
doi: 10.2139/ssrn.6284018
Recently, non-State organized armed groups with blurring military and non-military wings are increasingly active, bringing legal uncertainty to the law of targeting in non-international armed conflicts (NIACs). This paper aims to specify existing discussions to the child members of these groups. It establishes an analytical framework that centres around Common Article 3(1) as the primary governing rule, where the best interest of the child principle is systematically integrated to assist the understanding of ‘person taking (no) active part in the hostilities’ and ‘humane treatment’ as the two core concepts for the interpretation of the paragraph. The best interest of the child principle provides general guidance of interpretation that special protection shall always be granted to fighter and non-fighter child members. Under the first concept, child members are presumably unlawful targets in case of doubt of their fighter status. Under the second concept, when assessing the effect of an attack, collateral damages to non-fighter child members shall be less tolerated than adult members or ordinary civilians. Admittedly, relevant conclusions are the result of interpretive techniques, and the first sept towards clear legal rules for the issue would be public awareness of the diversified suffers of these child members, including girl members.<br>
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