from violence tend to be more eective and
are less likely to give rise to discriminatory practices.
It is important to maintain an individualized approach. Understanding the personal motivation and
the “push factors” and “pull factors” that drove the individual child to accept involvement with the
group is a crucial part of determining whether interventions aimed at disengagement are necessary and,
if so, which aspects the interventions should focus on. Similarly, the programmes themselves should
retain their exibility and be adaptable to the individual strengths and weaknesses of each child.
Many features have proved especially useful for enhancing the eectiveness of interventions aimed
at disengagement from violence, in particular:
(a) e voluntary participation of children, building on the child’s willingness and motivation
to disengage from the group;
(b) e credibility of personnel, which includes the capability to build a trustful, honest and
transparent relationship with the child, based on fair and correct treatment; knowledge of the violent
extremist group that the child has been involved with; and independence from the government, which
can also be a strong asset;
(c) Initiatives that strengthen critical thinking, dialogue and acceptance of diversity and that chal-
lenge the legitimacy of violence as a means of pursuing ideological or political objectives;
(d) Psychological and counselling services addressing grievance and trauma, focusing on rebuild-
ing self-esteem, promoting a sense of self-control (independence from the group) and strengthening
coping mechanisms, including specialized family support.
Finally, it is essential to ensure that the multidimensional character of reintegration processes is still
guaranteed for children who are undergoing disengagement. ey should have equal access to other
services, including health-related assistance, educational and vocational measures and economic and
social support. In other words, disengagement from violent extremism cannot happen in a vacuum.
Reconciliation in non-judicial processes
As the recruitment of children by terrorist and violent extremist groups oen takes place in a context
of mass atrocities or in fragile States, non-judicial processes such as transitional or traditional justice
may be especially helpful to promote the rehabilitation of the child.
For children who are victims of recruitment and exploitation by terrorist and violent extremist
groups, non-judicial processes may provide an opportunity to be heard and to obtain reparations, as an
alternative to formal judicial proceedings. For children alleged as having commied terrorism-related
oences, such mechanisms may be more appropriate than those for providing accountability in the
formal justice system.
Non-judicial processes can be especially signicant for children formerly associated with terrorist
and violent extremist groups in view of their focus on community reconciliation, a particularly crucial
200
See UNODC, Handbook on the Management of Violent Extremist Prisoners and the Prevention of Radicalization to Violence in
Prisons, Criminal Justice Handbook Series (Vienna, 2016), p. 71.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
aspect of the reintegration process. However, if these processes are not adapted to the rights and needs
of children, they can also be conducive to further victimization.
201
Truth and reconciliation commissions
Over the past two decades, truth and reconciliation commissions have evolved as important informal
mechanisms for providing accountability. ey generally seek to establish the truth about an event,
memorializing the event through the creation of a historical record; provide a forum in which victims;
address impunity; and promote community reconciliation. An increasing number of truth and recon-
ciliation commissions have taken measures to ensure that they are child-friendly, including by adopt-
ing innovative approaches, such as allowing children to submit artwork and to read testimonies.
However, there continue to be challenges to the eective participation of children in truth and recon-
ciliation commissions, in particular concerning the focus and limits of the mandate of such commis-
sions. Furthermore, there is oen a need to train members of such commissions on child rights and
child-friendly procedures.
201
For detailed guidance on the adaption of non-judicial processes to the rights and needs of children, see Hamilton and
Dutordoir, “Children and justice in the aermath of armed conict”; UN-Women, UNICEF and UNDP, Informal Justice Systems:
Charting a Course for a Human Rights-based Engagement (2013); and Sharanjeet Parmar and others, eds., Children and Transitional
Justice: Truth-telling, Accountability and Reconciliation (Florence, Italy, UNICEF Innocenti Research Centre; Cambridge,
Massachuses, Harvard Law School, 2010).
United Nations approach to transitional justice
The following excerpts are from the Guidance Note of the Secretary-General on the
United Nations Approach to Transitional Justice:
For the United Nations, transitional justice is the full range of processes and
mechanisms associated with a society’s attempt to come to terms with a legacy
of large-scale past abuses, in order to ensure accountability, serve justice and
achieve reconciliation.
Children are among those most aected by armed conflict and destabilizing political
environments. Transitional justice processes and mechanisms should investigate and
prosecute international crimes against children, oer eective remedies to children,
and strengthen government institutions to protect and promote the rights of
children. Children associated with armed forces or armed groups who may have
been involved in the commission of crimes under international law should be
considered primarily as victims, not only as perpetrators …
The [United Nations] approach to transitional justice should recognize that children have
the right to express their views in matters and proceedings aecting them, in
accordance with their evolving capacities, and that child-friendly policies and
procedures must be put in place to protect the rights of child victims and witnesses of
crime involved. The best interest of the child should guide the process. When children
are supported and guided, their participation can help to build their capacity for active
citizenship in post-conflict recovery, also laying the foundation for a more just and
peaceful society. Transitional justice processes and mechanisms should strengthen the
protective environment for children in their families and communities.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Traditional justice mechanisms
In many fragile States, a large proportion of disputes are resolved not through the formal justice sys-
tem, which is frequently weak, but through traditional justice mechanisms. Traditional mechanisms
are oen particularly apt at bringing about social peace and may be the only form of justice that chil-
dren and their families and communities view as meaningful and to which they de facto have access.
Because of these qualities, there have been aempts to adapt forms of traditional justice to post-con-
ict reconciliation (e.g. in Afghanistan, Rwanda, Sierra Leone, Timor-Leste and Uganda) and to use
them in counter-insurgency measures; however, those aempts have had mixed success.
202
Regardless
of its numerous advantages, the challenge of this form of justice remains to ensure that it provides an
eective remedy to children, promotes their rights and does not perpetrate further injustices.
203
Gender dimensions of traditional justice and reconciliation mechanisms
Studies examining experiences with traditional ceremonies used as a transitional justice approach in
the context of the Lord’s Resistance Army in northern Uganda warn that aention must be paid to the
way in which women and girls formerly exploited by an armed group may have a very dierent experi-
ence of such mechanisms than male community members and returnees:
204
In some cases the rituals have provided relief and alleviated guilt on the part of returnee women
and girls. But most of the women and girls … said they found lile meaning in the ceremonies and
derived lile relief from them. A recent study also found that “forced wives” were the least likely of
any category of former captives to participate in traditional cleansing ceremonies. Some have
described these ceremonies as “wasteful” and “useless.” One former forced wife and young mother
in Kitgum District spoke for many when she said she had been forced to participate in the cere-
mony because “it is what the community people want, not what I need.”
Including child returnees
While it is especially complex to gather precise data on the number of children who have travelled
across State borders to join terrorist and violent extremist groups, it is to be expected that a large
202
Tim Allen and Anna Macdonald, Post Conict Traditional Justice: A Critical Overview, JSRP paper No. 3 (2013).
203
Hamilton and Dutordoir, “Children and justice in the aermath of armed conict”, p. 23.
204
Khristopher Carlson and Dyan Mazurana, “Accountability for sexual and gender-based crimes by the Lord’s Resistance
Army”, in Children and Transitional Justice, Parmar and others, eds., pp. 256 and 257.
Case study: Adapting truth and reconciliation commissions to the needs
of children—a case study of Liberia
a
In Liberia, the Act to Establish the Truth and Reconciliation Commission of 2005
required the adoption of specic mechanisms and procedures to address the
experiences of children, paying particular attention to gender-based violations, as well
as to the issue of child soldiers, providing opportunities for them to relate their
experiences, addressing concerns, and recommending measures to be taken for the
rehabilitation of victims of human rights violations in the spirit of national reconciliation
and healing.
a
a
An Act to establish the Truth and Reconciliation Commission (TRC) of Liberia, approved June 10, 2005. Available at
www.ecoi.net.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
number of children, whether they have travelled with their families or alone, will be part of the ux of
returnees expected in dierent States. In an eort to address the phenomenon of foreign terrorist ght-
ers, the international legal framework has highlighted the need to provide for rehabilitation and reinte-
gration programmes and to adopt appropriate criminal justice measures. e debate about favouring
the rehabilitation approach over accountability has largely overlooked the specic needs and issues
related to children.
Various explanations have been put forward to explain why foreign terrorist ghters decide to
return home. e explanations include disillusionment with terrorist practices; being unprepared for
the brutality and atrocities of ghting for ISIL or other terrorist groups; and dissatisfaction with life in
territory under the control of terrorist groups and/or the conditions in which they were expected to
live.
205
Considering the experiences of child returnees, it is especially important to ensure their access
to rehabilitation and reintegration programmes, which should take into account that their degree of
association or adherence to the groups may vary considerably. In particular, policymakers should con-
sider the health and developmental consequences of the forms of violence experienced by the chil-
dren
206
and the importance of promptly addressing their situation by using a rehabilitation approach,
preventing future grievances.
205
Tanya Mehra, “Foreign terrorist ghters: trends, dynamics and policy responses” (e Hague, International Centre for
Counter-Terrorism, 2016), p. 8.
206
“Child returnees from conict zones”, pp. 6-8.
Case study: Key challenges in the reintegration of child returnees—a local
model for reintegration and tertiary prevention in Vilvoorde, Belgium
a
Over the last few years, Belgium has seen an increase in the number of foreign terrorist
ghters as a proportion of its own population. As a response, the government of the
city of Vilvoorde has introduced “a plan for warmth and safety”, which addresses each
individual’s needs through the multidisciplinary engagement of employment ocers,
imams, social workers and school sta. The programme has been credited for helping to
stop the departure of potential recruits since its launch in 2014.
The implementation of the programme has led to the identication of specic
challenges that arise in cases of child returnees. The example below shows some of the
key challenges faced by practitioners in the municipality of Vilvoorde.
