The Legal Status of Children in Terrorism.pdf

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THE
LEGAL
STATUS
OF
CHILDREN
IN
TERRORISM:
PHILIPPINE
PROCESSES
AND
PRACTICES
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2022 crtgroup.org

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© 2022 CRTG Working Group
Working Group on Children Recruited by Terrorist and Violent Extremist Groups
Web: crtgroup.org
EX POST PAPERS
DECEMBER 2022
ABOUT CRTG WORKING GROUP
The premier international nonpro
fi
t organization dedicated to protecting the rights and well-being of children at risk, victims and
survivors of terrorist recruitment and use. The CRTG Working Group existence and work is both critical and groundbreaking for
children affected by terrorism and to withstand the intergenerational perpetuation of terrorist cycles of violence.
ABOUT THIS EX POST PAPER
On December 19, 2022, the CRTG Working Group hosted an Expert Brie
fi
ng on The Legal Status of Children in Terrorism: Philippine
Processes and Practices by Ms. Tricia Clare Oco, Executive Director of the Juvenile Justice and Welfare Council, Department of Social
Welfare and Development of the Philippines. The purpose of this paper is to offer a series of recommendations to guide the efforts
of policymakers and justice professionals in determining the legal status of children as well as the applicable legal frameworks and
intervention measures. This guidance is the result of shared insights, lessons learned, practical examples, and policy
recommendations from the joint meeting between the CRTG Working Group and Ms. Oco.
LICENSING AND DISTRIBUTION
CRTGWorking Group publications are distributed under the terms of the Creative Commons Attribution-Non Commercial No Derivatives
License, which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly
cited, and is not altered, transformed, or built upon in any way.
This report was written by Cecilia Polizzi
Founder, President and Chief Executive O
ffi
cer
CRTG Working Group

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07 LEGAL STATUS DETERMINATION
09 VICTIM STATUS
14 DUAL STATUS
16 CHILDREN IN CONFLICT WITH THE LAW
19 REHABILITATION AND REINTEGRATION
20 LEGISLATION
23 GENERAL RECOMMENDATIONS
TABLE
OF
CONTENTS

INTRODUCTION
On December 19, 2022, the CRTG Working Group hosted an Expert Brie
fi
ng on The Legal Status of Children in Terrorism:
Philippine Processes and Practices by Ms. Tricia Clare Oco, Executive Director of the Juvenile Justice and Welfare Council
(JJWC), an attached agency of the Department of Social Welfare and Development of the Philippines. The use of children
in hostilities is not a new phenomenon. Nearly 20 years ago, the Graca Machel Report brought to international attention
1
the extent and consequences of the recruitment and use of children by armed forces and armed groups. Even today, the
recruitment of children largely takes place in situations of con
fl
ict, though terrorist and violent extremist groups are by
no means the only ones perpetrating such grave violations against children. The involvement of children with terrorist
2
and violent extremist groups entails, however, numerous new challenges for states. Terrorist and violent extremist
organizations recruit and use children in a multitude of ways, including for the perpetration of terrorism and related
offenses and severe acts of violence under international law. The alleged involvement of children with terrorism and
related activities raises fundamental questions in relation to their legal status, and the frameworks, procedures, and
authorities that these children should be subjected to, calling for appropriate and coordinated responses. The underlying
concern, which was at the core of the present session, is how to determine the status and treatment of children involved
with terrorist and violent extremist actors who come into contact with the justice system while preserving public safety
and upholding child rights.
Terrorism is a major, well-entrenched, and diversi
fi
ed threat in the Philippines. In 1995, approximately 200 Islamist
militants, believed to be part of the Abu Sayyaf Group (ASG), ransacked the city of Ipil in Mindanao, looting banks, setting
fi
re to buildings, and killing more than 50 people, before making off with more than half a billion pesos and numerous
hostages. Twenty-two years later - an ISIS-inspired group founded by the Maute brothers laid siege to the much larger
3
city of Marawi, located some 300 kilometers east, for a period of
fi
ve months. By the time security forces
fi
nally defeated
them, over a thousand people had been killed, hundreds of thousands of people had been displaced, and the city lay in
ruins. Reportedly, children had taken part in the confrontations, and a number of foreign children, allegedly recruited by
4
Machel, Graca. “Graça Machel and the Impact of Armed Con
fl
ict on Children – O
ffi
ce of the Special Representative of the Secretary-General for Children and
1
Armed Con
fl
ict.” United Nations. United Nations, August 26, 1996. https://digitallibrary.un.org/record/223213?ln=en
UNODC. Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System, 2017.
2
Soliven, Max V. “How Easily We Forget What the ABUS and MILF Can Do: Remember Ipil?” Philstar.com. Philstar.com, March 6, 2002. https://www.philstar.com/
3
opinion/2002/03/06/152845/how-easily-we-forget-what-abus-and-milf-can-do-remember-ipil.; See also Press. “World News Briefs; Filipino Troops Corner
Rebels after Attack (Published 1995).” The New York Times. The New York Times, April 7, 1995. https://www.nytimes.com/1995/04/07/world/world-news-briefs-
fi
lipino-troops-corner-rebels-after-attack.html.
Decades earlier, a group calling itself the ‘Mindanao Revolutionary Council for Independence’ had taken control over Marawi in 1972 from October 21-24. See also
4
Luga, Alan R. “Muslim Insurgency in Mindanao, Philippines.” Thesis, BiblioScholar, 2012. See also Graphics, Reuters. “Battle for Marawi.” Reuters. Accessed
January 31, 2023. http://
fi
ngfx.thomsonreuters.com/gfx/rngs/PHILIPPINES-ATTACK/010041F032X/index.html.

4

ISIS, had been killed. However, the paucity of data regarding these children challenged veri
fi
cation. However, ASG is just
5
one of many armed groups that the region has had to contend with over the years, and—like ASG—many have proven to
be resilient, sometimes even resurgent, in the face of strenuous efforts to defeat them. Children are recruited and used
6
in a multitude of roles by various insurgent and terrorist organizations in certain Mindanao regions, such as the
Bangsamoro Autonomous Region of Moslem Mindanao (BARRM), Soccsksargen, and Zamboanga Peninsula.
In recent years, as a response to an increase in the recruitment of children by non-state armed groups, including
designated terrorist organizations, legislators have passed laws against children’s military involvement, as well as for
the rehabilitation and protection of children in con
fl
ict. The Special Protection of Children in Situations of Armed
Con
fl
ict Act provides special protection to children in situations of armed con
fl
ict from all forms of abuse while
7
outlining procedures to rehabilitate and reintegrate children into society. The bill echoes the provisions of international
law regarding the protection, treatment, and rehabilitation of children involved in con
fl
ict.8
The CRTG Working Group equips policymakers, professionals, and practitioners with the tools necessary to understand
and respond to violence against children in terrorism. We build support for good governance that enables child
protection against terrorism. We engage directly with a range of stakeholders to seek and share information, build
awareness, and encourage positive action for children. The aim of this expert brie
fi
ng was to explore good practices,
highlight examples from the Philippines, and offer a series of recommendations to guide the efforts of policymakers
and justice professionals in determining the legal status of children as well as the applicable legal frameworks and
intervention measures. Although it is generally understood that the recruitment and use of children, regardless of the
circumstances and methods employed, constitutes a breach of international law, due to the strategies employed by
terrorist and violent extremist groups, children may end up being the perpetrators of crimes, including terrorism and
terrorism-related offenses. This expert brie
fi
ng sought to respond to the following questions:
1. Should the recruitment of a child by a terrorist or violent extremist group determine that the legal status of the child
is that of a victim? And if so, would the child’s victim status exonerate the child from being held criminally liable for the
commission of terrorism-related offenses?9
2. In addition to being considered a victim, is it possible to hold the child accountable for the terrorism-related offense
that he or she has allegedly committed? Can a child be both a victim and a perpetrator? How should children be treated
Yusa, Zam. “Philippines Military Photos Show Children among ISIS Foreign Fighters Killed in Marawi.” The Defense Post, November 8, 2018. https://
5
www.thedefensepost.com/2018/10/25/philippines-children-isis-foreign-
fi
ghters-marawi-photos/.; See Al Jazeera English, 2017. https://www.youtube.com/
watch?v=8cdEag3cD6M.
Sam Mullins, Twenty-
fi
ve Years of Terrorism and Insurgency in Southeast Asia in Hindsight, Insight, Foresight: Thinking About Security in the Indo-Paci
fi
c, ed.
6
Alexander L. Vuving, Published in September 2020 by the Daniel K. Inouye Asia-Paci
fi
c Center for Security Studies, ISBN: 978-0-9773246-6-8.
Republic Act No. 11188 2018:1.
7
“Philippines: Amend Draft Law on Child Soldiers.” Global Coalition to Protect Education from Attack. Accessed January 31, 2023. https://
8
protectingeducation.org/news/philippines-amend-draft-law-on-child-soldiers/.; See also, Morales, K.A. 2022. The rights of Filipino children in armed con
fl
ict:
re
fl
ections on international and national legal frameworks. Society Register. 6, 1 (Mar. 2022), 69–84. DOI:https://doi.org/10.14746/sr.2022.6.1.04.
Ibid at 2.
9

