A/66/256 the success of the mission. The the protection of civilians as including in the context of proportionality and distinction armed actors; it is only through children can be avoided. rules of engagement of armed forces must stipulate a foremost consideration in military operations, counter-insurgency activities. The principles of must be upheld in today’s conflict settings by all respect for these principles that the victimization of 25. The Special Representative reiterates her call for the development of directives and standard operating procedures to ensure that military operations are conducted in conformity with applicable international humanitarian law and safeguard the protection of civilians, including children. During the reporting period, standard operating procedures have been developed by the Ugandan army, with the support of the Office of the Special Representative, to ensure the protection of children captured by, or in the custody of, the armed forces during operations against the Lord’s Resistance Army (LRA). The Special Representative reiterates her call to all relevant military actors, including armed forces, multinational forces and peacekeeping operations, to implement as a matter of priority the minimum set of measures highlighted in the annex to the present report. 3. Detention and prosecution of children associated with armed groups 26. States are increasingly arresting and detaining children for alleged association with armed groups. Children who are captured and placed in detention are sometimes kept in conditions which do not meet the minimum standards set out in various international legal instruments. 27. In some situations, States place children in administrative detention, rather than charging them with a criminal offence and bringing them before a court. These children are often detained for long periods without being granted access to a lawyer and without other legal safeguards being applied. Evidence abounds that, when deprived of their liberty, children are particularly vulnerable to human rights abuses, including degrading and inhuman treatment and/or acts tantamount to torture. 28. In other situations, States charge children for allegedly having committed acts during their association with an armed group that are regarded as crimes under national or international law. These children sometimes languish in prolonged pretrial detention without access to legal assistance. In addition, trials before national courts or military tribunals do not generally apply juvenile justice standards and due process safeguards. As a result, children are frequently tried without legal representation or assistance, are not accompanied by their parents or a legal guardian and do not have a clear understanding of the charges brought against them. 29. Given the often forced nature of their association with armed groups, and considering their age, children should be treated primarily as victims, not as perpetrators. Emphasis should be placed on prosecuting individuals based on the concept of command responsibility. States should also prosecute adult recruiters and commanders not only for the crime of child recruitment, but also for other crimes they may have forced children to commit. 30. The detention and prosecution of children for crimes arising from active participation in hostilities should always be a measure of last resort. Many children who are charged with such crimes may themselves have been forced or enticed to join armed groups. During their association with an armed group, children are often 11-44370 7

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