A 17-year-old girl le Vilvoorde, aer a troubled childhood, to join ISIL in the Syrian Arab
Republic. There she married a man, also from Vilvoorde, with whom she has had three
children: all of them are part of ISIL. On several occasions, she has expressed her desire to
return to her family with her children. Her family has been in touch with local practitioners,
while her husband’s family is very reluctant to communicate with authorities.
A number of challenges have influenced the work of local practitioners since the
beginning, in particular:
• How should the tension between the families involved be managed (particularly
because the girl’s husband does not agree with her plans to return and has
threatened to kill her if she tried)?
• How can information be safely exchanged, thereby ensuring condentiality and the
safety of this girl, her children and other family members?
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Promoting policies and programmes addressing the needs of girls
Improving the eectiveness of reintegration programmes for girls previously associated with terrorist
or violent extremist groups requires the development of comprehensive models of intervention, inte-
grating gender-related specicities throughout the programmes. In particular, the following elements
should be evaluated and considered:
(a) Gender-related risks;
(b) Gender-related needs;
(c) Gender-related responsivity factors;
(d) Gender-related social roles.
is social aspect is especially important for the development of eective reintegration pro-
grammes. Experience has shown that the reintegration of women and girls is facilitated by giving par-
ticular aention to social aspects. Providing support for contact families, in particular for their role as
caregivers, is especially necessary to ensure that girls become constructive members of society; it can
also be eective in addressing responsivity factors associated with mental health.
Moreover, investing in the social capital of women and girls can prove benecial to reintegration
and reconciliation eorts as a whole. Research has shown that women and girls may have a crucial role
in favouring the reintegration of children, including ex-child soldiers, even in cases where there is
resistance by the community.
Specialized personnel
e selection and training of specialized sta are especially crucial during the reintegration phase. e
professional background of sta will need to be tailored to the specic rehabilitation needs of the
children; general abilities that are especially important include:
(a) Child-sensitive communication and language (see chapter II above);
(b) Identication of distress, consequences of violence, including trauma, and other risk factors;
(c) Understanding of the importance of rules of condentiality;
• What are the legal implications for the girl’s parents if they decide to help her? (The
girl has been asking for money to return or at least to smuggle her children out of
the country. It is also possible that family members would travel to pick up the
children in a dierent country.)
• What are the legal consequences for the girl if she returns to Belgium? Considering
that she joined ISIL as a child and claims to be a victim, there would be limited
legal grounds to prosecute her. However, the lack of a clear legal framework means
that other authorities, including law enforcement agencies and social actors, would
need to be involved.
• What treatment would be appropriate for her children? Considering that they are not
registered as nationals of Belgium, certain doubts have arisen, particularly in
relation to their possible custody.
a
e present case study was contributed by the service for deradicalization and countering violent extremism of the
city of Vilvoorde.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
(d) Understanding of cultural norms and forms of expression; in addition, the composition of
the sta should reect, to the extent possible, the diversity in the group of children who are the bene-
ciaries of the reintegration programme.
Monitoring and evaluation
In view of the new and emerging challenges posed by the situation of children recruited and exploited
by terrorist and violent extremist groups, consistent monitoring and evaluation of reintegration pro-
grammes are especially relevant.
e basic criteria for the evaluation of such reintegration programmes include the following:
207
(a) Relevance: the extent to which objectives are consistent with the beneciaries’ require-
ments, country needs and priorities, relevant international standards, global priorities and the policies
and objectives of partners and donors;
(b) Eciency: a measurement of how well inputs (funds, expertise, time etc.) are converted into
outputs;
(c) Eectiveness: the extent to which a project or programme aains its objectives and expected
accomplishments and delivers the planned outcomes;
(d) Impact: the sum of the primary and secondary long-term eects of an intervention, positive
or negative, direct or indirect and intended or unintended, on its beneciaries and other aected
parties;
(e) Sustainability: the extent to which the benets of the project or programme, including long-
term benets, will continue aer its completion.
C. Demobilization and release
Release entails the disassociation of the child from the group, and the transition to civilian life.
According to the Paris Principles, release processes should be understood as including formal disarma-
ment, demobilization and reintegration programmes, as well as the informal ways in which children
leave by escaping, by being captured or by any other means.
e overlap between conict and counter-terrorism eorts entails new challenges for programmes
for the release of children associated with terrorist and violent extremist groups. It complicates the
207
e basic criteria can be found in UNODC, Criteria for the Design and Evaluation of Juvenile Justice Reform Programmes
(2010), p. 14. is publication provides further guidance on the implementation of evidence-based programmes and their
evaluation.
Checklist for practitioners: key elements
• Reintegration of children will benet from planning a comprehensive strategy,
ensuring respect of key steps in programme development and guaranteeing
monitoring and evaluation.
• Awareness-raising and communication strategies can be crucial components of
eorts to prepare for the return of children to the community.
• Appropriate reintegration interventions should be based on an individual
assessment, taking into account the views of the child, and should be coordinated
through the design of a personal reintegration plan.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
possibility to lead negotiations with the groups, including in favour of the release of children; and it
complicates the possibilities of peace agreements. In addition, Governments may oppose the release of
such children or deny them access to existing release programmes because of security concerns. One
especially alarming development is the transformation of disarmament, demobilization and reintegra-
tion camps or interim care centres into detention facilities where persons may be held for indenite
periods. Experience has shown that children are particularly vulnerable in detention facilities, as they
are oen held together with adults and/or subjected to inhuman treatment, including torture.
Another factor that may hamper community reintegration is displacement. In some cases, when the
children leave the armed groups, the communities that they had le may no longer exist or their
composition may have signicantly changed as a result of conict.
In addition, in the past, disarmament, demobilization and reintegration programmes and other
release programmes have largely failed girls. For instance, the United Nations Organization
Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) estimated that girls
associated with armed groups in the Democratic Republic of the Congo accounted for 30-40 per cent
of all children.
208
However, girls accounted for only 7 per cent of the children formerly associated with
armed groups and registered by MONUSCO. e failure to reach most of the demobilized girls was
conrmed by Child Soldiers International, which interviewed over 150 girls and found that more than
a third had never received any type of assistance.
209
at was aributable to a number of competing
factors, which included the inappropriate design of eligibility criteria, girls and women being consid-
ered as “dependants” rather than being associated with armed groups, and higher reluctance of armed
groups to release girls because of the crucial support roles they oen played. Motherhood may also
strengthen the bond of the girls with the group, thereby becoming an obstacle to eorts to ensure the
girls’ access to disarmament, demobilization and reintegration programmes.
While the following section does not comprehensively address the issue of release of children,
it provides legal and operational guidance to address these key challenges with a view to ensuring
child-sensitive treatment, while taking into account specic security concerns.
1. International legal framework on release of children
e international legal framework includes the obligation to support the release of children who have been
recruited and exploited by armed forces and armed groups, in a way that is conducive to their reintegration.
e Optional Protocol to the Convention on the Rights of the Child on the involvement of children
in armed conict imposes on States the obligation to take all possible measures to ensure that recruited
208
MONUSCO, “Invisible survivors: girls in armed groups in the Democratic Republic of the Congo from 2009 to 2015” (2015).
209
Child Soldiers International, “What the girls say: improving practices for the demobilisation and reintegration of girls
associated with armed forces and armed groups in Democratic Republic of the Congo” (London, 2017).
Key challenges
• Dicult and delayed identication of children
• Instability of the context and lack of peace agreements
• Displacement
• Political sensitivity and resistance
• Leaving girls behind
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
children are demobilized or otherwise released from service. e
Protocol does not make demobilization and release programmes con-
ditional upon the cessation of hostilities. It is also recognized that, in
the interest of promoting the child physical and psychological recovery
and reintegration, release processes should entail the provision of
appropriate assistance.
Security Council resolutions on children in conflict
Already in 1999, the Security Council adopted resolution 1261
(1999), in which it urged States and the United Nations system to
facilitate the disarmament, demobilization, rehabilitation and reinte-
gration of children used as soldiers. is has been reiterated by the
Council in various resolutions, including resolution 2225 (2015), in
which it expressed grave concern over the violations of international
humanitarian law commied by non-State armed groups, in particular
violent extremist groups, and urged for the release of abducted chil-
dren by all parties to conict and encouraged Member States to under-
take eorts to obtain the release of abducted children, including by
establishing standard operating procedures on the handover of children to relevant civilian child protec-
tion actors, as well as to seek to ensure their family reunication, rehabilitation and reintegration. In addi-
tion, the Council, in its resolution 1325 (2000), encouraged all those involved in the planning for
disarmament, demobilization and reintegration to consider the dierent needs of female and male ex-
combatants and to take into account the needs of their dependants.
Principles and Guidelines on Children Associated with Armed Forces
or Armed Groups
e Paris Principles include a series of provisions on crucial aspects to be taken into account when
designing and implementing release processes for children (paras. 7.0-7.24). ey establish that the
release, protection and reintegration of children must be sought at all times, without condition and
must not be dependent on any parallel release or demobilization process for adults. Accordingly, the
lack of formal processes must not prevent activities aimed at pursuing the release of children from
armed groups and, where formal disarmament, demobilization and reintegration processes exist,
special provisions should be adopted for children (paras. 3.11-3.12).
. Promoting child-sensitive release processes for children
recruited by terrorist and violent extremist groups
In practice, the demobilization and release processes are composed of dierent stages.
e recommendations presented below briey address the specicities of release processes in the
context of social reintegration. Failure to provide appropriate treatment and safe release options for
children may prolong their association with terrorist and violent extremist groups or increase the
chances of re-recruitment. e recommendations complement the general guidance presented in sec-
tion B.2 of this chapter.
Optional Protocol to the
Convention on the Rights of the
Child on the involvement of
children in armed conflict:
article 6, paragraph 3
3. States Parties shall take all feasible
measures to ensure that persons within
their jurisdiction recruited or used in
hostilities contrary to the present
Protocol are demobilized or otherwise
released from service. States Parties
shall, when necessary, accord to such
persons all appropriate assistance for
their physical and psychological recovery
and their social reintegration.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Planning in coordination with government stakeholders
e planning and preparation of release programmes for children can be crucial to their eectiveness.