5

when in contact with the justice system? Which authorities have the competence to deal with such children? What
procedures should be applied?10
This guidance is the result of shared insights, lessons learned, practical examples, and policy recommendations from
the joint meeting between the CRTG Working Group and Ms. Oco. It is divided into the following seven sections: legal
status determination; victim status; dual status; children in con
fl
ict with the law; legislation; rehabilitation and
reintegration; general recommendations.
Ibid.
10

6

LEGAL STATUS DETERMINATION
01. Recommendation: Identify and consider all factors impacting child decision-making
processes in determining the legal status of children in a counter-terrorism context.
Child recruitment by terrorist and violent extremist groups and indoctrination or radicalization to violent extremism
remain high on the counterterrorism agenda. Much of the discourse to date has focused on the dual status of children
involved in terrorism-related offenses, the need to treat such children primarily as victims, and the need to extend the
full panoply of protections to children involved with the justice system in connection with their suspected involvement
in the commission of terrorism-related offenses. Determining the legal status of children alleged offenders of
11
terrorism and related offenses remains a key challenge facing justice professionals. Under international law, children
recruited and used by terrorist and violent extremist organizations are considered to be primarily victims. However, in
practice, the status of children as victims is not recognized due to misconceptions about the implications of the child’s
“consent” to a recruitment process. The CRTG Working Group holds that no child recruitment process can be regarded
truly as voluntary owing to the forms of coercion and in
fl
uence used in recruitment methods and in view of the child´s
age and his or her evolving capacities. Recognizing the status of children as victims does not imply that children are
never responsible for their actions. It rather implies that the formation of rational choice in children may be
12
in
fl
uenced, guided or shaped by their evolving cognitive capacities, development and enhanced disregard for risks and/
or prowess to risk-taking behavior. As such, any undertaking of violent action by children is driven by factors that
fundamentally differ from those of adult offenders, and all responses to children in con
fl
ict with the law in a counter-
terrorism context, albeit non-exclusively, are to be thoroughly identi
fi
ed and accounted for. In addition, the very
susceptibility to indoctrination to violent extremist ideology in the process of identity formation that makes children
more malleable material for violent radicalization also creates a window of opportunity for treatment.
02. Recommendation: Consider the introduction of statutory provisions for the
presumption of child status in conjunction with supporting regulations stipulating the
procedure for age estimation analysis and ensuring accurate review and validation of age
estimation procedures.
Irina Urumova, The Investigation and Prosecution of Children in a Counter-Terrorism Context, CRTG Working Group Expert Brie
fi
ng Series, July 2022.
11
The rational choice theory offers an explanation of crime and delinquency and holds an utilitarian belief that an individual is a reasoning actor who weights
12
means and ends, costs and bene
fi
ts, and makes a rational choice.

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Justice professionals are responsible for determining whether a juvenile is above or below the Minimum Age of Criminal
Responsibility (MACR). However, age determination may be hampered by the non-availability of birth certi
fi
cates and
other documentation. Whereas the evidence presented is inconclusive and fails to substantiate age determinations,
13
the child or juvenile should be afforded the bene
fi
t of the doubt and not be held responsible for the commission of
14
offenses. With the aim of ensuring the application of the juvenile justice system to children, the introduction of
statutory provisions for the presumption of child status and the enactment of supporting regulations stipulating the
procedure for age estimation processes are recommended. In determining whether a child has reached the minimum
15
age of criminal responsibility, justice professionals may consider focusing on a set of criteria that re
fl
ects the
psychological, emotional, and social development stages of children. Additionally, an assessment focused on
developmental progress can also help approximate the child´s age and developmental interruptions that would need to
be accounted for in any proceeding, as well as case plans and interventions.
Highlighted Example
The Philippines has set the minimum age for criminal responsibility at 15 years. The age of a child may be
determined from the child’s birth certi
fi
cate, baptismal certi
fi
cate, or any other pertinent documents. In the
absence of these documents, age may be based on information from the child, the testimony of other persons, the
physical appearance of the child, and other relevant evidence. In appropriate cases, the Philippine authorities also
employ dental examinations of suspected children to provide an approximate age range for the suspected child. In
the event of a doubt about the child's age, authorities must assume the child is under the age of criminal
responsibility. Although the law established only one system of minimum age of criminal responsibility in the
Philippines, children who, at the time of the commission of the crime, are still within the minimum age of criminal
responsibility or at least 15 years old, may still be exempted if they are assessed to have acted without
discernment. Discernment is initially assessed by the social worker using the Discernment Tool and con
fi
rmed by
16
the judge. The consideration of discernment is in keeping with the child’s development and evolving capacity.
Leah Selim, What is birth registration and why does it matter? Without legal proof of identity, children are left uncounted and invisible, UNICEF, n.d. https://
13
www.unicef.org/stories/what-birth-registration-and-why-does-it-matter.
United Nations Committee on the Rights of the Child, General Comment No. 24 (2019), § 34; United Nations Committee on the Rights of the Child, General
14
Comment No. 24 (2019), § 24.
The International Institute for Justice and the Rule of Law, I
IJ
Juvenile Justice Note for Investigators, n.d. https://www.thei
ij
.org/wp-content/uploads/
15
2022/02/I
IJ
_JuJu_Investigators-Note_ENG_Final-1.pdf.
“Guidelines for Social Workers in the Handling and Treatment of Children in Con
fl
ict with the Law.” Republic of the Philippines Department of Social Welfare
16
and Development. Accessed January 31, 2023. https://www.dswd.gov.ph/issuances/AOs/AO_2007-010.pdf.

8

VICTIM STATUS
03. Recommendation: Children recruited and used by terrorist and violent extremist actors
shall be considered and treated primarily as victims of crime.
Recruitment and use of children under the age of 15 is prohibited by the Convention on the Rights of the Child and the
17
Additional Protocols to the Geneva Conventions. The rule that children must not be recruited into armed forces or
18
armed groups and that children must not be allowed to take part in hostilities is considered customary international
law, applicable in both international (IACs) and non-international armed con
fl
icts (NIACs), and to armed forces and
19 20
non-State armed groups, including designated terrorist organizations. The bans on recruitment of children below the
age of 15 enshrined in Article 77 of Additional Protocol I and in Article 4 of Additional Protocol II are also considered to
prohibit accepting voluntary enlistment. In IACs, the prohibition covers direct participation in hostilities, while in NIACs,
21
it covers any type of participation in hostilities. In both IACs and NIACs, these terms (“direct participation” and
“participation”) are understood more broadly than the term “direct participation in hostilities,” as it is used in the
22
language of the rule governing the conduct of hostilities, which deprives civilians of protection against attacks. Article
38(3) of the Convention on the Rights of the Child, prohibiting the recruitment of children below the age of 15, is similarly
interpreted as banning the voluntary enlistment of such children and, hence, completely outlawing child soldiers. The
Optional Protocol to the Convention on the Rights of the Child differentiates between states and non-state armed
23
groups in setting the age limit for recruitment and use in hostilities. For states, the age limit for direct participation in
hostilities and for compulsory recruitment is 18. This means they can accept voluntary enlistment of persons between
the ages of 15 and 18. Armed groups, including designated terrorist organizations, are bound by a stricter prohibition,
affecting both voluntary and compulsory recruitment of under-18s. Under the Statute of the International Criminal
Court, conscripting or enlisting children into armed forces or groups constitutes a war crime in both international and
non-international armed con
fl
icts. The recruitment and use of children is a grave violation of the rule of law and
24
constitutes a serious form of violence against children (VAC) that entails the victimization of the child concerned,
Convention on the Rights of the Child, (Nov. 20, 1989).
17
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Con
fl
icts (API), 8 June 1977;
18
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Con
fl
icts (APII), 8 June
1977.
“International Armed Con
fl
ict | How Does Law Protect in War? - Online Casebook.” International Committee of the Red Cross. Accessed January 31, 2023.
19
https://casebook.icrc.org/glossary/international-armed-con
fl
ict.
“Non-International Armed Con
fl
ict | How Does Law Protect in War? - Online Casebook.” International Committee of the Red Cross. Accessed January 31, 2023.
20
https://casebook.icrc.org/glossary/non-international-armed-con
fl
ict.
fl
icts, Art. 77 (2); Protocol
21
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Con
fl
icts Art. 4(3)(c).
ICRC. “Direct Participation in Hostilities | How Does Law Protect in War? - Online Casebook.” International Committee of the Red Cross. Accessed January 31,
22
2023. https://casebook.icrc.org/glossary/direct-participation-hostilities.
United Nations General Assembly, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed con
fl
ict, A/RES/
23
54/263C.N.1031.2000, 25 May 2000.
Rome Statute. Article 8(2)(b)(xxvi) and (e)(vii).
24

