By Fiona Ang
This quantity constitutes a observation on Article 38 of the United international locations conference at the Rights of the kid. it's a part of the sequence, A observation at the United international locations conference at the Rights of the kid, which gives an editorial through article research of all major, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, via an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes a necessary device for actors within the box of children’s rights, together with lecturers, scholars, judges, grassroots employees, governmental, non- governmental and overseas officials. The sequence is backed via the Belgian Federal technology coverage workplace.
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Extra resources for Commentary on the United Nations Convention on the Rights of the Child: Article 38 Children in Armed Conflicts (Commentary on the United Nations Convention on the Rights of)
Pilloud, J. De Preux, Y. c. (note 157), p. 1400. 230 G. c. (note 158), p. 334. 231 A. ’, The International Journal of Children’s Rights 8, No. 1, 2000, p. 51. 232 S. c. (note 162), p. 509. 233 Cf. infra Sections 4 and 5. 234 S. c. (note 162), p. 513. J. Dennis, ‘Newly Adopted Protocols to the Convention on the Rights of the Child’, American Journal of International Law, 2000, p. 791. 236 S. c. (note 6), p. 653. 237 S. c. (note 162), p. 513. 225 226 38 CHAPTER THREE 62. It is true that the ICRC’s proposal, only containing ‘participation in hostilities’, was modified by the States that drafted Article 77§2 of AP1 into ‘direct participation in hostilities’.
Supra No. 19 for a listing of IHL instruments. c. (note 123), p. 125. 129 Article 1§1 of the AP2. 130 Cf. infra No. 30. 131 Article 1§2 of the AP2. g. the non-existence of ‘grave breaches’ (triggering universal jurisdiction) in AP2. Cf. 126 22 CHAPTER THREE 29. Luckily enough, non-international armed conflicts are not only regulated by AP2. In any ‘armed conflict not of an international character’, common Article 3 of the 1949 Geneva Conventions is applicable. Compared to AP2, this ‘mini-treaty within a treaty’133 accords even fewer guarantees to the individuals to which it applies—which is of course still better than nothing.
But, with a view to the emphases a regional human rights instrument can put on certain issues of particular importance to the region, it is very unfortunate that the AU has not chosen to prohibit all types of participation by children. 253 This actually confirms the common image most people have when thinking about ‘the child soldier’: a black boy with empty eyes and a big gun. 256 A little bit more well-known, is the horror of girls being the ‘wife’ of the commanders. But next to this activity they also have a significant role in ‘other supporting activities’ that do not receive any media attention,257 ICTR, Prosecutor v.