States Parties shall take all feasible measures to prevent such recruitment … including the adoption of legal measures necessary to prohibit and criminalize such practices …. 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 ….
States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary thereto and in the rehabilitation and social reintegration of persons who are victims of acts contrary thereto, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with the States Parties concerned and the relevant international organizations.
States Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing, the following acts, amongst others:. Other Instruments. Paragraph 2. Agreement between Representatives of Mr. The selection of servicemen to constitute the National Army by each party and those to be demobilized shall be carried out in the Assembly points.
Servicemen to constitute the National Army should meet the following criteria:. For all 3 categories of servicemen, a cross-check shall be made out in case of any doubt concerning personal particulars, as per criteria spelled out above. States have the primary responsibility of ensuring, without discrimination, the security and protection of all children living on their national territory, and that no territory should be used in any form for recruitment of children by armed forces or groups.
To put an end to all forms of recruitment … of children by armed forces and armed groups and … prevent all kinds of recruitment … of children in all situations;. To harmonize national legislations with regional and international instruments in order to prohibit the recruitment … of children by armed forces and armed groups, and prosecute perpetrators before competent courts.
To facilitate access of international humanitarian organisations protecting children to locations where children involved in armed conflict are gathered, as well as their work in identification, release and unconditional withdrawal of girls and boys associated with armed forces and groups consistent with national, regional and international instruments.
Military Manuals. The exception to this rule is entrants to military schools, apprentices and members of Service cadet schemes. There is a minimum voluntary recruitment age of 17 years, the exception being for entrants to military schools, apprentices and members of Service cadet schemes. All feasible measures are to be taken to ensure minors are not deployed to an area of operations.
Consistent with Article 3 of the Protocol [ Optional Protocol on the Involvement of Children in Armed Conflict], which allows for the recruitment of persons less than 18 years of age, the minimum age for recruitment into the ADF [Australian Defence Force] is 17 years of age. In addition, the recruitment of minors into the ADF must take into account the following obligations:.
However, in the law of armed conflicts, different provisions apply to children of less than 15 years and to those between 15 and 18 years. Additional Protocol I specifies that children have the right to the care and aid they require because of their age. Children who have not attained the age of 15 years must not be recruited into the armed forces, nor directly participate in hostilities.
The parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. Therefore they may not be drafted into the armed forces. This involves … not being called up for service in the armed forces or armed groups, if they are under the age of fifteen. Humanitair Oorlogsrecht: Handleiding , Voorschift No. Do not allow any person below 18 years old to take part in the armed conflict.
Children shall be considered as zones of peace and shall enjoy the protection of the State against dangers arising from an armed conflict. Children shall not be recruited or employed by the government forces to perform or engage in activity necessary to and in direct connection with an armed conflict either as a soldier, guide, courier or in a similar capacity which would result in his being identified as an active member of an organized group that is hostile to the government forces.
This article also determines that in recruiting persons between 15 and 18 years, priority shall be given to those who are the oldest. This has since been changed to a minimum age of 18 in the [ Optional Protocol to the ] Convention on the rights of the Child. When recruiting children between 15 and 18 years old into the armed forces, priority must be given to those who are the oldest.
Steps must be taken to ensure that those aged under fifteen years are not recruited into the armed forces and do not take a direct part in hostilities. Moreover, where there is recruitment of young persons aged between fifteen and eighteen years, priority is to be given to the oldest. Recent internal conflicts, particularly in West Africa, have been marked by the recruitment, arming and deployment on military missions of children, many of whom have been involved in the commission of atrocities. Such recruitment and use is a war crime under the Rome Statute.
National Legislation. Penalty for a contravention of this subsection: Imprisonment for 10 years.
Practice Relating to Rule 136. Recruitment of Child Soldiers
The Criminal Code Act also states with respect to war crimes that are other serious violations of the laws and customs applicable in a non-international armed conflict:. Criminal Code , , Article International Crimes Tribunal Act , , Section 3 2 e. Law on the Rights of the Child , , Article Criminal Code , , Article 5.
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War crimes envisaged in the [Geneva] Conventions … and in the [ Additional Protocols I and II] … , as well as in Article 8 2 f of the [ ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:.
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:. Conscripting or enlisting children under the age of fifteen years into the national armed forces …. Conscripting or enlisting children under the age of fifteen years into armed forces or groups.
Labour Code , , Article Labour Code , , Article 3. The legal age for voluntary enrolment is eighteen years minimum and thirty-five years maximum. The legal age for voluntary enrolment is eighteen 18 years minimum and thirty-five 35 years maximum. In order to guarantee respect for its commitments and to create definitively an environment that saves children from recruitments and any form of use by the armed and security forces of Chad, the present directive provides clear and precise guidelines and instructions to be respected without fault, subject to sanctions stipulated in the laws and regulations governing the armed and security forces of Chad and those relating to child protection.