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regardless of the formal terrorism designation of the perpetrator and the means and methods employed. The status
25
of children as victims must therefore be recognized and preserved. It is the primary responsibility of states to ensure
that the rights of children are promoted, protected, and ful
fi
lled and to provide recourse, both in law and practice, to
26
obtain a remedy to cease, prohibit, and/or compensate for the violation. Failing to deliver redress to a child for a human
rights violation re
fl
ects dysfunctionality in the legal system and symbolizes a societal shortcoming regarding children
as rights-bearers. In 2003, the United Nations Committee on the Rights of the Child stated in its General Comment No.
27
5 that “for rights to have meaning, effective remedies must be available to redress violations.” More recently, access to
28
justice for children gained further attention at the UN’s 2014 Human Rights Council discussion day on the topic, resulting
in the Human Rights Council’s unequivocal resolution that “every child whose rights have been violated shall have an
effective remedy.” To consider and treat children recruited and used by terrorist and violent extremist groups as
29
victims means that there is a need to protect, respect, and ful
fi
ll child rights, regardless of their alleged involvement in
terrorism-related or other criminal offenses as perpetrators or of the alleged risk they may pose in committing future
terrorism-related offenses. It is highly important to ensure that efforts are made to prevent the secondary victimization
of these children within the justice system.
Best Practice
The Government of the Philippines passed the Special Protection of Children in Situations of Armed Con
fl
ict Act.30
The Act seeks to strengthen protection mechanisms for children involved in, affected by and displaced by armed
con
fl
ict, as well as to sustain the operationalization of a system of monitoring, reporting, and response to grave
child rights violations. It stipulates that children in situations of armed con
fl
ict shall be considered victims and
31
“They shall be treated in accordance with this Act and other applicable laws, consistent with the state obligations
under international law, within the framework of restorative justice, social rehabilitation, and promotion of their
protection.” The treatment of children as victims applies insofar as their status as members, recruits, or
32
a
ffi
liates of armed groups is concerned. The Act also declares children as “zones of peace” providing special
protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other
conditions prejudicial to their development; providing sanctions for their commission; and carrying out a program
for prevention, deterrence and crisis intervention in situations of child abuse, exploitation, and discrimination. In
33
addition, the Act stipulates that the “State and all sectors concerned shall have the responsibility to resolve armed
con
fl
ict in order to promote the goal of children as Zones of Peace.” It absolutely prohibits the recruitment of all
“Children Recruited by Armed Forces or Armed Groups.” UNICEF, December 10, 2022. https://www.unicef.org/protection/children-recruited-by-armed-forces.
25
“International Human Rights Law.” OHCHR. Accessed January 31, 2023. https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-
26
law.
Child Rights International Network. Rights, Remedies & Representation. https://archive.crin.org/sites/default/
fi
les/crin_a2j_global_report_
fi
nal_1.pdf.
27
UN Committee on the Rights of the Child (CRC), General comment no. 5 (2003): General measures of implementation of the Convention on the Rights of the
28
Child, 27 November 2003, CRC/GC/2003/5, available at: https://www.refworld.org/docid/4538834f11.html [accessed 31 January 2023].
United Nations Human Rights Council, Resolution on the Rights of the Child: Access to justice, A/HRC/25/L.10, 25 March 2014.
29
Ibid at 7.
30
Consolacion Salcedo, Council for the Welfare of Children, Enactment of RA 11188 and Issuance of its Implementing Rules and Regulations (IRR). https://
31
cwc.gov.ph/news/178-enactment-of-ra-11188-and-issuance-of-its-implementing-rules-and-regulations-irr.html.
Chapter II, Section 7c, Republic Act No. 11188, An Act Providing for the Special Protection of Children in Situations of Armed Con
fl
ict and Providing Penalties for
32
Violations Thereof, House of Representatives and the Senate on October 10, 2018.
Article X, Section 22 of Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and
33
Discrimination, Providing Penalties for its Violation, and for Other Purposes. June 17, 1992.

10

children into armed forces or armed groups. It covers all children below the age of 18 and does not distinguish
between children above and below the age of 15 or whether the child joined voluntarily or involuntarily.
04. Recommendation: Ensure that adequate assistance is provided to children recruited
and used by terrorist and violent extremist actors.
Victimization has harmful effects on adults. In the case of children, it can have far-reaching effects on their
psychological development, on relationships with caregivers, siblings, and peers, on their ability to learn, and so forth.
The recruitment and use of children by terrorist actors is inhumane. Children are exposed to systematic abuses
including mass abductions, intimidation, threats, sexual exploitation, and sexual slavery and are actively used in military
operations as infantry soldiers, human shields, executioners, or suicide bombers. Experiencing or witnessing extreme
34
violence and sexual abuse has long-term consequences on the development of children, impairing personal, intellectual
and social development and leaving survivors severely traumatized. Abuse at the hands of terrorist actors destroys
children’s childhood and has an incapacitating effect on their lives as adults. In order to prevent or mitigate these
consequences as much as possible and favor the harmonious development of the child and their positive role within
society, proper assistance to child victims is required as early as possible after the offense. In the case of a child who is
distressed or traumatized, every step should be taken to enable the child to enjoy healthy development. Depending on
the child’s speci
fi
c needs, this assistance may consist of
fi
nancial, legal, counseling, health, social, or educational
services, physical and psychological recovery services or other services necessary for the child’s rehabilitation and
reintegration. Depending on the context and culture, assistance can take different forms. Whereas in developed
35
societies the usual way to offer assistance is through public services, in many developing contexts, family, community,
and other forms of social support may be more culturally accepted and appropriate. In many countries, specialized
services for victims, including child victims, may simply not exist. In such settings, psychosocial support can be offered
by community-based and non-governmental organizations, as well as by teachers or other community members who
play a supportive and educational role with children. This support should continue throughout the justice process in
order to mitigate the secondary victimization of the child and the reactivation of the distressing experience. It should
be maintained after the conclusion of the proceedings and for as long as the child may require it. The implementation
of the right of child victims to assistance implies both measures of general assistance aimed at favoring the child´s
36
harmonious development and measures of speci
fi
c assistance in relation to his or her involvement in the justice
process.37
Cecilia Polizzi, 14th United Nations Congress on Crime Prevention and Criminal Justice, Ancillary Meeting “Violence Against Children Recruited by Terrorist and
34
Violent Extremist Groups: The Cycle of Victimization” Available at https://www.youtube.com/watch?v=XEeOVUrVUdU.
UNODC, Handbook for Professionals and Policymakers on Justice in matters involving child victims and witnesses of crime, New York, 2009.
35
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Chapter III § 8; Chapter IX § 22-24.
36
Ibid at 33.
37

11

05. Recommendation: Promote awareness-raising, information, and education for the
prevention of the recruitment and use of children by terrorist and violent extremist actors.
Beyond general policies aimed at preventing child rights and rule of law violations against children and, in particular,
the re-victimization of child victims, prevention can be sought through the development of programs promoting
awareness-raising, information, and education. Multidisciplinary approaches can be an asset in the prevention of child
recruitment and use by terrorist and violent extremist actors since they combine different solutions and combat
different aspects of the root causes, whether individual or structural, of child recruitment. The recognition that lack of
socio-economic opportunities, marginalization, poor governance, violations of human rights and the rule of law, armed
con
fl
ict, ideology, and grievances as well as low public awareness, are important drivers of the involvement of children
with terrorist actors and crucial to addressing the problem in the long term.
06. Recommendation: Ensure the training of professionals working with children who are
recruited and used by terrorist and violent extremist actors.
Professionals should be trained to ensure that they are aware of the particular needs of children affected by terrorism
in terms of care and assistance and that they take those needs into account and safeguard the best interests of
children. States should set up their own training programs for professionals who come into contact with child victims of
these crimes in accordance with their own domestic systems and criminal procedures, and give those professionals an
opportunity to participate in international training organized at the regional level. Such training should target different
professions, including health-care professionals, judges, law enforcement o
ffi
cials, lawyers, prosecutors, and social
workers. Ideally, training curricula should contain a common, multidisciplinary component intended for all professionals,
combined with more speci
fi
c modules addressing the speci
fi
c needs of each sector. In many countries, law
enforcement o
ffi
cials are the
fi
rst professionals with whom children come into contact. Therefore, law enforcement
o
ffi
cials should receive speci
fi
c and appropriate training on assisting child victims. It is important to stress that
adequate training of law enforcement o
ffi
cials can contribute to conducting a proper investigation while minimizing
potential harm. The training may also include victim and witness identi
fi
cation and interviewing, evidence collection,
38
interrogation of the accused, investigative procedures, case management, integrating law enforcement investigations
with court procedures, and presenting evidence in court. A law enforcement o
ffi
cial specializing in child-related issues
should also receive training on how to provide information and put victims and witnesses in contact with available
support groups.
CRTG Working Group, The investigation and prosecution of children in a counter-terrorism context, Expert Brie
fi
ng Series, July 2022. Available at https://
38
www.linkedin.com/feed/update/urn:li:activity:6977966542370058240.

