The changing nature of conflict

The emerging challenges for the protection of children must be understood in the context of changing characteristics of armed conflict and their consequences for children.

1. Terrorism and counter-terrorism

Both terrorist actions and counter-terrorism measures have had a deep impact on children. Terrorist attacks disproportionately target civilians in hitherto sacrosanct locations, such as schools, hospitals and other public spaces. Children are also increasingly being used to perpetrate these attacks, even as suicide bombers in some locations.

As a result, anti-terrorism measures often also target children, including through arrest and detention of children suspected of having links to terrorist organizations. Many of these children are detained in violation of international standards of juvenile justice. Precision aerial bombardment and other types of military operation also result in what is termed "collateral damage" and children are often the victims.

International humanitarian law is built on two fundamental concepts: one is the separation of combatants from civilians and the second is the doctrine of proportionality in the use of force. It is crucial that the international community reaffirm those principles which have been developed over the centuries for the protection of women and children.

2. Diversity of armed actors

The character of armed actors is increasingly more diverse and difficult to define. Those include government forces, rebel groups, paramilitary and proxy forces etc. Quite often there is a grey area where political motivations coincide with criminal activities depending on the specific time and circumstances.

For the Special Representative it remains crucial to engage in child protection dialogue with all parties to conflict. However, where non-State parties are concerned, the Special Representative has consistently maintained that this should be without prejudice to their political or legal status and with the agreement of the Governments concerned. Non-State actors are bound by the rules of conduct of war as articulated by the Geneva Conventions and other international legislation such as the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and as such must be held accountable to international standards for the protection of children.

3. Political motivation, criminality and asset wars

Closely related to the gray area in which criminality and politically motivated action intersect is the phenomenon of asset or resource wars, where conflict often revolves around the control of natural resources. Beyond conscription as soldiers and other categories of grave violations, children may also be forced to labour in mining activities or be exposed to criminal networks engaged in child trafficking.

4. Availability of small arms and effect of cluster munitions and landmines

Evidence points to the fact that the widespread and ready availability of small arms and light weapons fuels and exacerbates conflict. Compelling evidence exists of the direct correlation between the increased use of children in conflict and the ready availability of small arms, which are easy even for the youngest children to manipulate and master.

5. Sexual violence as a weapon of war

The rape and sexual violation of children and women is increasingly a characteristic of conflict. The stigmatization of victims of sexual violence, which often leads to their being ostracized or marginalized, requires comprehensive community-level interventions for affected girls and boys.