While release processes oen involve a variety of actors, including international actors, as well as civil
society and non-governmental organization, ensuring the involvement of State actors is essential to
guarantee that reintegration prospects for children will be sustainable. is is especially critical when
considering the additional political sensitivities related to dealing with terrorist and violent extremist
groups. e security concerns of State actors will need to be taken into account in order to ensure safe
procedural agreement and shared commitment to the programmes.
Involvement and “buy-in” of government actors can be facilitated through the development and
approval of a handover agreement or protocol, according to which the parties agree that all released
children are to be transferred to the care of civilian actors. Planning should further include the imple-
mentation of information-sharing systems; the establishment of multilateral bodies responsible for the
coordinated design and implementation of release programmes and services for children; and shared
commitment to humanitarian principles. A detailed assessment of security and programming risks
should be carried out, and mitigating mechanisms and special measures to address potential emergen-
cies should be developed.
Planning
Demobiliza-
tion/release
Initial
reception
Interim care
(where
appropriate)
Community-
based
reintegration
Figure IV. Key stages of release processes for children
Case study: Guaranteeing immediate access to reintegration—the
protocol for the handover of children in the Niger
Since the eruption of the Boko Haram crisis, the Niger has been faced with multiple
challenges related to considerable numbers of children associated with the group. In
February 2017, the Government of the Niger took a crucial step to recognize the rights
of these children and ensure their fair treatment by signing a protocol with the United
Nations system.
In the protocol related to children allegedly associated with armed or terrorist groups,
reference is made to the commitment of the Niger to the protection of children’s rights
through the ratication of numerous international conventions and other legal instruments.
In addition, in the protocol it is stated that in situations of conflict, numerous human
rights violations are perpetrated and children are particularly exposed to serious
violations, including their recruitment and use by armed and terrorist groups.
Accordingly, the protocol engaged the Government:
• To ensure the protection of any child formerly associated with armed or terrorist
groups on the national territory, in line with the best interests principle;
• To ensure that any child found on the national territory following association with
armed or terrorist groups is handed over to child protection services, for their
transfer to the interim care centre, except in cases in which flagrant crimes have
been committed;
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Finally, planning should provide for monitoring and review mechanisms to ensure that the release
processes and implementing actors comply with the established planning, that the conditions and
treatment of children respect international standards and that programmes are eective in promoting
reintegration and preventing re-recruitment.
Eligibility criteria
According to international law, States have an obligation to facilitate the release of children associated
with armed groups, as their recruitment and exploitation are illegal. erefore, release options should
not be dependent on a political agreement between the parties to a conict, such as a peace treaty, but
should be carried out continuously.
210
e denition of eligibility criteria for admiing persons to release programmes is especially
essential to guarantee that all children have access to such programmes. As the recruitment of chil-
dren is a violation of international law and recruited children are to be considered primarily as vic-
tims of that violation, eligibility criteria should enable all children under the age of 18 to have access
to such programmes, regardless of the recruitment processes, as long as the children are willing to be
demobilized. In addition, eligibility should not be contingent upon whether or not a person pos-
sesses a weapon or knows how to use one, as this approach is likely to discriminate against children,
particularly girls, who are oen associated with armed groups in supporting roles. Girls should be
explicitly included in the criteria.
211
At the same time, in the interest of balancing valid security concerns of States with the fullment of
children’s rights, appropriate screening mechanisms can be developed that ensure the involvement of
specialized professionals, according to child-sensitive procedures. Ultimately, thoughtful, child-
sensitive and principled approaches to disengaging children associated with violent extremist groups
212
benet both human rights and security interests. Having broad access to release processes provides
safer options for children willing to be demobilized, minimizing the risks posed to their personal well-
being, as well as to their communities.
Identication of children and safety measures
Ensuring the safety of a child is a key concern throughout the release process. e rst step is to adopt
measures to identify children as early as possible, so that they can be separated from adults and have
access to specialized assistance.
213
Appropriate methods for the identication of children should be
used, and the conditions and requirements of child-sensitive age assessment mechanisms should be
taken into account (see chapter II of this publication).
Accommodation arrangements and procedural safeguards should also be put in place to prevent
secondary victimization of children during the release process. In addition, the selection of
210
Paris Principles, para. 7.1.
211
Paris Principles, para. 7.18.
212
Siobhan O’Neil, “Disengaging children in violent extremist contexts”, 29 October 2015. Available at hps://cpr.unu.edu/
213
e establishment of age (i.e. the determination of who is a child) should allow for exibility and should not be based on
ocial documentation only because such documentation may be dicult or impossible to obtain.
• To restrict exchanges of information related to the identity, origin and health
conditions of the child; to protect children from media interest; and prohibit any
interrogation of the child aimed at collecting military intelligence.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
personnel is a key factor for safety and provision of information to children. In particular, personnel
in contact with children should be properly trained, should include females and should include
child protection actors.
214
e following key elements to ensure the safety of children during the release process are based on
the Principles and Guidelines on Children Associated with Armed Forces or Armed Groups:
215
• Children should be separated from adults, and appropriate accommodation arrangements should
be provided to ensure sucient distance between children and adults during the release process.
(Exceptions may be made in the case of children who undergo release together with their fami-
lies, upon consideration of the children’s best interests.) Separating a child from adults is instru-
mental to the process of disengagement of the child, as it limits the child’s contact with former
members of an armed group who may have been the child’s superiors in the group’s ranks.
• Measures should be taken to ensure sucient security and surveillance, including secure accom-
modation. e water-closets for girls should be separated from the water-closets for boys.
• Information should be provided to children, in child-appropriate language, on their rights to
safety and to protection from violence, including abuse. Children should be consulted on the
eectiveness of available security measures and should be informed of the procedures to access
safe complaint mechanisms.
• Interviews with children should be conducted by trained professionals and carried out according
to specic guidelines on child-sensitive interviews (see chapter II, section B, of the present
publication).
• Any information gathered from children should be treated according to the requirements of con-
dentiality. Children should be made aware of the reasons why information is being collected
and how condentiality is being ensured.
Ensuring appropriate coordination between release and reintegration phases
e key purpose of release processes is to begin the rehabilitation and reintegration of children. Careful
planning of coordination between these two phases can help to avoid punitive approaches and long
periods of deprivation of liberty.
Interim care centres
Interim care centres are disarmament, demobilization and reintegration transit facilities in which chil-
dren may be housed aer being demobilized and released from the groups. Such centres are oen criti-
cized for potentially delaying family reunication and long-term reintegration. It should be kept in
mind, however, that interim care centres may provide safe spaces in which children can live while wait-
ing for family tracing and family reunication. Interim care centres also allow more time for children to
disconnect from violent extremist groups before returning to their communities.
Operational guidance developed for the release process should include rules on the collection of
information and condentiality; the provision of identity documents to children;
216
conditions and
safeguards for child-sensitive screening mechanisms, where appropriate; and agreements on the
appropriate timeline between the children’s release and their access to reintegration programmes.
214
Paris Principles, para. 7.21.
215
Paris Principles, paras. 3.19, 7.14-7.17 and 7.21.
216
is does not always entail the provision of release papers, which may also entail risks, and should be decided upon con-
sideration of the context and best interests of the child (see also the Paris Principles, para. 7.17).
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Provisions concerning interim care can help to ensure a smooth transition between the release
phase and the reintegration phase. Following the release period, which should not exceed 48 hours,
217
children can receive interim care provided by civilian actors, either through community-based arrange-
ments, through foster care or in specialized interim care centres.
e decision on the most appropriate seing must follow a thorough evaluation of the context and
the individual circumstances of the child. Only children should have access to interim care centres, and
the management of such centres should be carefully regulated, including through codes of conduct, to
ensure child-sensitive conditions and treatment. Regulations should guarantee that placement in an
interim care centre is not for an indenite period and that such centres are used to provide the neces-
sary treatment to children, not to administratively detain them. When a released child is alleged to
have or accused of having commied serious terrorism-related oences rather than merely having
been a member of an armed group (see chapter III of this publication), the child may be dealt with by
the juvenile justice system, in the interest of promoting his or her accountability while ensuring respect
for the rights of the child.
e return of a child to the community following placement in an interim care centre must be care-
fully planned and include follow-up. Interim care is not an alternative to community-based reintegra-
tion or to support services for families and communities. It includes health-related services, counselling
and programmes to foster positive life skills and livelihood opportunities, as well as material assistance
(see section B.2 of this chapter). Experience has shown that the provision of direct cash benets to
released children is not an appropriate form of assistance,
218
as it can undermine the overall eective-
ness of the programme and even lead to re-recruitment. Activities and programmes to foster the disen-
gagement of children from terrorist and violent extremist groups can also be provided, in order to
address risks of violent extremist behaviour. Such activities and programmes must respect the rights
and dignity of children and should not be used for all released children: the decision to use such an
activity or programme should be based on an appropriate individual assessment.
Access to reintegration programmes and services should not be made conditional upon the participation
of the child in a formal release process, so that children who have le terrorist and violent extremist
groups through self-demobilization are also guaranteed appropriate support during the reintegration
phase. Finally, throughout the release and reintegration processes, the active participation of the children
and their families and communities should be fostered. Accordingly, the children should be kept informed
of their rights and of existing procedures, and their views should be sought and taken into account.
Support for demobilizing girls
e use of girls for support roles and for sexual exploitation by terrorist and violent extremist groups
also constitutes illegal recruitment (see chapter I, section A, above)
219
Eorts to promote the release of
girls should begin with appropriate advocacy, targeting terrorist and violent extremist groups, as well
as girls, who should be made aware that release programmes are available and should be informed
about how the programmes function. Shame and fear of punishment should also be addressed to mini-
mize girls’ reluctance to join release programmes.