12

Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
8. As stated in international instruments and in particular the Convention on the Rights of the Child as re
fl
ected in
the work of the Committee on the Rights of the Child, and in order to ensure justice for child victims and witnesses
of crime, professionals and others responsible for the well-being of those children must respect the following
cross-cutting principles:
(c) Best interests of the child. While the rights of accused and convicted offenders should be safeguarded, every
child has the right to have his or her best interests given primary consideration. This includes the right to
protection and to a chance for harmonious development:
(i) Protection. Every child has the right to life and survival and to be shielded from any form of hardship, abuse or
neglect, including physical, psychological, mental and emotional abuse and neglect;
(ii) Harmonious development. Every child has the right to a chance for harmonious development and to a standard
of living adequate for physical, mental, spiritual, moral and social growth. In the case of a child who has been
traumatized, every step should be taken to enable the child to enjoy healthy development.39
ECOSOC Resolution 2005/20, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, 36th plenary meeting, 22 July 2005, Available at
39
https://www.un.org/en/ecosoc/docs/2005/resolution%202005-20.pdf

13

DUAL STATUS
07. Recommendation: The dual status of children recruited and used by terrorist and
violent extremist actors should be recognized by the competent authorities responsible for
determining legal status.
The recruitment and use of children by terrorist and violent extremist actors and questions regarding children´s roles
as victims and/or perpetrators produce many challenges, both legal and non-legal. Children recruited and used by
40
terrorist and violent extremist actors are
fi
rst and foremost victims of crimes under international law by virtue of the
prohibitions on such acts enumerated in various international human rights, humanitarian, and criminal law
instruments. It derives that victim status is attributable to children recruited and used by terrorist actors regardless
41 42
of any violation or offense perpetrated by the child provided that the child has not reached the Minimum Age of
Criminal Accountability (MACR). However, terrorist and violent extremist organizations recruit, use, and exploit children
in a multitude of ways, including for the perpetration of terrorism, terrorism-related offenses, and severe acts of
violence under international law. Such recognition, ailments a debate among experts, academics and policymakers over
the legal status of children and on their dual identities as both, victims and perpetrators. The determination of the
43 44
legal status and classi
fi
cation of apprehended or surrendered persons, including children, is fundamental to
ascertaining the rights to which they are entitled, formulating charges with respect to any alleged criminal conduct, and
determining the appropriate forum for proceedings. In counter-terrorism frameworks, there is however a tendency to
45
focus predominantly on the status of children as perpetrators of crime. In the context of armed con
fl
ict, children
associated with terrorist groups that are captured or surrendered may be classi
fi
ed as “unlawful enemy combatants”
and incarcerated, absent a presumption of any entitlement to legal protection beyond general assurance of “humane
treatment.” The recognition of the status of children as victims is therefore critical to the dutiful application of the
46
Cecilia Polizzi, Breaking the Cycle of Violence: The Role of Youth in Peace and Con
fl
ict Resolution, Remarks, Rotary International Annual Conference, District
40
3272, Faisalabad, Pakistan (2019).
Ibid at 16; UNICEF, Principles and Guidelines on Children Associated with Armed Forces or Groups (The Paris Principles), 2007.; The Convention (I) for the
41
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949 (GCI); Convention (II) for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949 (GCII); Convention (III) relative to the Treatment of
Prisoners of War. Geneva, 12 August 1949 (GCIII); Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949 (GCIV);
fl
icts (API), 8 June 1977;
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non- International Armed Con
fl
icts (APII), 8 June
1977.; Rome Statute of the International Criminal Court art. 7(2)(i), July 17, 1998, 2187 U.N.T.S. 90 [hereinafter The Rome Statute].
Under international law, juveniles who commit an offense while they are associated with armed forces or armed groups, including terrorist-designated
42
organizations, should be primarily considered as victims of offense.
Ibid at 2, 75.
43
European Commission, Radicalisation Awareness Network, “RAN issue paper: child returnees from con
fl
ict zones” (November 2016), 2.
44
Cecilia Polizzi, The Crime of Terrorism: An Analysis of Criminal Justice Processes and Accountability of Minors Recruited by the Islamic State of Iraq and al-
45
Sham, UC Davis Journal of International Law & Policy, Vol. 24.1, 2018 https://jilp.law.ucdavis.edu/issues/volume-24-1/24-1-polizzi.pdf.
U.S. Administration, Guant
á
namo Bay. The approach to the legal classi
fi
cation, administration and treatment of detainees captured in military counter-
46
terrorism operations proved to be inconsistent, not only with U.S. constitutional and military doctrine but also with international law.; Cecilia Polizzi, The Crime
of Terrorism: An Analysis of Criminal Justice Processes and Accountability of Minors Recruited by the Islamic State of Iraq and al-Sham, UC Davis Journal of
International Law & Policy, Vol. 24.1, 2018 https://jilp.law.ucdavis.edu/issues/volume-24-1/24-1-polizzi.pdf.

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rule of law and to the conformity with the legal protections affordable by children recruited and used by terrorist
organizations. However, the imperative of treating a child recruited by a terrorist or violent extremist group “primarily as
a victim” does not mean that the child should be granted immunity for criminal acts committed during his or her
association with terrorist or violent extremist groups. Victim status does not preclude the activation of channels within
the criminal justice system provided that the child is above the MACR but rather points to the application of a dual
status. This dual status of both victim and perpetrator, should be acknowledged by the competent authorities, and the
47
notion of primary victimization should be duly integrated and considered at the different stages of the justice
process. This implies that children should be awarded the safeguards and guarantees of child victims, concerning
48
safety, safeguards, and appropriate assistance, including reparations.49
Highlighted Example
The Government of the Philippines passed an Act Providing for the Special Protection of Children in Situations of
Armed Con
fl
ict and Providing Penalties for Violations Thereof (Republic Act No. 11188). The Act is, however, silent on
the status of children who, in relation to their association with terrorist and violent extremist groups, have
perpetrated offenses. This has led to discussions concerning the rights that these children are entitled to and their
treatment within the justice system. In recognition of the responsibility of states to not only protect, promote, and
ful
fi
ll child rights but also preserve public safety and security, the Inter-agency Committee on Children in
50
Situations of Armed Con
fl
ict (IAC-CSAC), tasked with issuing the Implementing Rules and Regulations (IRR)
prescribing the guidelines and procedures for the proper implementation of the Act, established a clear set of
violations triggering the criminal liability of children. In Rule 19 of the IRR of Republic Act No. 11188 “Children are not
criminally liable for crimes they committed as children involved in armed con
fl
ict and shall be treated as victims.”
However, a child who commits the Grave Child Rights Violations (GCRV) listed in the Act may be prosecuted. GCRV
include the Six Grave Violations Against Children in addition to torture and cruel, inhuman and degrading treatment
or punishment committed against children; acts of gender-based violence against children; taking children
hostage or using them as human shields. The IAC-CSAC therefore attempted to establish a requirement to address
children holding dual status. Nevertheless, there are doubts regarding the authority of the IAC-CSAC to include
these criteria, considering the IAC-CSAC does not have legislative powers and cannot add provisions that are not
present in or inconsistent with the purpose and intention of the Act.
Terre des Hommes, Access to Justice for Children and Youth in Counter-Terrorism Contexts: An analysis and practical guide to foster the development and
47
implementation of specialized, child-rights based and accountable justice systems, July 2020.
Ibid.
48
Ibid at 32.
49
“Who Protects Human Rights?” ISHR. Accessed January 31, 2023. https://ishr.ch/about-human-rights/who-protects-human-rights/.
50

15

CHILDREN IN CONFLICT WITH THE LAW
08. Recommendation: Apply juvenile justice principles to children allegedly accused of or
charged with terrorism and related offenses.
The most important international instruments for the administration of juvenile justice are the CRC and the International
Covenant on Civil and Political Rights (ICCPR). Article 40 of the CRC establishes the legal framework of juvenile justice and
51
the rights to be afforded to a child by a juvenile justice system, as well as speci
fi
c due process guarantees. In
52
circumstances in which children are alleged as, accused of, or recognized as having infringed the penal law, they are
entitled to all the rights set forth by international law in relation to juvenile justice with no exception or derogation due to
the nature of the offense committed, including terrorism and terrorism-related offenses. It derives that states are
responsible for the establishment and implementation of adequate legal, institutional, and operational frameworks to
respect, protect, and ful
fi
ll children´s rights in the administration of justice in a counter-terrorism context. Article 40(1)
provides that “States Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the
penal law to be treated in a manner consistent with the child’s sense of dignity and worth, which reinforces the child’s
respect for the human rights and fundamental freedoms of others and which takes into account (…) the desirability of
promoting the child’s reintegration and the child assuming a constructive role in society.” However, while counter-
53
terrorism frameworks are not designed to promote children´s rehabilitation and reintegration into society and oftentimes
result in the criminalization of the child concerned and amount to severe violations of the rule of law, counter-terrorism
legislation oftentimes appears to precede and prevail over international law and juvenile justice standards, leading to
detrimental outcomes for both child rights and security. The broadening of counterterrorism legislation and the expansion
of acts constituting terrorism and/or related offenses have exposed children to unlawful and/or arbitrary detention,
violations of fair trial and due process rights, and procedural safeguards, as well as torture, inhumane or degrading
54
treatment. Failure to respect, protect, and ful
fi
ll child rights and a lack of compliance with the rule of law in a counter-
55
terrorism context therefore result in further harm and/or secondary victimization of children within the justice system.
However, the consequences of such approaches may also undermine efforts to
fi
ght against terrorism. Insights into
individual processes of radicalization suggest that witnessing or experiencing abuse at the hands of state o
ffi
cials and/or
International Covenant on Civil and Political Rights, Dec. 16, 1966, S. Treaty Doc. No. 95-20, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976) [hereinafter
51
ICCPR].
Convention on the Rights of the Child, Art. 40.
52
Convention on the Rights of the Child. Art. 40(1).
53
The “UN Standard Minimum Rules for Non-Custodial Measures” (The Tokyo Rules) also provides an international framework for developing and implementing
54
alternative non-custodial sentencing options, which supports alternatives to custody when appropriate and the overall reintegration processes for offenders.;
See also United Nations Committee on the Rights of the Child, General Comment No. 10 (2007) Children’s Rights in Juvenile Justice, 25 April 2007 (CRC/C/GC/10),
para. 24.
55
Sham, UC Davis Journal of International Law & Policy, Vol. 24.1, 2018 https://jilp.law.ucdavis.edu/issues/volume-24-1/24-1-polizzi.pdf.; See also Watchlist,
Countering Terrorism and Violent Extremism: The Erosion of Children´s Rights in Armed Con
fl
ict, January 2020.

