Summary: Key Rules Regarding Child
Civilians and Child Soldiers
Customary rules of international humanitarian law (IHL) and/or human
rights law—in this Section (1)—apply to children (and adults) in conflict
situations, in addition to the more detailed specific rules regarding child
civilians and child soldiers in situations of armed conflict (Sections (2) and
(3) below). In general, IHL rules apply in situations of armed conflict, and
human rights rules apply in situations that are not categorised as such (eg
internal security operations), although these two bodies of law sometimes
overlap. It is therefore important to note that in all conflict situations and
security operations at least the basic human rights principles apply, to chil-
dren as well as adults—until the threshold is crossed to IHL application.
* A guiding human rights norm regarding children is that they are, as children, entitled to special treatment. The term 'special treatment' here has a positive construction, meaning the entitlement of children to additional assistance and protection.
* The entire 1989 CRC2 can be seen as a detailed expression of the principle that children are entitled to special treatment, and it applies in all situations, including armed conflict.
* As regards general human rights law applicable to all persons, both adult and child, the 'right to life' is of primary importance, including in conflict situations (see eg, Article 6, 1989 CRC). This right can be more accurately described as the right not to be arbitrarily deprived of life.