220
Programmatic and practical arrangements have been shown to be essential to upholding the rights
of girls. In addition to the appropriate design of eligibility criteria, there should be separate
217
Inter-Agency Working Group on Disarmament, Demobilization and Reintegration, Integrated Disarmament,
Demobilization and Reintegration Standards, Level 5: Cross-cuing issue — Module 5.30: “Children and DDR”,
sect. 8.2 (2006), p. 17.
218
Paris Principles, para. 7.35.
219
See also, African Union Commission, “DDR and Children: Operational Guideline” (2014), section C.2.
220
Inter-Agency Working Group on DDR, “Integrated Disarmament, Demobilization and Reintegration Standards (IDDRS)
— Module 5.30: Children and DDR” (2006), p.10.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
accommodations for girls in places of refuge, and specic safety measures for girls should be
provided,
221
especially since there are likely to be fewer girls than boys among the released children.
Female personnel should be present, and disarmament, demobilization and reintegration packages
should include clothing for girls, as well as female hygiene and sanitary products, and hygiene and
nutritional products for babies. Taking into account the enhanced risks faced by girls, their transfer
from temporary sites to interim care centres should be carried out immediately.
222
Finally, the specic
needs of girls should also be taken into account during the transition from release to reintegration. It is
especially important that access to reintegration programmes is also provided for girls who have “self-
demobilized” and who may have chosen to continue their lives away from their communities of origin,
as there will continue to be considerable danger of further victimization.
221
Fox, M.-J. (2004). Girl Soldiers: Human Security and Gendered Insecurity. Security Dialogue, 35(4), 465-479; Park, a. S. J.
(2006). “Other Inhumane Acts”: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone. Social & Legal Studies,
15(3).
222
Inter-Agency Working Group on DDR, “Integrated Disarmament, Demobilization and Reintegration Standards (IDDRS)
— Module 5.30: Children and DDR” (2006), p. 10.
Supporting girls in regaining their “lost value”
In a study on the demobilization and reintegration of girls associated with armed forces
and armed groups in the Democratic Republic of the Congo,
a
the respondents agreed
that girls returning from the bush had “lost their social value” because they had
“known men”. However, they shared many suggestions on how girls could once again
have a positive role and identity and therefore be more accepted by their communities.
The suggestions included the following:
• Involve girls in activities organized by and for the community. If a girl receives a
specic task to accomplish or is invited to join a group activity, especially if the
initiative comes from an influential person in the community, it can greatly
contribute to promoting a change in the attitude of her family and community. This
type of intervention requires very little or no funding and should be prioritized.
• Help all girls formerly associated with armed groups to return to school or to attend
literacy and numeracy classes. All of the girls interviewed expressed their desire to
learn but faced many diculties, including lack of funding and stigmatization.
Enrolment eorts need to be accompanied by sensitization to foster support from
parents, teachers and students. All illiterate girls should receive literacy and
numeracy classes. Such classes can be set up at a very low cost by utilizing
classrooms outside of regular hours and using volunteer teachers.
• Provide girls with relevant vocational training. Activities that enable girls to
contribute to their family’s income and give them more economic independence also
greatly contribute to restoring their social value.
• Strengthen the girls’ capacity in agriculture and animal husbandry. Revenues from
agriculture and animal husbandry can also considerably improve the girls’ nancial
independence and give them a valued role in the community. Those activities should
be considered for all girls who live in rural areas and already have some practical
experience in those areas.
a
Child Soldiers International, “What the girls say: improving practices for the demobilisation and reintegration of girls
associated with armed forces and armed groups in Democratic Republic of Congo”. Available at www.child-soldiers.org/.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
For further guidance on child-sensitive release processes for children
• Paris Commitments to protect children from unlawful recruitment or use by armed forces or
armed groups
• Principles and Guidelines on Children Associated with Armed Forces or Armed Groups
• Inter-Agency Working Group on Disarmament, Demobilization and Reintegration Integrated
Disarmament, Demobilization and Reintegration Standards, Module 5.30: “Children and
DDR” (2006). The Integrated Disarmament, Demobilization and Reintegration Standards are
currently being reviewed, inter alia, to ensure that they are fully adapted to the context of
armed conflicts involving terrorist and violent extremist groups
• African Union Commission, “DDR and children: operational guideline” (2014), available at:
www.peaceau.org/uploads/au-operational-guidance-note-on-children-in-ddr.pdf
D. Cross-border cases
When children have crossed national borders, a number of questions arise in relation to legal safe-
guards to be provided by the hosting State, the opportunity of returning children to their country of
nationality and the process of family reunication.
ese children may have a dierent cultural, ethnic or linguistic background from nationals of the
country they have entered, which exposes them to further risks of discrimination. Oen travelling
without their parents or completely alone, they may have also self-demobilized. Deprived of their fam-
ily environment and other forms of protection, they are especially vulnerable to violence, including
smuggling, tracking and re-recruitment.
In some cases, States need to consider the possibility of repatriating children who are not their
nationals, but may be exposed to the risks associated with justice proceedings upon return. While the
possibility of proceedings against the child is not, in and of itself, reason enough to exclude repatria-
tion, the nature of measures that are applicable in the country where the child would be removed, or
requesting extradition, must be taken into account.
Rather than aempting to present a detailed discussion of each of these issues, this section is
devoted to ensuring that security concerns related to the specic situations of cross-border cases
involving children take into account the key principle of the best interests of the child and promote the
social reintegration of the child.
Checklist for practitioners: key elements
• States have the responsibility to promote the release of children even during
hostilities.
• The association of children with terrorist and violent extremist groups can impact
political support and undermine eective access to release schemes.
• Disarmament, demobilization and reintegration programmes should pay particular
attention to: agreement of national governments; eligibility criteria; safety measures;
careful planning and oversight of handover mechanisms; interim care; and access to
further reintegration services.
• Measures should be taken to ensure that self-demobilizing children enjoy equal
access to services and measures that promote social reintegration.
• Disarmament, demobilization and reintegration programmes should pay specic
attention to the particular situation and needs of girls.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
. International legal framework to deal with cross-border
cases of children
According to the international legal framework, States are to ensure protection and fullment of the
rights of all children within their jurisdiction, without discrimination on the basis of national or ethnic
origin.
223
e obligation to promote social reintegration continues to apply when public authorities
enter into contact with children who are not nationals of their countries, including if they have crossed
a national border following their recruitment by a terrorist or violent extremist group.
e international legal framework related to counter-terrorism requires States to comply with their
obligations under international law, in particular international human rights law, refugee law and
humanitarian law.
224
is includes respecting international provisions, in particular non-refoulement,
in cases of extradition for the purposes of facilitating prosecution.
225
In its resolution 2178 (2014), the
Security Council, expressing grave concern over the acute and growing threat posed by foreign terror-
ist ghters, namely individuals who travel to a State other than their State of residence or nationality
for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts or the
providing or receiving of terrorist training,
called upon all Member States to cooperate in eorts to
address the threat posed by foreign terrorist ghters, including by implementing prosecution, rehabili-
tation and reintegration strategies for returning foreign terrorist ghters.
Non-refoulement principle
e non-refoulement principle entails that States shall not extradite, expel or otherwise remove a per-
son to another State where that person faces a real risk of persecution, including substantial risk of
torture or other irreparable harm. It applies to all forms of transfer of a person from the jurisdiction of
one country to another, including deportation, expulsion, extradition, informal transfer or “rendi-
tions”, and non-admission at the border.
226
e principle applies with respect to not only the country
of origin, but also any country where the person faces risks of persecution.
227
Non-refoulement in various bodies of international law
Non-refoulement is a fundamental principle of international law. It has its origin in refugee law, and it
is also a fundamental principle of human rights law.
228
Non-refoulement is a norm of customary inter-
national law and has acquired the status of jus cogens. It is also reected in the international conventions
and protocols against terrorism.
229
Under international refugee law, causes of exception to the application of non-refoulement are pro-
vided when there are reasonable grounds to regard the individual as a danger to the security of the
country in which he is or as a danger to the community of that country.
230
However, under human
rights law, the principle of non-refoulement is non-derogable in times of public emergency and is not
subject to restrictions in individual cases. is entails that the aforementioned exceptions on the basis
223
See the Convention on the Rights of the Child, art. 2, para. 2.
224
See, for instance, Security Council resolution 1624 (2005).
225
See Security Council resolution 1373 (2001).
226
Oce of the United Nations High Commissioner for Refugees, Advisory Opinion on the Extraterritorial Application of
Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, 26 January
2007, paras. 7 and 11.
227
Oce of the United Nations High Commissioner for Refugees, “Note on non-refoulement”, (EC/SCP/2), 23 August
1977, para. 4.
228
See, in particular, article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (United Nations, Treaty Series, vol. 1465, No. 24841); and arts. 6 and 7 of the International Covenant on Civil and
Political Rights.
229
See, for example, art. 15 of the International Convention for the Suppression of the Financing of Terrorism.
230
See art. 33, para. 2, of the Convention relating to the Status of Refugees (United Nations, Treaty Series, vol. 189, No. 2545).
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
of national security and public order cannot be invoked when the refoulement would result in expos-
ing the person to serious human rights violations,
231
including for persons suspected, accused or
convicted of terrorism oences.
232
Non-refoulement of children
e Commiee on the Rights of the Child has provided guidance on the application of non-
refoulement to children. It has recommended that prohibition of transfer aects the country to which
removal is to be eected or any country to which the child may subsequently be removed. Such non-
refoulement obligations apply irrespective of whether serious violations of those rights guaranteed
under the Convention originate from non-State actors or whether such violations are directly intended
or are the indirect consequence of action or inaction.