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violations of human rights and the rule of law are among the leading drivers of violent extremism, and justice responses
56
that do not comply with international standards may fuel violent extremist narratives, strengthen adherence to violent
extremist ideology, impair disengagement processes, and result in recidivism. Effective counterterrorism and the
protection of human rights are therefore not to be interpreted as con
fl
icting goals but rather as complementary and
mutually reinforcing, and the application of juvenile justice standards to children in con
fl
ict with the law in a counter-
57
terrorism context is recommended.
09. Recommendation: Whenever appropriate and feasible, consider implementing and
promoting norms that contain speci
fi
c provisions for the application of diversion
mechanisms for children suspected or charged with terrorism and related offenses.
The Neuch
â
tel Memorandum, endorsed by the GCTF in September 2016, describes diversion as the “conditional
channeling of children in con
fl
ict with the law outside the judicial proceedings towards a different way of addressing
the issue that enables many children’s cases to be resolved by non-judicial bodies, thereby avoiding the negative effects
of formal judicial proceedings and a criminal record.” International law prescribes no limitation on the use of diversion
for dealing with a child who is in con
fl
ict with the law in a counter-terrorism context. Aside from the several
58
advantages of using diversion over submitting children to formal criminal proceedings, including, among others,
preventing risks of violence against children, secondary victimization within the criminal justice system and re-
recruitment, it exists a growing evidence of its effectiveness in preventing recidivism. States are hence encouraged to
59
promote diversionary measures for children in con
fl
ict with the law in a counter-terrorism context, whenever
appropriate and desirable, and ensuring that human rights and legal safeguards are fully respected.60
UNODC, Conditions Conducive to the Spread of Terrorism, E4J University Module Series, Available at https://www.unodc.org/e4j/en/terrorism/module-2/key-
56
issues/drivers-of-violent-extremism.html.
United Nations Counter-Terrorism Implementation Task Force Working Group ‘Protecting human rights while countering terrorism’ Regional Expert
57
Symposium: ’Securing the fundamental principles of a fair trial for persons accused of terrorist offenses’ Bangkok, 17-18 February 2011.
The “UN Standard Minimum Rules for Non-Custodial Measures” (The Tokyo Rules) also provides an international framework for developing and implementing
58
alternative non-custodial sentencing options, which supports alternatives to custody when appropriate and the overall reintegration processes for offenders.;
See also United Nations Committee on the Rights of the Child, General Comment No. 10 (2007) Children’s Rights in Juvenile Justice, 25 April 2007 (CRC/C/GC/10),
para. 24.
Johann Koehler et al., “A systematic review and meta-analysis on the effects of young offender treatment programs in Europe,” (2013) 9 1 Journal of
59
Experimental Criminology, 19-43. See also David B. Wilson et al., “Police Initiated Diversion for Youth to Prevent Future Delinquent Behavior: A Systematic
Review,” A Campbell Systematic Review, June 2018.
Article 40(3)(b) of the CRC. Diversionary measures are also referred to in Rule 11 of the Be
ij
ing Rules (General Assembly, United Nations Standard Minimum
60
Rules for the Administration of Juvenile Justice (the Be
ij
ing Rules), adopted by the General Assembly on 29 November 1985 (A/RES/40/33)); United Nations
Economic and Social Council, Guidelines for Action on Children in the Criminal Justice System resolution 1997/30, 21 July 1997, paras. 15 and 42; and, the General
Assembly, United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), adopted by the General Assembly on 14 December 1990 (A/RES/
45/110), rule 2.5.

17

Best Practice
The Philippine Juvenile Justice and Welfare Act established a mechanism for diversion at all levels of the criminal
justice system. In the Philippines, diversion remains available to the child regardless of the offense perpetrated.
Any crime committed by a child may be quali
fi
ed for diversion if the imposable penalty of the crime is not over
twelve years of imprisonment and the diversion authority
fi
nds that it is appropriate for the child to be diverted.
Diversion is institutionalized and legally recognized at various levels of the community justice system (barangay
justice), including law enforcement, prosecution, and the court. The barangay captain, the police at the women's
and children’s protection desk, the prosecutor, and the branch clerk of court, respectively, will act as the diversion
authority and may even convene their respective diversion committees for purposes of the diversion program. To
ensure full implementation of the law, the agencies involved in juvenile justice and welfare administration have
issued their own rules and guidelines.
10. Recommendation: Increase training on diversion and alternatives to prosecution and
incarceration for children charged with terrorism and related offenses.
Many countries do have laws and procedures in place that promote the diversion of children from formal judicial
proceedings. However, the use of diversion is not always fully embedded in the juvenile justice system. Among the
challenges hampering the use of diversion in a counter-terrorism context are: (i) the priority for investment in the
justice system to correctional facilities infrastructures rather than diversion interventions, (ii) considerations that
diversionary measures may be unsuitable in a counter-terrorism context or too lenient and, (iii) the lack of knowledge
and resources of justice professionals needed to implement diversionary measures in an effective manner. Since
diversion may occur at various levels of the justice system, it is critical for practitioners to be able to evaluate and
assess when alternatives to formal judicial proceedings for children can and should be employed, as well as assess the
pro
fi
le and background of a child and select the most likely effective diversion measure and monitor implementation.61
UNODC, Justice for Children in the Context of Counter-Terrorism: A Training Manual, 2019.
61

18

REHABILITATION AND REINTEGRATION
11. Recommendation: Consider the creation of Transit and Referral/Rehabilitation Centers
for children who are not prosecuted for terrorism and/or terrorism-related offenses.
Rehabilitation and reintegration of children associated with terrorism and violent extremist groups must be the key
objective for states and other stakeholders involved with the provision of justice responses in this context.
Rehabilitation requires addressing the speci
fi
c needs of children and focusing on reinstating or establishing a
relationship between the child and his or her social environment, thereby accounting not only for the individual
circumstances of the child but also for the context in which the child is to be reinserted. The transition to rehabilitation
and reintegration should be carefully organized as there may be challenges associated with the direct release of the
child into society. The creation of Transit and Referral/Rehabilitation Centers is hence advised. In Transit and Referral/
62
Rehabilitation Centers children should promptly access physical and psychological professional treatment and it is of
paramount importance that practitioners and all actors involved with children formerly associated with terrorist and
violent extremist organizations receive adequate training. Assistance and care for children should continue for the
63
entire period of time in which the child resides in Transit and Referral/Rehabilitation Centers. The permanence of
children in Transit and Referral/Rehabilitation Centers should however, be for a limited and clearly de
fi
ned period of
time only. The creation of Transit and Referral/Rehabilitation Centers may signi
fi
cantly contribute to children´s
rehabilitation and social reintegration and facilitate access to educational and vocational training.
UNODC, Discussion Paper Rehabilitation and Reintegration, Expert Group Meeting on The Treatment of Children Recruited and Exploited by Terrorist and
62
Violent Extremist Groups by the Justice System, 2016.
European Commission Directorate-General for Migration and Home Affairs, Small-scale expert meeting on Training for practitioners on dealing with returning
63
children, online meeting 30 September 2021, 2021.

