CRC/C/GC/24
human shields; abduction; sale; trafficking; sexual exploitation; child marriage; being used
for the transport or sale of drugs; or being exploited to carry out dangerous tasks, such as
spying, conducting surveillance, guarding checkpoints, conducting patrols or transporting
military equipment. It has been reported that non-State armed groups and those designated
as terrorist groups also force children to commit acts of violence against their own families
or within their own communities to demonstrate loyalty and to discourage future defection.
99.
The authorities of States parties face a number of challenges when dealing with these
children. Some States parties have adopted a punitive approach with no or limited
consideration of children’s rights, resulting in lasting consequences for the development of
the child and having a negative impact on the opportunities for social reintegration, which in
turn may have serious consequences for the broader society. Often, these children are
arrested, detained, prosecuted and put on trial for their actions in conflict areas and, to a lesser
extent, also in their countries of origin or return.
100. The Committee draws the attention of States parties to Security Council resolution
2427 (2018). In the resolution, the Council stressed the need to establish standard operating
procedures for the rapid handover of children associated or allegedly associated with all nonState armed groups, including those who committed acts of terrorism, to relevant civilian
child protection actors. The Council emphasized that children who had been recruited in
violation of applicable international law by armed forces and armed groups and were accused
of having committed crimes during armed conflicts should be treated primarily as victims of
violations of international law. The Council also urged Member States to consider nonjudicial measures as alternatives to prosecution and detention that were focused on
reintegration, and called on them to apply due process for all children detained for association
with armed forces and armed groups.
101. States parties should ensure that all children charged with offences, regardless of the
gravity or the context, are dealt with in terms of articles 37 and 40 of the Convention, and
should refrain from charging and prosecuting them for expressions of opinion or for mere
association with a non-State armed group, including those designated as terrorist groups. In
line with paragraph 88 of its general comment No. 20, the Committee further recommends
that States parties adopt preventive interventions to tackle social factors and root causes, as
well as social reintegration measures, including when implementing Security Council
resolutions related to counter-terrorism, such as resolutions 1373 (2001), 2178 (2014),
2396 (2017) and 2427 (2018), and General Assembly resolution 72/284, in particular the
recommendations contained in paragraph 18.
Customary, indigenous and non-State forms of justice
102. Many children come into contact with plural justice systems that operate parallel to
or on the margins of the formal justice system. These may include customary, tribal,
indigenous or other justice systems. They may be more accessible than the formal
mechanisms and have the advantage of quickly and relatively inexpensively proposing
responses tailored to cultural specificities. Such systems can serve as an alternative to official
proceedings against children, and are likely to contribute favourably to the change of cultural
attitudes concerning children and justice.
103. There is an emerging consensus that reforms of justice sector programmes should be
attentive to such systems. Considering the potential tension between State and non-State
justice, in addition to concerns about procedural rights and risks of discrimination or
marginalization, reforms should proceed in stages, with a methodology that involves a full
understanding of the comparative systems concerned and that is acceptable to all
stakeholders. Customary justice processes and outcomes should be aligned with
constitutional law and with legal and procedural guarantees. It is important that unfair
discrimination does not occur, if children committing similar crimes are being dealt with
differently in parallel systems or forums.
104. The principles of the Convention should be infused into all justice mechanisms
dealing with children, and States parties should ensure that the Convention is known and
implemented. Restorative justice responses are often achievable through customary,
indigenous or other non-State justice systems, and may provide opportunities for learning for
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