233
Examples of irreparable harm that preclude non-refoulement include those contemplated under
article 6 of the Convention on the Rights of the Child relating to the right of the child to life, survival
and development and article 37, which includes the prohibition of torture, inhuman or degrading
treatment or punishment of children; prohibited punishments (the death penalty and life imprison-
ment without the possibility of parole); and principles governing the deprivation of a child’s liberty.
e Commiee on the Rights of the Child regards underage recruitment and participation in hostilities
as entailing a risk of irreparable harm involving fundamental human rights, including the right to life.
234
Generally, a person whose extradition is being sought can waive full extradition proceedings and
agree to be transferred to the requesting State. With regard to the transfer
235
of sentenced persons,
some international agreements or national laws require the sentenced person’s consent to the transfer.
In the case of a child, particular aention must be paid to the validity of any expression of consent,
while at the same time keeping in mind the interest to expedite proceedings to the extent possible
without weakening safeguards.
Beyond the principle of non-discrimination, enshrined in article 2, the Convention on the Rights of
the Child contains other provisions applicable to the situation of children associated with terrorist and
violent extremist who are not in their country of nationality.
Article 22 of the Convention requires States parties to take appropriate measures to ensure that a
child who is a refugee or asylum seeker (regardless of whether or not the child is accompanied by
another person) receives appropriate protection and humanitarian assistance. Since children who are
refugees or asylum seekers may oen nd themselves separated from their families, States parties
should provide cooperation in any eorts by the United Nations and other competent intergovern-
mental or non-governmental organizations cooperating with the United Nations to protect and assist
such a child and to trace the parents or other members of the family of any refugee child in order to
obtain information necessary for reunication with his or her family.
Article 9 of the Convention establishes the responsibility of States parties to avoid the separation of
the child from her or his family because, as stated in article 8, family relations are an element of the
child’s identity. Separation from the family can take place only if competent authorities, subject to judi-
cial review, determine that such separation is necessary for the best interests of the child. In addition, in
article 20 it is stated that children who are temporarily or permanently deprived of their family
231
Human Rights and Criminal Justice Responses to Terrorism, pp. 192 .; and Advisory Opinion on the Extraterritorial
Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967
Protocol, para. 11.
232
e application of the non-refoulement principle to the transfer of terrorism suspects is examined in depth in Human
Rights and Criminal Justice Responses to Terrorism, pp. 190 .
233
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, para. 27.
234
Ibid., para. 28.
235
UNODC, Handbook on the International Transfer of Sentenced Persons, Criminal Justice Handbook Series (Vienna, 2012),
p. 20.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
environment should be entitled to special protection and assistance provided by the State. ese arti-
cles apply regardless of whether a child has been recognized as a refugee or has crossed a national
border.
. Policies and measures to support the reintegration of
children in cross-border situations
e situation of children who are not nationals of the State where they have entered into contact with
public authorities requires crucial decisions to be taken concerning the children’s future. e main
objective of such decisions is to identify a durable solution for the child, in line with his or her best
interests. e present section highlights relevant procedures to ensure the respect and protection of
child rights.
Practitioners need to provide immediate protection for such children and to make sure that crucial
decisions concerning their future take into account the children’s best interests. Avoiding delays in the
proceedings is necessary to avoid additional obstacles to the reintegration of the children. Accordingly,
States are invited to avail themselves of the support provided by international actors such as United
Nations agencies, especially when their capacity is limited.
In view of the complexities of the procedures, the recommendations below are not intended to
cover all circumstances, but they include references to instruments providing more detailed guidance.
Ensuring prompt assistance
States are responsible for providing care and assistance for all children under their jurisdiction.
Accordingly, as soon as children enter into contact with national authorities, proceedings should be
initiated to prioritize the identication of the children, register them through an initial interview and
provide them with identity documentation.
236
Specialized personnel should carry out these tasks in a
child- and gender-sensitive way, to avoid secondary victimization.
At this stage, the determination of the child’s potential needs for international protection and the
determination of refugee status should begin. Accordingly, the child should be appointed with a guard-
ian and a legal representative.
237
While these proceedings are taking place, the children should have
equal access to appropriate care and protection services, including appropriate accommodation, as
well as to rehabilitation and social reintegration programmes, including health-related services and
educational measures.
238
In view of the specic situation of children recruited and exploited by terrorist and violent extrem-
ist groups, care and assistance arrangements should take into account the heightened risks of victimi-
zation and/or re-recruitment. is, however, should not be interpreted as justifying reliance on
institutionalization when alternative solutions are possible.
Access to child-sensitive asylum proceedings
Children who have been associated with terrorist and violent extremist groups may be exposed to
enhanced danger if they are returned to their country of origin, and this should be considered during
asylum proceedings. e Commiee on the Rights of the Child has called for an age- and gender-
sensitive interpretation of the denition of “refugee”, taking into account the particular motives for,
236
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 31-33.
237
International Commiee of the Red Cross and others, Inter-Agency Guiding Principles on Unaccompanied and Separated
Children (Geneva, 2004), e-book, p. 46.
238
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 39-49.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
and forms and manifestations of, persecution experienced by children, including underage recruit-
ment into terrorist and violent extremist groups.(e causes of re-recruitment should also be consid-
ered).
In addition, legislation and policies should reect the need to provide specialized safeguards and
support measures to children seeking asylum, such as legal representation and child-sensitive
treatment.
239
Best interests assessment and best interests determination
e best interests assessment and the best interests determination describe procedures to ensure that
the needs and rights of children are respected during the provision of assistance.
Best interests assessment: this refers to a procedure that should be carried out systematically to
determine the most appropriate actions to be taken in relation to the situation of the individual
child. e child should be granted the opportunity to freely express his or her views, and the
assessment should in any case be documented. While it does not require the strict procedural
requirements of a formal determination, sta should have the requisite skills and knowledge.
Best interests determination: this describes the formal process designed to determine the child’s
best interests for particularly important decisions aecting the child, that require stricter proce-
dural safeguards. is process should ensure adequate child participation without discrimination.
It should also allow the views of the child to be given due weight in accordance with the child’s age
and maturity. It involves decision makers with relevant areas of expertise, and it balances all
relevant factors in order to identify the best option.
ey dier, however, in their level of detail and regulation, which may be particularly relevant to the
situation of children recruited by terrorist and violent extremist groups. While a comprehensive
description of the dierent steps of the best interests determination is beyond the scope of the present
publication, it should be noted that such children, when in cross-border situations, are particularly
likely to require a formal determination because: (a) owing to the higher risks of persecution and re-
recruitment, they are especially likely to be entitled to refugee status, which should be considered dur-
ing the identication of durable solutions for the child; and (b) their experience could easily expose
them to risks of victimization during the stages involving temporary care and living arrangements.
Family reunication
Family tracing and reunication are regarded as essential components of the search for a durable solu-
tion for unaccompanied and separated children. Accordingly, family tracing and reunication should
be prioritized except where they would be contrary to the best interests of the child, including when
there is a risk that they would lead to the violation of fundamental human rights of the child, or when
they would jeopardize fundamental rights of those being traced. Children who have been granted refu-
gee status in the host country automatically satisfy this test, as do children whom a competent author-
ity determines cannot be returned as this would be contrary to the principle of non-refoulement.
240
Where the child faces a lower level of risk in the country of origin (including that of being aected
by indiscriminate eects of generalized violence), the opportunity of family reunication is deter-
mined on a case-by-case basis, following a formal best interests determination.
239
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 64-78.
240
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 80 and 82.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
When children have been involved in armed violence against their own community, preparations
for reunication should take into account the need to shield them against discrimination, targeted
aacks and further recruitment.
241
Ensuring that repatriation mechanisms full the rights of the child
e Oce of the United Nations High Commissioner for Refugees describes repatriation as the volun-
tary return of a person to, and reintegration in, his or her country of origin.
242
Voluntary repatriation may
take place in the context of family reunication, or even when the child’s family cannot be traced, based
on the fact that the child’s home State will support and care for the child. According to international
human rights standards, particularly the right of an individual to return to his or her own country,
243
States are duty-bound to admit their nationals and cannot compel any other State to keep them through
measures such as denationalization
244
(i.e. a State cannot take away a child’s citizenship or passport).
Repatriation may also take place on the basis of a decision of national authorities in the hosting
State, for instance as a consequence of lack of recognition of refugee status. Nonetheless, repatriation
of a child recruited and exploited by terrorist and violent extremist groups is not an option if it would
lead to a “reasonable risk” that the child’s return would result in the violation of fundamental human
rights of the child, in particular if the principle of non-refoulement applies. Non-rights-based argu-
ments such as those relating to general migration control cannot override the child’s best interests.
While it has been acknowledged that there may be cases where the child’s best interests are overridden
by other rights-based considerations, such as posing a serious threat to the society of the host State,
such decisions can only occur aer careful balancing of the child’s best interests and other considera-
tions, and they are the exception, not the norm. In terms of the process, the Commiee on the Rights
of the Child has emphasized that, in all cases return measures must be conducted in a safe, child-
appropriate and gender-sensitive manner.
245
241
Inter-Agency Guiding Principles on Unaccompanied and Separated Children, p. 37.
242
UNHCR, Handbook on Voluntary Repatriation: International Protection (Geneva, 1996).
243
is right is contained within general international human rights treaties, including the Universal Declaration of Human
Rights, art. 13, para. 2 and the International Covenant on Civil and Political Rights, art. 12, para. 4.
244
Handbook on Voluntary Repatriation, part 2.1.
245
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 85-86.
Denitions of “unaccompanied children” and “separated children”
The following denitions are taken from general comment No. 6 (2005) of the Committee
on the Rights of the Child:
a
• “Unaccompanied children” are children who have been separated from both parents
and other relatives and are not being cared for by an adult who, by law or custom,
is responsible for doing so.