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LEGISLATION
12. Recommendation. Consider the establishment of a specialized legal framework to
determine rules, procedures, protocols, and intervention measures that adequately address
children recruited and used by terrorist and violent extremist actors.
A specialized legal framework should be established to serve as the primary jurisdiction and authority over children
involved in terrorism and terrorism-related offenses. In circumstances in which the development of such a
64
specialized framework should be unavailable, governments should endeavor to improve the justice system and adapt it
to the speci
fi
c needs of children recruited and used by terrorist and violent extremist actors by amending existing laws
or by approving specialized and binding new legislation. A legal framework developed to address child recruitment and
use by terrorist and violent extremist actors should guarantee respect for and the effective implementation of child
rights. It is recommended that such a specialized legal framework: i) proscribe the recruitment and use of children as
well as other grave violations against children by designated terrorist and violent extremist organizations and clearly
de
fi
ne accountability standards and mechanisms as well as remedies and reparations for victims and survivors; ii)
include provisions applicable to children alleged as having committed terrorism and terrorism-related offenses which
re
fl
ect, at a minimum, the international child rights and child protection framework as outlined in relevant
instruments as well as the applicable regional and national child protection legislation; iii) broaden the scope of
65
application of child protection standards related to child recruitment and use and other grave violations against
children to non-armed con
fl
ict contexts; iv) ensure that the Minimum Age of Criminal Accountability (MACR) conforms
with international standards; v) include gender speci
fi
c provisions that allow to address the gender dimension of
terrorism and the diverse impact of terrorist violence on different gender categories to enable gender-sensitive and
gender-responsive legislation.
13. Recommendation. Recognize the impact of counter-terrorism frameworks on child
rights and regulate the expanded scope of anti-terrorism laws to ensure the coherence of the
legal system with child protection standards and norms.
Ibid at 43.
64
Convention on the Rights of the Child (1989);• Committee on the Rights of the Child – General Comment No. 10 (2007) – Children’s rights in juvenile justice;
65
General Comment No. 12 (2009) – Right of the child to be heard; General Comment No. 9 (2006) - The rights of children with disabilities; General Comment No. 11
(2009) – Indigenous children and their rights under the Convention; United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘Be
ij
ing
Rules’) (1985); United Nations Rules for the Protection of Juveniles Deprived of their Liberty (‘JDLs’ or ‘Havana Rules’) (1990); United Nations Guidelines for the
Prevention of Juvenile Delinquency (‘Riyadh Guidelines’) (1990); Guidelines for Action on Children in the Criminal Justice System (Annex to UN Resolution 1997/30
– Administration of Juvenile Justice (‘Vienna Guidelines’)) (1997); United National Common Approach to Justice for Children (2008); International Covenant on
Civil and Political Rights (ICCPR) (1966); United Nations Standard Minimum Rules for Non-custodial Measures (‘Tokyo Rules’) (1990); Standard Minimum Rules for
the Treatment of Prisoners (1955); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988); Guidelines on the
Role of Prosecutors (1990) ,

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Counter-terrorism legislation with di
ffi
culty reconciles with international legal norms and standards. The security
imperatives to address terrorism create the conditions for states to resort to law-making enforced by national criminal
justice systems, where the enactment of domestic counter-terrorism legislation provides a ground to justify military
and other practices amounting to violations of the rule of law. According to the United Nations, the promotion and
66
protection of human rights and the rule of law are essential to all components of the UN Global Counter-Terrorism
Strategy. Therefore, effective counter-terrorism measures and the promotion of human rights are not con
fl
icting
67
goals but rather complementary and mutually reinforcing. In order to adequately protect, respect, and ful
fi
ll child
68
rights while countering terrorism, states should clarify the relation between children´s rights, juvenile justice standards
and existing counter-terrorism frameworks with the former prevailing as a lex specialis over criminal justice
69
proceedings and anti-terrorism laws. In addition, because the exercise of justice in a counter-terrorism context often
results in punitive and criminalizing approaches, the purposes of juvenile justice and counterterrorism law frameworks
should be reconciled and aligned to foster and promote the rehabilitation and reintegration of all juveniles involved in
terrorism and terrorism-related offenses.70
Best Practice
The Government of the Philippines has taken critical steps toward improving the plight of children in con
fl
ict zones
with the recent signing of the Implementing Rules and Regulations (IRR) of the law to protect Children in Situations
of Armed Con
fl
ict (CSAC). Under the Act, Inter-agency Committee on Children in Situations of Armed Con
fl
ict (IAC-
CSAC) is tasked to ensure its full implementation, which upholds humanitarian principles and the rights of children
to be treated as victims. The Act clearly de
fi
nes the individuals covered under the law (persons aged 18 and below),
provides rules on age veri
fi
cation, outlines the rights of children in situations of armed con
fl
ict, identi
fi
es the
enforcement agencies, and how the law will be carried out.
Salient features of the law include:
• The right of a child to be treated as a victim insofar as his or her status or a
ffi
liation as members, recruits, or
a
ffi
liates of armed groups is concerned.
• The lack of distinction between designated terrorist groups or violent extremist organizations in the
determination of the legal status and treatment of children in contact with the justice system.
• A proscription on practitioners to interrogate, detain, charge, or prosecute children associated with terrorist
or violent extremist groups.
• The adoption of an expanded de
fi
nition of schools, hospitals, health facilities, and places of worship as
protected civilian infrastructure.
66
Sham, UC Davis Journal of International Law & Policy, Vol. 24.1, 2018 https://jilp.law.ucdavis.edu/issues/volume-24-1/24-1-polizzi.pdf.
United Nations General Assembly, The United Nations Global Counter-Terrorism Strategy, A/RES/60/288, 20 September 2006.
67
Amman Center for Human Rights Studies, The negative effects of terrorism on the enjoyment of human rights and fundamental freedoms: The case of
68
Jordan, Available at https://www.ohchr.org/sites/default/
fi
les/Documents/HRBodies/HRCouncil/AdvisoryCom/Terrorism/AmmanCenterHumanRightsStudies.pdf
Ibid at 43.
69
Ibid at 55.
70

21

• An expansion of the de
fi
nition of "Zones of Peace" to include any community site of sacred, historic, cultural,
or environmental importance.
• The inclusion of gender-speci
fi
c provisions regarding access to education, menstrual hygiene, and other
gender-sensitive care and services.
• It upholds children's rights to be treated as victims and provides liability protection to those who provide
assistance.

22

GENERAL RECOMMENDATIONS
14. Recommendation. Identify vulnerability factors and drivers of violent extremism
involving children to ensure appropriate and tailored responses to children affected by
terrorism and violent extremism.
In order to be e
ffi
cient, it is critical that all policies, legislation, and interventions aimed at addressing child recruitment
and use by terrorist and violent extremist actors are evidence-based. To this end, policymakers are encouraged to
71
invest in specialized research into the drivers of violent extremism and vulnerability factors that are speci
fi
c to
72
children.
Best Practice
With an aim to help close existing knowledge gaps as underlined by the Global Counterterrorism Forum, Neuchatel
Memorandum as well as by a number of experts, states, and agencies, the CRTG Working Group has developed a
research portfolio that identi
fi
es systemic issues and factors driving children into terrorist and violent extremist
groups and enables tailored responses. The CRTG Working Group Database on Children in Terrorism represents the
fi
rst comprehensive research effort providing critical understanding and increased awareness of minors in
terrorism. Through this effort, the CRTG Working Group introduces new methods for creating a comprehensive
understanding of the challenge of terrorism involving children, which will help to ensure a shared awareness, allow
for better discussion, approaches to mitigation, and resource allocation.
15. Recommendation. Design and deliver tailored training to professionals and
practitioners handling cases of terrorism and terrorism-related offenses involving children.
Child involvement in terrorism and terrorism-related offenses oftentimes occurs as the result of forcible action,
including but not limited to intimidation, threat and other forms of coercion by adults exploiting children´s vulnerability
as determined by age, lack of discernment and malleability. The individual circumstances of the child and the impact of
trauma and exposure to violence and other stressors should inform justice, security, and operating procedures. States
should seek to mainstream specialized knowledge of children in terrorism in the design and delivery of training to all
practitioners handling cases of terrorism and terrorism-related offenses involving children. Increased awareness and
understanding will allow for the development of child-sensitive operational procedures that can improve handling
CRTG Working Group, Violent Right-Wing Extremism: Children´s Perspectives, Policy and Practice, 2022, https://
71
9559314e-14e3-496d-8655-4cc858f76135.
fi
lesusr.com/ugd/4fccfe_76cb981e3ce0404ebe3ecd6f7ac0d91d.pdf;
See also Global Counterterrorism Forum, Neuch
â
tel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context, n.d. https://
www.thegctf.org/Portals/1/Documents/Lifecycle%20Toolkit-documents/English-Neuchâtel-Memorandum-on-Juvenile-Justice.pdf?
ver=LAxU86MeyRLBynXqzArMhg%3D%3D.
CRTG Working Group, Database on Children in Terrorism, n.d.
72

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capacities and avoid possible further victimization within the criminal justice system. Evaluation of speci
fi
c needs
required by different professionals in the
fi
eld and conceptualization of speci
fi
c training curricula, adapted to the
professional situation, including blended methodologies and coaching support/on-the-job training. Institutionalized,
interdisciplinary and multi-sectoral cooperation, including cross-country exchanges, may also be established to
improve information-sharing and build capacity.

