Optional Protocol On The Involvement of Children in Armed Conflict - ICRC Commentary

ICRC Commentary

The sentence "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities" was adapted from Article 77.2 of the Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977, with an alteration from fifteen years to eighteen years and some other minor modifications. ("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 a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.")

The ICRC commentary on Protocol I makes clear that it does not require a complete ban on the use of children in conflict. The ICRC had suggested that the Protocol require parties to "take all necessary measures;" however, the final text instead uses the wording "take all feasible measures" which is not a total prohibition on their doing so. Furthermore, refraining from recruiting children under fifteen does not exclude children who volunteer for armed service. During the negotiations over the clause "take a part in hostilities," the word "direct" was added opening up the possibility that child volunteers could be involved indirectly in hostilities, gathering and transmitting military information, helping in the transportation of arms and munitions, provision of supplies, etc.