• “Separated children” are children who have been separated from both parents, or
from their previous legal or customary primary caregiver, but not necessarily from
other relatives. These may, therefore, include children accompanied by other adult
family members.
a
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 7 and 8.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
Promoting children’s participation
e determination of the child’s best interests, especially in view of crucial decisions such as family
tracing and repatriation, and ultimately the child’s reintegration, cannot disregard his or her views.
246
Children should be informed of developments concerning their situation (for instance, the outcome of
family tracing) by persons of trust and in a timely, child-sensitive manner.
For further guidance on the treatment of children in cross-border situations
• General comment No. 6 on the treatment of unaccompanied and separated children
outside their country of origin (HRI/GEN/1/Rev.9 (Vol. II)), chap. VI
• International Committee of the Red Cross and others, Inter-Agency Guiding Principles on
Unaccompanied and Separated Children (2004)
• Oce of the United Nations High Commissioner for Refugees, UNHCR Guidelines on
Determining the Best Interests of the Child (2008)
• Oce of the United Nations High Commissioner for Refugees, Guidelines on Policies and
Procedures in Dealing with Unaccompanied Children Seeking Asylum. Available at
www.refworld.org/
• Jan Murk, “Children’s rights in return policy and practice in Europe: a discussion paper on
the return of unaccompanied and separated children to institutional reception or family”
(UNICEF, 2015)
E. Rehabilitation and reintegration as a key purpose of
the justice process
Regardless of whether they are considered as victims of a violation of international law, children
recruited by terrorist and violent extremist groups oen face criminal justice charges and may be dealt
with by the justice system. In such cases, it is especially important to support their reintegration
throughout the justice process.
e consequences of labelling children as “terrorists” when they come in contact with the justice
system are particularly serious. Such labelling encourages reliance on punitive approaches and
increases the risk of secondary victimization within the system. In addition, it can compromise eorts
to return the child to family and community life, including by undercuing educational and
246
CRC/C/GC/12, paras. 123-126.
Checklist for practitioners: key elements
• States should ensure protection and fullment of the rights of every child within
their jurisdiction, regardless of the child’s nationality.
• In any decision aecting children in cross-border situations, States have the
obligation to respect the principle of non-refoulement, and appropriate support to
access asylum proceedings should be provided to any child facing risks upon
returning to his or her country of origin.
• A formal and detailed best interests determination process should precede any
particularly important decision identifying a long-term solution for the child, in
particular before family reunication and repatriation
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
employment opportunities. Stigma may have an especially crucial impact on a child whose personality
is still developing, aecting the child’s perception of his or her self.
In addition, children recruited by terrorist and violent extremist groups may have embraced the
beliefs of the groups. While this does not, in itself, justify recourse to justice measures, it can pose chal-
lenges to social reintegration. Addressing this phenomenon among children deprived of their liberty
can be particularly challenging, because of the risk of contagion eect. While evidence of the extent of
this phenomenon in custodial seings is not conclusive, the conditions of reduced liberty, together
with frustration, grievances and lack of future opportunities, can create circumstances that are condu-
cive to further recruitment. Practitioners face the twofold challenge of supporting the reintegration of
those children who have internalized violent extremist ideology while preventing the recruitment of
other children. At the same time, the risk of overestimating the number of children who may require
disengagement or “deradicalization” programmes is higher among children in custodial seings.
e section below oers guidance on providing support to children charged with terrorism-related
oences, with a view to ensuring that they have equal opportunities for social reintegration.
. Reintegration in the international legal framework on
juvenile justice
e Security Council, in its resolution 2178 (2014), called upon all Member States to cooperate in
eorts to address the threat posed by foreign terrorist ghters, including by developing and imple-
menting rehabilitation and reintegration strategies for returning foreign terrorist ghters. e General
Assembly, in its resolution 70/291 on the United Nations Global Counter-Terrorism Strategy Review:
reiterated that every child alleged as, accused of or recognized as having infringed the law should be
treated in a manner consistent with his or her rights, dignity and needs, in accordance with applicable
international law, in particular obligations under the Convention on the Rights of the Child; and, bear-
ing in mind relevant international standards on human rights in the administration of justice in this
regard, urged Member States to take relevant measures to eectively reintegrate such children.
International legal framework related to the rights of the child
e Convention on the Rights of the Child recognizes the right of children alleged as, accused of or
recognized as having infringed the penal law to be treated in a way consistent with the promotion of
their sense of dignity and worth, which takes into account the desirability of promoting their social
reintegration (article 40). Accordingly, no limitation to the other provisions of the Convention, in par-
ticular those relating to non-discrimination and the right to education, should be justied on the basis
of the child’s alleged or recognized involvement in criminal activities, regardless of the seriousness of
those activities.
Furthermore, in article 37 of the Convention, it is stated that deprivation of liberty of a child is to be
used only as a measure of last resort and for the shortest period of time; that is particularly relevant to
promoting the reintegration of the child.
In the Beijing Rules, it is stated that sucient aention should be given to positive measures that
involve the full mobilization of all possible resources, including the family, volunteers and other com-
munity groups, as well as schools and other community institutions, for the purpose of promoting the
well-being of the juvenile, with a view to reducing the need for intervention under the law (rule 1.3).
Accordingly, in the United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice, Member States were
urged to consider the use of non-coercive treatment, education and assistance programmes as
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
alternative measures to judicial proceedings and the development of alternative non-custodial inter-
ventions and eective social reintegration programmes(para. 31 (d)).
In particular, juvenile justice standards stress the importance of the following elements:
(a) Appropriate scope for discretion at all stages of the proceedings to select the measures that
are more responsive to the needs of the child (see also chapter III of this publication);
(b) Full respect of the child’s right to privacy, in order to avoid the harm caused by undue publicity;
(c) Use and application of alternative measures to formal judicial proceedings;
(d) Provision of tailored assistance, including education or vocational training, employment or
any other assistance, helpful and practical, in order to facilitate the rehabilitative process (see rule 24.1
of the Beijing Rules), during the application of justice measures, whether of a non-institutional or
institutional character;
(e) Mechanisms to ensure that the possibility of release is considered throughout deprivation
of liberty.
e United Nations Rules for the Protection of Juveniles Deprived of their Liberty concern speci-
cally the conditions and treatment of children deprived of their liberty (see chapter III above) and
include an entire section focusing on the provision of education and vocational training activities to
prepare the child for return to society and future employment, as well as a section on leisure activities
and physical training. Special aention should be devoted to ensuring equal access to such services to
children of foreign origin or with particular cultural or ethnic needs (paras. 38-47).
Maintaining the connection between the child, the family, the community and the outside world is
a precondition for successful reintegration. To that end, specic procedures, including early release,
and special courses should be devised. Competent authorities should provide or ensure services to
assist juveniles in re-establishing themselves in society.
247
According to the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Oenders (the Bangkok Rules) (General Assembly resolution 65/229, annex),
juvenile female prisoners should have access to education and vocational training, as well as access to
age- and gender-appropriate services (rules 37 and 38). And, in view of women prisoners’ dispropor-
tionate experience of domestic violence, they should be consulted when deciding who is allowed to
visit them (rule 44). At the same time, the importance of family and social ties for the reintegration of
women is emphasized.
. Supporting the eective rehabilitation and reintegration of
children alleged to have committed terrorism-related oences
Obtaining appropriate support to achieve social reintegration is a right of all children in contact with
the justice system. In cases involving children recruited by terrorist and violent extremist groups, the
justice system should recognize that, while the children may be alleged oenders, they are at the same
time victims of a violation of international law. e application of justice measures should thus include
specic assistance addressing the consequences of the violation.
e recommendations below are to be implemented in the framework of a functioning and child-
sensitive justice system (see chapter IV of this publication) and are intended to complement the
general guidance provided in section B of this chapter.
247
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 59-62, 79 and 80; see also Guidelines
for Action on Children in the Criminal Justice System, para. 20.
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CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Promoting options conducive to reintegration at all stages of the justice
process
A comprehensive approach to promoting the reintegration of children in conict with the law should
be mainstreamed through laws, regulations, procedures and institutions. Legislation should include a
variety of provisions that support the social reintegration of children beginning with the early stages of
their involvement with the justice system.
248
Specic incentives should be in place to award primary
consideration to measures providing for the treatment of children without resorting to judicial pro-
ceedings or deprivation of liberty, whenever appropriate. In particular, systematizing preference for
measures that are community-based and restorative in nature allows to pursue accountability
without subjecting the child to the disruptive eects of deprivation of liberty (see chapter III above).
Figure V summarizes some of the measures that can be put in place to foster the social reintegration
of children alleged to be oenders, according to the dierent stages of the justice process.
Figure V. Measures to foster the social reintegration of children alleged
to be oenders
Privacy, condentiality and records
Ensuring fullment of the right of children to privacy and data protection protects them from dispro-
portionate stigmatization stemming from their association with terrorist and violent extremist groups.
Specic provisions should ensure that:
248
HRI/GEN/1/Rev.9 (Vol. II), chap. VI, paras. 27 and 28.
Upon
apprehension/
during the
pretrial stage
During trial During detention Upon release
• Empower law
enforcement and
prosecution services
to choose
non-intervention
• Promote diversion
measures
• Ensure that
deprivation of
liberty is a measure
of last resort
• Request and take
into account the
pre-sentencing
social enquiry
report
• Give due
consideration
to the personal
circumstances
of the child
• Make sure
alternatives to
deprivation of
liberty and to
restorative options
are given primary
consideration
• Carry out the
individual needs
assessment upon
arrival
• Guarantee regular
contact with the
outside world
• Provide access to
educational
measures and
vocational training
• Undertake regular
review of the
necessity of
detention and early
release options
• Provide for
semi-institutional
arrangements
• Provide the child
with suitable
residence, clothing,
employment and
sucient means
• Develop
community-based
services and
programmes to
support the child’s
re-entering the
community
• Put in place
coordination
mechanisms to
support continuity
of care
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
(a) Information that may lead to the identication of the child is never made public;
249
(b) Court proceedings involving a child constitute an exception to the general rule that a trial
is to be held in public and are thus conducted behind closed doors;
(c) Oences commied during childhood do not appear on the criminal records of children
when they become adults, in order to provide them with a real opportunity to be fully reintegrated into
society with a clean record.