24

Republic of the Philippines
COUNCIL FOR THE WELFARE OF CHILDREN
The members of the Inter-Agency Committee on Children in Situations of Armed Conflict
(IAC-CSAC) namely the Council for the Welfare of Children, Department of Justice,
Department of Education, Department of National Defense, Office of Civil Defense, Department
of Health, Department of Social Welfare and Development, Department of the Interior and Local
Government, Philippine National Police, National Commission on Muslim Filipinos, Office of
the Presidential Adviser on the Peace Process, Armed Forces of the Philippines, National
Commission on Indigenous Peoples, Commission on Human Rights, and Philippine Commission
on Women, approve and issue this:
Joint Memorandum on the
PROTOCOL: HANDLING CHILDREN IN SITUATIONS OF ARMED CONFLICT
a. With the enactment of Republic Act (RA) 11188 “An Act Providing for the Special
Protection of Children in Situations of Armed Conflict and Providing Penalties for
Violations Thereof” on 10 January 2019 and its implementing rules and regulations
(IRR) on 04 June 2019, there is a need to create a unified protocol for agencies handling
Children in Situations of Armed Conflict (CSAC) and to update all guidelines and
regulations issued by different agencies on handling CSAC prior to RA 11188.
b. This protocol is issued to ensure that CSAC are treated exclusively as victims insofar as
their status as members, recruits or affiliates of armed forces or groups is concerned and
in this connection that implementers refrain from interrogating, detaining, charging or
prosecuting CSAC for mere membership in, affiliation with or even association with
armed forces or non-state armed groups, including terrorist or violent extremist
organizations.
c. Seeking to address the convergence of RA 11188 and the current juvenile justice law,
this protocol is in line with existing juvenile justice standards and laws related to children
who may have criminal charges filed against them by reason of their involvement in
situations of armed conflict.
d. This protocol will also inform concerned agencies in the proper implementation of RA
11188 and its IRR to effectively protect CSAC from all forms of abuse, violence, neglect,
cruelty and discrimination.
e. The Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC)
resolves to adopt this “Protocol” to guide all implementers of RA 11188.
1. APPLICATION OF PROTOCOL
1.1. This Protocol applies to all Children in Situations of Armed Conflict (CSAC), specifically
to the child who:
a. surrenders to;
b. is released to;
c. is rescued from any armed group or force by; or
d. is in any manner taken into custody by the State or any of its agents.1
1
For items a, c and d, see Rule 27; For item b: Sec 5(bb) of RA11188 and Rule 6 (ii) of IRR.

CSAC refer to all children involved in armed conflict (CIAC), children affected by armed conflict
(CAAC) and internally displaced children2
as described in Section 2.1 below.
1.2. As used in this Protocol, the following terms shall be understood as follows:
a. “Alternative custodial facility” as used in Sections 4.2.2, 5.1.1 and 5.2.1 of this Protocol
refers to a facility or shelter that is determined by the Local Social Welfare and
Development Officer (LSWDO), Local Council for the Protection of Children (LCPC) of
Regional Committee/Sub-Committee for the Welfare of Children (RC/SCWC) to be, after
considering the security risks faced by the CSAC, suitable for the child to receive
temporary shelter, care and protection.
b. “Child” refers to: (1) A person below eighteen (18) years of age; or (2) A person eighteen
(18) years of age or older but who is unable to fully take care of one’s self; or protect one’s
self from abuse, neglect, cruelty, exploitation or discrimination; and unable to act with
discernment because of physical or mental disability or condition.3
c. “Child in conflict with the law” or “CICL” refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
d. “Government representative” refers to the military, police, or any officer, employee or
representative of the government: (1) to whom a CSAC may surrender or be released; or
(2) who may rescue or in any manner take into custody a CSAC.
e. “Grave child rights violations” or “GCRV” refer to the crimes committed against
children that constitute flagrant violations of their human rights and have severe
consequences on their lives. These crimes include those enumerated in Section 9 of RA
11188 (list attached as Annex A of this Protocol) such as killing or maiming of children,
recruitment or use of CIAC, rape and other forms of sexual violence against children,
abduction of children, attacks against schools or hospitals, or denial of humanitarian access
to children.4
2. CLASSIFICATION OF CSAC
2.1. Based on information obtained from sources other than the child, the government
representative shall immediately ascertain if the CSAC is a CIAC, CAAC or an internally
displaced child based on the following:
a. CIAC - a child who participated directly in armed hostilities as combatants or fighters or
indirectly in armed hostilities through support roles such as scouts, spies, saboteurs, decoys,
checkpoint assistants, couriers, messengers, porters, cooks or as sexual objects;5
b. CAAC - a child who experienced armed conflict but did not participate directly or
indirectly in it;6
c. Internally displaced child - a child who is forced or obliged to flee or leave the home or
place of habitual residence as result of or in order to avoid the effect of armed conflict and
situations of generalized violence.7
2
Sec. 5(k), RA 11188.
3
Sec. 5(g), RA 11188.
4
Sec. 5(q), RA 11188.
5
Sec 5(j) Children involved in armed conflict (CIAC) refer to children who are either forcibly, compulsorily recruited,
or who voluntarily joined a government force or any armed group in any capacity. They may participate directly in armed
hostilities as combatants or fighters; or indirectly through support roles such as scouts, spies, saboteurs, decoys,
checkpoint assistants, couriers, messengers, porters, cooks or as sexual objects. (RA 11188)
6
Sec 5(i). Children affected by armed conflict refer to all children population experiencing or who have experienced
armed conflict. (RA 11188)
7
Sec 5(v). Internally displaced children refer to children or group of children, whether separated or together with their
families, who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular, as
a result of or in order to avoid the effect of armed conflict and situations of generalized violence. ((RA 11188)

2.2. If the CSAC in custody is a CAAC or an internally displaced child, the protocol under
Sections 3 and 9 shall be followed.
2.3. If the CSAC is determined by the government representative to be a CIAC, the protocol
under Sections 4 to 9 will be followed.
3. CAAC AND INTERNALLY DISPLACED CHILD
The government representative that obtained physical custody of a CAAC or an internally
displaced child described in Section 2.1 must observe the following procedures:
3.1. Notify.
3.1.1. Within twenty-four (24) hours from the time that physical custody of the CAAC or the
internally displaced child is taken, the government representative shall notify the:
a. parents or guardian of the child;
b. LSWDO (through the city or municipal social welfare and development office) where
the child is first taken into custody;
c. LCPC (any of the barangay, city or municipal council for the protection of children); and
d. CWC (through the RC/SCWC).8
3.1.2. The 24-hour period referred under this section begins from the hour the agency gets
physical custody of the child.
3.1.3. If the CAAC or the internally displaced child is also determined to be a victim of grave
child rights violation (GCRV) [See Annex A], such fact shall be reported in accordance with
Section 9 of this Protocol.
3.2. Handover of CAAC or internally displaced child.
3.2.1. Also, within the same 24-hour period, the government representative, with the assistance
of the LSWDO (See 3.3 below), shall cause the handover of the CAAC or the internally displaced
child’s physical custody to the parents or guardian of the child.
3.2.2. If the parents or guardian cannot be found or if handover of custody to them is not feasible
within the time period, the child’s custody will be handed over to:
a. the DSWD for immediate care and protection;9
or
b. a DSWD-accredited center in the LGU for temporary shelter.
3.2.3. In case there is no immediately available DSWD facility or DSWD-accredited center in
the LGU, the LSWDO, LCPC or the RC/SCWC will coordinate and cause the handover of
custody to other child-caring facilities accredited by the DSWD in the same or another LGU or
alternative custodial facilities suitable for children where the child can be given temporary
shelter, care and protection.
3.3. Family tracing.
3.3.1. The LSWDO shall take all appropriate steps to facilitate the reunion of the child with
his/her family who are temporarily separated due to armed conflict.10
8
See Annex B - Directory of RC/SCWC offices.
9
Rule 31(p), IRR.
10
Rule 7(6) and Rule 8(m), IRR.

3.3.2. In cases where the family of the CAAC or internally displaced child cannot be located, the
LSWDO where the child was identified, with the assistance of the LCPC, shall:
a. facilitate the family tracing;
b. coordinate with parents, relatives, or guardians of the child to inform them of the
handover as described in 3.2; and
c. if applicable, coordinate with the indigenous peoples’ community where the child
belongs.
3.4. Rehabilitation interventions.
3.4.1. Rehabilitation interventions and services shall be given to a CAAC or the internally
displaced child based on the LSWDO’s assessment of the child. These interventions shall be
tailored to fit the specific needs of the child.
3.4.2. The child as well as the child's family, community (including the concerned LGUs and
civil society organizations) and school or learning center shall be consulted in the formulation of
any rehabilitation program for the CAAC or internally displaced child.
3.4.3. For community-based rehabilitation, the LCPC shall be involved in the provision and
monitoring of interventions given to the child and the LSWDO shall monitor the implementation
of these interventions. The LSWDO shall also coordinate with or refer to other civilian local and
national government agencies that can address the needs of the child during the rehabilitation
phase. Civilian agencies involved with the provision of interventions shall strictly adhere to this
Protocol and shall be advised to coordinate with the LSWDO and LCPC, in administering their
interventions.
3.5. Replacement documents.
3.5.1. The LSWDO with the help of the LCPC shall assist the CAAC or internally displaced
child in obtaining new or replacement documents:
a. that they need to enjoy their legal rights (e.g., birth certificate); or
b. that they may have been lost or not properly obtained due to involvement in armed
conflict or displacement (e.g., school records).11
3.5.2. When assisting the child, the LSWDO and LCPC shall help coordinate with the
appropriate agencies (e.g., Philippine Statistics Authority, local civil registrar and Department of
Education District Schools Office) to facilitate the issuance of the new or replacement
documents.
3.6. If CSAC is internally displaced.
The CSAC who is found to be internally displaced shall not be prevented to leave the country,
seek safety in another part of the country, seek other service providers, or seek asylum in another
country.12
4. CIAC TAKEN INTO CUSTODY
The government representative taking physical custody of a CIAC as described in Section 2.1
must observe the following procedures:
11
Rule 8(r), IRR.
12
Rule 8(q), IRR.