The purpose of the directive is to prevent and put an end to the recruitment of children by armed forces and armed groups. It applies to the armed and security forces and the associated major formations. Child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier Article 1 of the Convention on the Rights of the Child. Any person below eighteen years of age who is or who has been recruited or used by an armed force or armed group in any capacity, including therefore but not limited to a child, girl or boy, used as fighter, cook, porter, messenger, spy or for sexual purposes.
This term does not only refer to a child who is taking or has taken a direct part in hostilities Principles and Guidelines on Children Associated with Armed Forces or Armed Groups. Law No. For strict respect of these fundamental documents of the Chadian National Army, the following implementing measures will henceforth be in place:.
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Candidates that do not have such a certificate will be recruited only after a systematic verification of their age through a medical examination, physical check and a personal interview, in case of serious doubt about their age[. A five-year term of. Law on Judicial Cooperation , , Articles 13— Penal Code , , Article In wartime or in case of direct peril to the independence and integrity of the Republic, the President may impose a military service obligation for persons who are 17 years old.
Defence Law , , Article 98 1 and 5. Criminal Code , , as amended to , Article 1. The enlistment and use of children in armed forces and groups, as well as in the police, are prohibited. The State ensures the demobilization of children enlisted or used in armed forces and groups, as well as in the police …. The National Committee to combat the worst forms of child labour has the following mission:.
Law on Child Protection , , Articles 2 1 , 53 b , 71, 81 1 — 2 and Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i. The present Law [on the obligatory military service] will be applicable to all Salvadorans between the ages of eighteen and thirty, without distinction … , and if necessary to all Salvadorans able to engage in military tasks. It will also apply to minors between the ages of sixteen and eighteen when they voluntarily request to engage in military service, in accordance with this law.
Military Service Law , , as amended to , Article 2.
Salvadorans over the age of sixteen may voluntarily present to the General Direction for Recruitment … a request to provide military service, and the above-mentioned General Direction will accept them in conformity with the needs of the service. Military Service Law , , as amended to , Article 6. Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:. Criminal Code , , as amended in , Chapter 11, Section 5 1 5.
This provision constitutes no obstacle to the voluntary enlistment of children over the age of fifteen years. Penal Code , , as amended in , Article Criminal Code , , Article d. International humanitarian law. In case of armed conflict, boys, girls and adolescents have the right not to be recruited and that the State respects and ensures compliance with the applicable norms of international humanitarian law. The State shall adopt all possible measures to ensure that persons below the age of eighteen … are not recruited for military service under any circumstances.
Law on the Protection of Childhood and Adolescence , , Article No Child under the age of 18 shall … be recruited into the Armed Forces or into an armed group. Officials in the public or private sector shall incur aggravated criminal responsibility if they are found guilty of causing serious bodily or mental harm to these children. Geneva Conventions Act , , as amended in , Section 4 1 and 4. Military Service Law No. All Lao citizens who are men of 18 to 28 years of age and in good health must join the army as conscripts. Women of 18 to 23 years of age may also be conscripted into the army in the event of necessity.
Each year, village heads must list the persons who fully turn 17 within their respective villages, and then send the list to the relevant district military command in order to prepare [such persons] to be conscripts.
The Ministry of National Defence shall determine the number of persons to be conscripted into the army every year. Each year on January 20, each district military command will notify men who are 18 years of age or older and who have already been listed, to present themselves to such district military command within a period of no more than 20 days commencing on the date they are notified. Women, if called, also have to present themselves to the [relevant] district military command.
The term of service as conscripts is two years starting from the date of recruitment by the relevant district military command. Conscripts who wish to volunteer to serve further as regular soldiers in the army have the right to state their objective to the military commander to whom they are attached no later than three months prior to the completion of their term of service as conscripts.
The reserve forces consist of those who have undergone national defence as conscripts, those who have resigned as regular soldiers, and persons who have not served as conscripts or regular soldiers and who are of 18 to 50 years of age and have good health. Law on National Defence Obligations , , Articles 3—6, 7 2 , 10, 14 and National Service Act , , Article 4.
Persons below the age of 18 may be appointed as apprentices, but they are not considered as recruits and are therefore not subjected to service law. Armed Forces Act , , Section Penal Code , , Article 31 i All Mozambican citizens between 18 to 35 years of age are under a duty of military service and [to fulfil the] military obligations arising therefrom. In time of war the ages for the fulfilment of military obligations may be altered by law. Law on Military Service , , Article 2.