It is especially important that future employers do not have access to privileged information con-
cerning the child’s past oences once he or she or turns 18. e seriousness of the oence commied
should not inuence such provisions.
At the policy and programme levels, various measures can support condentiality. If diversion meas-
ures are applied, regulations ensure that condential records may be kept for administrative and review
purposes only and should later be eliminated. eir access must be strictly limited to authorized person-
nel, for a determined period of time. In any case, such records must not be equated with criminal records.
In addition, strict rules of condentiality should be applied to information concerning the child’s back-
ground, circumstances and involvement with the group and any other personal information that may be
gathered during the assessment and for the purposes of the social enquiry report.
Use of individual assessment as a basis in selecting appropriate measures
e individual assessment can be used at dierent stages: as the basis for designing a reintegration
plan;
250
to allow for discretion in selecting the most appropriate intervention; and upon admission in a
custodial facility. Child-sensitive assessments take into account the main needs of the individual child,
as well as risk factors, strengths and responsivity factors. In the context of children recruited by terror-
ist and violent extremist groups, additional risks should be taken into account, such as the risks of re-
recruitment, retaliation from the group and secondary victimization within the justice system.
Various risk assessment tools have been developed to evaluate the likelihood of violent extremist
tendencies.
251
Such tools may be necessary:
(a) To properly assess the personal circumstances that led the child to become involved with a
terrorist or violent extremist group, whether that happened out of conviction, through coercion or for
material gain;
(b) To recognize the dierent levels of involvement in such a group;
(c) To avoid considering such children as a homogeneous group and determine the need for
measures to promote disengagement from violence.
Tools for assessing the risk of violent extremism are generally developed for adults and therefore
fail to take into account the specic educational needs and developmental factors of children, includ-
ing desistance (i.e. abstaining from reoending) and age relativity.
252
When adopted for children, they
will require in-depth revision and adaption.
Countering isolation when non-institutional and institutional measures are
applied
Children who are alleged to have or accused of having commied terrorism-related oences are sub-
jected to measures that isolate them from their families, their peers and educational and rehabilitation
249
Ibid., para. 66.
250
Introductory Handbook on the Prevention of Recidivism, p. 118.
251
Council of Europe Handbook for Prison and Probation Services regarding Radicalisation and Violent Extremism (2016), p. 14.
252
Gina M. Vincent, Laura S. Guy and omas Grisso, Risk Assessment in Juvenile Justice: A Guidebook for Implementation,
6 November 2012, p. 21. Available at www.modelsforchange.net/.
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CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
services. Whether the justice measures applied to the children are of a institutional or non-intuitional
nature, they should always guarantee an appropriate balance between accountability and rehabilitation.
Establishing trust and credibility
A positive relationship between the children and personnel must be based on the strictest respect for
the children’s rights and ensuring fairness, high standards of conduct and open channels of communi-
cation. Appropriate selection and training of the personnel are crucial (see section C.2 of this chapter)
and should take into account that practitioners dealing with children not only should maintain secu-
rity, but should also be responsible for accompanying the development of the child.
Supporting relations with families and contact with the outside world
Supporting relations with families and contact with the outside world can be especially challenging
during the implementation of justice measures. Sometimes other family members have also been
charged with terrorism-related oences. In other cases, family members avoid contact with such chil-
dren to avoid stigmatization. Special care and aention should be given to identify a positive network
for the child and support regular and constructive contact with a view to facilitating reintegration.
Maintaining access to a variety of measures, including measures involving
educational, vocational, health and psychosocial support
Involving children in educational, vocational and psychosocial support programmes is easier when
diversion and alternative measures are being applied, but it can be more challenging for children
deprived of their liberty. When possible, children in detention should also be allowed to aend educa-
tional and vocational activities outside of the detention facility. When such activities are provided in
institutional facilities, this should not be reected on the certicates indicating the degrees or quali-
cations obtained, in order to facilitate the children’s reintegration aer they have been released.
Early release schemes and semi-institutional arrangements
Early release schemes and semi-institutional arrangements, including through the development of
periodic assessments, represent a crucial mechanism for ensuring that children return to their com-
munities as soon as they are ready.
Disengagement from violence during deprivation of liberty
e application of disengagement programmes for children deprived of their liberty entails additional
considerations, as it is oen on a non-voluntary basis, it involves additional concerns related to security
and there may be a higher risk of the participating children being inuenced by other children who
have also been deprived of their liberty. As these interventions are oen new and evidence of their
eectiveness is limited, goals and progress indicators should be clearly dened and sound monitoring
should be continuously carried out.
Children who are considered to have been “indoctrinated” by terrorist and violent extremist groups
are oen detained together with adults and denied access to child-appropriate services. An eective
reintegration process presupposes the separation of children from adults in detention, not only to pro-
tect the children from secondary victimization, but also to provide eective support to ensure their
personal development.
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
ere is currently considerable debate on the merits of dispersal and separation strategies, focusing
on the risks of further recruitment.
253
Regardless of the strategy that has been chosen, however, in most
cases, the living arrangements themselves are likely to be insucient to eectively prevent recruitment
during deprivation of liberty, and security is beer achieved through a comprehensive set of measures
focusing on safety and promoting positive interaction. When it is deemed necessary to separate groups
of children, the separation should be based on careful assessment of violent and aggressive behaviour
rather than on ideology. Practitioners in dierent regions have reported that separation based on ideol-
ogy has oen strengthened the adherence of children to violent extremist groups, feeding into the
dynamics of “us versus them” and reinforcing power hierarchies within the groups.
253
Global Center on Cooperative Security and International Centre for Counter-Terrorism — e Hague, “Rehabilitating juvenile violent
extremist oenders in detention: advancing a juvenile justice approach” (December 2016), p. 6.
Case study: Children deprived of their liberty on the basis of terrorism-
related charges—the juvenile wing of the Roumieh prison in Lebanon
In January 2013, 12 children accused of having committed terrorism-related oences
were moved from the adult wing of Roumieh Prison in Lebanon to the juvenile wing.
Recognizing that the status of children should prevail over any other status, including
the status of persons alleged to have committed the oence of association with a
terrorist group, this transfer allowed those children to be treated as any other children
deprived of liberty.
The children also became part of a pilot project that focused on 56 children charged
with terrorism-related oences, who were in detention between December 2012 and
February 2016. The collected data concerned (a) their prole; (b) their judicial status;
(c) the impact of their detention conditions prior to and aer their placement in the
juvenile wing; and (d) the impact of the rehabilitation approach. The goal was to collect
relevant evidence and monitor the eectiveness of the approach adopted to deal with
an unexpected situation, which had been recognized as a challenge by the prison sta.
The prison management chose a dispersal approach instead of isolation or concentration,
in order to avoid discrimination (flagging, isolation, regrouping, etc.). The children were
thus included in the system that was already in place and took part in the rehabilitation
programmes without any changes being made to the content or schedules. At the same
time, for security reasons, the children were subject to discreet follow-up in order to
regularly assess their progression or regression. Throughout the detention period, regular
visits by the child’s family were guaranteed. Activities for each child were selected on the
basis of: (a) the child’s prole, developmental level and general behaviour; (b) individual
preferences; and (c) the period to be spent in detention.
Initially, these children showed unusual reluctance to take part in common activities,
rejected contact with women personnel and expressed their determination to have
individual cells or to be grouped with their peers. All these demands were dismissed,
and it became clear to them that abiding by the rules was the only option and that no
exception would be made to those rules.
All children took part in one or two activities designed for the purpose of rehabilitation.
The objective was to focus on self-esteem, self-consciousness, sociability and cultural
diversity in order to counter “radicalization”. This method had a successful outcome,
and disengagement was noticed through some changes in behaviour and activities and
was also fully maintained during family visits.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Having a dispersal regime does not preclude the implementation of other measures to promote
security within the custodial facility, while also promoting positive social interaction. In particular,
having smaller institutions with an adequate number of trained practitioners allows for appropriate
monitoring and follow-up.
Finally, restrictions and disciplinary measures should never become systematic, entail restrictions
of children’s fundamental rights (including health and nutritional requirements; access to educational
measures and contact with the outside world) or amount to degrading treatment (see chapter III of
this publication). Unfair treatment may promote or strengthen grievances, antisocial behaviour and
adherence to violent extremism.
Preparation for release and aercare
e passage between deprivation of liberty and the return to the community is a delicate transition, in
particular for children who have been associated with terrorism-related oences and who may face
considerable rejection following their release. Adequate preparation should start as early as possible
and should take into account the following key aspects:
(a) Appropriate mechanisms should be in place to ensure eective coordination between the
management of the custodial facility and the services and agencies responsible for the supervision,
which includes the transmission of relevant records to facilitate the continuity of care and support of
the child for at least six months following his or her release;
(b) A reintegration plan should be developed for and with the child, in coordination with
child’s parents or legal guardians and in cooperation with the agencies responsible for the child’s
supervision aer release;
(c) Timely information should be provided to both the child and his or her family concerning
in particular the release date, as well as the extent and availability of support and assistance services;
(d) Educational and psychosocial support should be aimed at preparing the child for life aer
his or her release;
(e) Mechanisms favouring progressive preparation prior to release should be in place, including
the child’s placement in semi-open institutions and short visits to his or her family.
Indeed, many States now have experience in the use of “gradual approaches” to the release of chil-
dren. is entails the creation of semi-open institutions, which generally accommodate only a small
number of children and allow the children to aend dierent activities outside of the facilities. Oen
children in such institutions are allowed to advance towards increasingly open arrangements. While
favouring the progressive reintegration and autonomy of children, such institutions also allow for regu-
lar monitoring of risks and the children’s progress, thus providing a satisfactory response to the numer-
ous security concerns that may be associated with children convicted of certain oences. At the same
time, when coupled with early release schemes based on appropriate review, such institutions can con-
tribute to ensuring that children are detained for the shortest possible time.
In addition, practical and psychosocial support should be provided at the moment of release and
during the months that follow and should be aimed at ensuring that the conditions for a successful
reintegration are in place. In particular, appropriate accommodation should be provided if the fam-
ily is not in a position to guarantee it. Ongoing support should facilitate access to education and
training, as well as nancial assistance following release. Particular aention should be paid to
ensuring that the child’s contact with persons, whether in the family of the community, who may
have played a role in the original involvement of the child with the terrorist or violent extremist
group are not renewed. Emphasis should be given to identifying and supporting a positive network
CHAPTER 4. REHABILITATION OF CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS
for the child. is is especially important since a key aspect of reintegration is learning to navigate
and manage relationships in a healthy and constructive manner throughout the re-entry process.
254
254
Ibid., p. 11.
Checklist for practitioners: key elements
• States should integrate the objective of social reintegration at every stage of the
justice process concerning children.
• Individual assessments are crucial to the elaboration of a reintegration plan and its
periodic review.
• During the application of justice measures, special attention should be given to
avoiding the isolation of the child and promoting positive measures of socialization
and connections with the outside world.
• Continuity of care is especially crucial during the transition from deprivation of
liberty to life in the community, and specialized assistance should be provided to
that end.
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Annex. Relevant international legal framework
A. International human rights law
Convention on the Rights of the Child
e Convention sets out the civil, political, economic, social, health and cultural rights of children.
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict
e Optional Protocol prohibits the compulsory recruitment of children into the armed forces of
States parties.
Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography
e Optional Protocol requires parties to prohibit the sale of children, child prostitution and child
pornography.
International Covenant on Civil and Political Rights
is treaty sets out a variety of civil and political rights for all people.
Worst Forms of Child Labour Convention, 1999 (No. 182), of the International Labour
Organization*
is convention calls for the prohibition and elimination of the worst forms of child labour, including
the compulsory recruitment of children in armed forces.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
e Convention requires States parties to take eective measures to prevent torture in any territory
under their jurisdiction and forbids States to transport people to any country where there is reason to
believe they will be in danger of being tortured.
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
e Optional Protocol supplements the Convention by establishing an international inspection
system for places of detention.
GENERAL ASSEMBLY RESOLUTIONS
Universal Declaration of Human Rights (General Assembly resolution 217 A (III))
*
See also ILO recommendation 190 “concerning the prohibition and immediate action for the elimination of the worst forms
of child labour”, which supplements the Worst Forms of Child Labour Convention (1999).
ANNEX RELEVANT INTERNATIONAL LEGAL FRAMEWORK
B. United Nations standards and norms in juvenile justice
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules) (General Assembly resolution 40/33, annex)
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines) (General Assembly resolution 45/112, annex)
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(General Assembly resolution 45/113, annex)
Guidelines for Action on Children in the Criminal Justice System (Economic and
Social Council resolution 1997/30, annex)
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
(Economic and Social Council resolution 2005/20, annex)
United Nations Model Strategies and Practical Measures on the Elimination of
Violence against Children in the Field of Crime Prevention and Criminal Justice
(General Assembly resolution 69/194, annex)
OTHER RELEVANT UNITED NATIONS STANDARDS AND NORMS IN CRIME PREVENTION
AND CRIMINAL JUSTICE
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(General Assembly resolution 40/34, annex)
United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules) (General Assembly resolution 45/110, annex)
United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Oenders (the Bangkok Rules) (General Assembly resolution
65/229, annex)
Basic principles on the use of restorative justice programmes in criminal matters
(Economic and Social Council resolution 2002/12, annex)
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice
Systems (General Assembly resolution 67/187, annex)
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
C. Other so law
Paris Commitments to protect children from unlawful recruitment or use by armed
forces or armed groups and
Principles and Guidelines on Children Associated with Armed Forces or Armed
Groups
In these instruments, States were called upon to undertake all eorts to end the unlawful recruitment
or use of children by armed forces and armed groups.
OTHER RELEVANT RESOLUTIONS
Mainstreaming holistic approaches in youth crime prevention (Economic and Social
Council resolution 2016/18)
Technical assistance for implementing the international conventions and protocols
related to counter-terrorism (Economic and Social Council resolution 2017/17)
D. International legal and policy framework related to
terrorism
UNIVERSAL COUNTERTERRORISM INSTRUMENTS
Convention on Oences and Certain Other Acts Committed on Board Aircra
Convention for the Suppression of Unlawful Seizure of Aircra
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation
Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents
International Convention against the Taking of Hostages
Convention on the Physical Protection of Nuclear Material
Amendment to the Convention on the Physical Protection of Nuclear Material
Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation
Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
Located on the Continental Shelf
Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms Located on the Continental Shelf
ANNEX RELEVANT INTERNATIONAL LEGAL FRAMEWORK
Convention on the Marking of Plastic Explosives for the Purpose of Detection
International Convention for the Suppression of Terrorist Bombings
International Convention for the Suppression of the Financing of Terrorism
International Convention for the Suppression of Acts of Nuclear Terrorism
Convention on the Suppression of Unlawful Acts Relating to International Civil
Aviation
e Convention has not yet entered into force.
Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of
Aircra
is protocol has not yet entered into force.
Protocol to amend the Convention on Oences and Certain Other Acts Committed on Board
Aircra
is protocol has not yet entered into force.
SECURITY COUNCIL RESOLUTIONS
Security Council resolution 1373 (2001)
In this resolution, the Security Council established a framework for improved international coopera-
tion against terrorism.
Security Council resolution 1624 (2005)
In this resolution, the Security Council urged Member States to adopt measures to prevent incitement
to commit terrorist acts and recruitment into terrorist groups by countering violent extremism.
Security Council resolution 2178 (2014)
In this resolution, the Security Council condemned violent extremism and addressed the phenome-
non of foreign terrorist ghters, including their recruitment of children, and called upon all Member
States to develop rehabilitation and reintegration strategies for returnees.
GENERAL ASSEMBLY RESOLUTIONS
United Nations Global Counter-Terrorism Strategy (General Assembly resolution
60/288)
The United Nations Global Counter-Terrorism Strategy Review (General Assembly
resolution 70/291)
E. International humanitarian law
e provisions of the Geneva Conventions of 12 August 1949 cover specic aspects of the law of
armed conict. (Customary international law is binding on all States and parties to a conict.)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field, of 12 August 1949 (First Geneva Convention)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea, of 12 August 1949 (Second Geneva
Convention)
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
CHILDREN RECRUITED AND EXPLOITED BY TERRORIST AND VIOLENT EXTREMIST GROUPS: ROLE OF THE JUSTICE SYSTEM
Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949
(Third Geneva Convention)
Geneva Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949 (Fourth Geneva Convention)
e additional protocols to the Geneva Conventions supplement shortcomings of the Geneva
Conventions related to the conduct of combatants and protection of civilians. (Some of the provisions
are considered customary law, whereas others apply only to States that have ratied the protocol.)
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol I)
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed Conflicts (Protocol II)
GENERAL ASSEMBLY RESOLUTIONS
Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law (General Assembly resolution 60/147,
annex)
F. International criminal law
Rome Statute of the International Criminal Court
is treaty established the International Criminal Court and its functions, jurisdiction and structure. It
provides that the conscription or enlisting of children under the age of 15 years into armed forces or
armed groups and their use to participate actively in hostilities constitute war crimes, regardless of
whether the conict is of an international or non-international nature.
G. International refugee law
Convention relating to the Status of Refugees
e core principle of this convention is non-refoulement of refugees, which is considered a rule of
customary international law, ergo binding on all States.
1967 Protocol relating to the Status of Refugees
is protocol removed the temporal and geographical restrictions on refugee status.
ANNEX RELEVANT INTERNATIONAL LEGAL FRAMEWORK
H. Other sources of international law
United Nations Convention against Transnational Organized Crime
e Convention is the main international instrument in the ght against transnational organized crime.
It signies the recognition by Member States of the seriousness of the problems posed by such crime, as
well as the need to foster and enhance close international cooperation in order to tackle those problems.
Protocol to Prevent, Suppress and Punish Tracking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime
SECURITY COUNCIL RESOLUTIONS ON CHILDREN IN CONFLICT
Security Council resolution 1261 (1999)
Security Council resolution 1314 (2000)
Security Council resolution 1379 (2001)
Security Council resolution 1460 (2003)
Security Council resolution 1539 (2004)
Security Council resolution 1612 (2005)
Security Council resolution 1882 (2009)
Security Council resolution 1998 (2011)
Security Council resolution 2225 (2015)
SECURITY COUNCIL RESOLUTIONS ON WOMEN AND PEACE AND SECURITY
Security Council resolution 1325 (2010)
In this resolution, the Security Council called for international security institutions to address the
dierent impacts of conict on women and men and to engage women fully in conict resolution,
peacekeeping and peacebuilding.
Security Council resolution 2242 (2015)
In this resolution, the Security Council placed the women, peace and security agenda as a central com-
ponent in addressing the challenges of the new global context of peace and security, including the
challenges of rising violent extremism.
SECURITY COUNCIL RESOLUTIONS ON TRAFFICKING IN PERSONS IN ARMED
CONFLICTS
Security Council resolution 2331 (2016)
In this resolution, the Security Council condemned all acts of tracking, particularly the sale or trade
in persons undertaken by Islamic State of Iraq and the Levant” (ISIL), and recognized the importance
of collecting and preserving evidence relating to such acts in order to ensure that those responsible can
be held accountable.
Vienna International Centre, P.O. Box 500, 1400 Vienna, Austria
Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-3389, www.unodc.org
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