4.1. Notify.
4.1.1. Within twenty-four (24) hours from the time that physical custody of the child is taken, the
government representative shall report the incident to the:
a. LSWDO (through the city or municipal social welfare and development office) where the
child surrendered, is released or rescued, or is first taken into custody;
b. LCPC (any of the barangay, city or municipal council for the protection of children); and
c. CWC (through the RC/SCWC) in accordance with Section 9 of this Protocol.13
If there is no available LSWDO in the LGU, the government representative shall report the
incident to nearest DSWD office.
4.1.2. The 24-hour period referred under Sections 4.1 and 4.2 begins from the hour the agency
gets physical custody of the child.
4.2. Cause custody handover.
4.2.1. Within 24 hours from the time that physical custody of the CIAC was taken, the LSWDO
(or in the absence of the LSWDO, the LCPC or the RC/SCWC) shall coordinate and cause the
handover of custody to:
a. the DSWD for immediate care and protection;14
or
b. a DSWD-accredited center in the LGU for temporary shelter.
4.2.2. In case there is no immediately available DSWD facility or DSWD-accredited center in
the LGU, the LSWDO, LCPC or the RC/SCWC will coordinate and cause the handover of
custody to other child-caring facilities accredited by the DSWD in the same or another LGU or
alternative custodial facilities suitable for children where the child can be given temporary
shelter, care and protection. When finding an alternative custodial facility, the LSWDO, LCPC
or the RC/SCWC must consider the security risks faced by the child.
4.2.3. If the handover is not possible within the prescribed 24-hour period due to valid reasons
and without fault of the person having custody of the CIAC (such as cases where feasibility of
handover is affected due to natural or man-made calamities or disasters or any difficult
circumstance that justifies delay), the handover shall be done within seventy-two (72) hours from
the time physical custody of the child was taken.15
4.2.4. In no case shall the physical custody of the CIAC be retained in a military camp, police
detention or jail facility, or any location similar to it.
4.3. Safety and security of child.
4.3.1. Government representatives having contact with a CIAC shall ensure the child’s safety and
security and observe a child-, culture- and gender-sensitive process in handling the CIAC,
particularly by:
a. taking actions that prevent the labelling of a CIAC as a member of an armed group or
that in any way may cause the child discrimination;
b. keeping the CIAC in a facility separate from adults and persons of opposite sex, unless
such persons are shown to be family members or relatives of the child;
13
See Annex B - Directory of RC/SCWC offices.
14
Rule 31(p), IRR.
15
See Rule 27(c)(2) and Rule 27 (c)(3), IRR.

c. not charging the CIAC with any violation of the law unless the alleged offenses are
unrelated to the child’s status as a CIAC;16
d. protecting the identity and confidentiality of any identifying information on the CIAC;
e. not using the CIAC for any political propaganda; and
f. not unnecessarily exposing the CIAC to media (e.g., use of pictures of children during
rescue). Press conferences or media coverage, including social media, if necessary and in
the child’s best interest, shall be conducted in accordance with existing media guidelines
on reporting and coverage of cases.
4.3.2. The CIAC shall not be criminally liable for crimes they committed as CIAC and shall be
treated as victims.17
Provided that, when the acts committed by the CIAC are: (a) grave child
rights violations;18
or (b) committed not as a child involved in armed conflict, the protocol for
Republic Act (RA) 9344 or the Juvenile Justice and Welfare Act as amended shall apply. (See
Section 6 below for further discussion on CIAC who is a CICL.)
4.4. Handling of child.
From the time they are taken into custody, the CIAC shall at all times be treated in a child-friendly
and sensitive, as well as culture- and gender-sensitive, manner.19
Guided by the best interests of
the child, government representatives handling the CIAC shall:
a. obtain the child’s personal circumstances as described in Section 4.5;
b. talk to the child in a child-friendly area, preferably a separate room, or in any available
room that ensures the confidentiality of the process;
c. secure the assistance of an individual who understands and speaks the dialect of the child
if the child does not speak the local dialect;
d. hire a sign language expert, mental health professional, child psychologist, or other
appropriate professional with specialized training to assist in the interview of a child with
special needs or disabilities;
e. not subject the CIAC to a tactical interrogation, custodial investigation, or any similar
form of investigation;
f. conduct the process using an approach that is culture and gender-sensitive;
g. immediately attend to the child’s basic needs such as food, rest, sleep and others to
stabilize the child’s physical and psychological state; and
h. immediately refer the child to a psychologist or a counselor for proper intervention if the
child appears to be exhibiting trauma, shows extreme emotions, or becomes violent.
4.5. Intake documentation.
4.5.1. Upon taking physical custody of the CIAC, the government representative may, for
purposes of documenting the child’s intake, only ask the following information:
a. name of CIAC;
b. age;
16
Alternate phrasing proposed: “b. not charge the CSAC with any violation of the law when the alleged violation arises
from the child’s status as CIAC”
17
In accordance with Section 7 of RA 11188.
18
See Section 1.2(b) and Annex A of this Protocol.
19
Rule 27, IRR.

c. sex;
d. date of birth;
e. address; and
f. names and contact details of parents, guardian or relatives.
4.5.2. During the intake, no question shall be asked relating to the potential commission of any
act or offense under the law.
4.6. Age verification.
4.6.1. As part of the intake documentation, the government representative shall further confirm
the age of the CIAC on the basis of the child ‘s birth certificate, baptismal certificate or any other
pertinent document showing evidence of age. In the absence of these documents, age may be
based on information from the child, testimonies of other persons, the physical appearance of the
child and other relevant evidence such as medical and dental records.
4.6.2. The verification of the CIAC’s age shall be done with the assistance of the LSWDO and
LCPC.
4.6.3. While awaiting a confirmation of the proof of age, the CIAC shall be treated as a child and
be handled in accordance with this Protocol.
4.6.4. In case of doubt, the person shall enjoy the presumption of minority and all the rights and
benefits of a child, until proven to be 18 years of age or over. The burden of proving age lies with
the government representative having custody of the child.
4.7. Family tracing.
The LSWDO where the CIAC was identified, with the assistance of the LCPC, shall:
a. facilitate the family tracing;
b. coordinate with parents, relatives, or guardians of the child to inform them of the
handover as described in 4.2; and
c. if applicable, coordinate with the indigenous peoples’ community where the child
belongs.
4.8. Medical and physical assessment.
4.8.1. The government representative taking custody of the child shall immediately inform the
local health office that a CIAC is taken into custody for the purpose of having an assessment of
the medical and physical condition of the CIAC. In cases where medical needs are apparent, the
local health office shall ensure that medical services or treatment is received by the CIAC. The
child may also be referred to Women and Child Protection Unit for medical examination or
treatment.
4.8.2. If the CIAC that is taken into custody have urgent medical needs (e.g., injured, wounded,
sick) and the LSWDO after being notified has not yet arrived, said child shall immediately be
brought (by the government representative having physical custody) to a medical doctor or to the
nearest health office for appropriate treatment and assistance.
4.8.3. Medical assistance may be provided by private-run clinics in the absence of public medical
facilities.

4.9. Initial report.
4.9.1. The government representative handling the CIAC shall prepare an initial report that bears
the following information to the extent that they are available:
a. name of CIAC;
b. age, birth date;
c. address;
d. sex;
e. educational attainment;
f. parents, guardian or relatives;
g. initial assessment of physical and mental condition;
h. tribal/ethnolinguistic affiliation (if applicable); and
i. other circumstances relative to the rescue, surrender or the mode of obtaining custody of
CIAC.20
4.9.2. A copy of the initial report shall be given to the office acquiring custody over the child
through the LSWDO who is handling the case of the CIAC.
5. HANDOVER OF CIAC CUSTODY
5.1. Case handling after handover.
5.1.1.After the personal circumstances of the CIAC are recorded under Section 4.5 above and
within 24 hours from the time that physical custody of the child was taken, the physical custody
of the child shall be transferred to:
a. the nearest DSWD for immediate care and protection;21
or
b. any DSWD-accredited center in the LGU for temporary shelter; or
c. in the absence of either (a.) or (b.), any other child-caring facility accredited by the
DSWD in the same or adjacent areas or alternative custodial facility suitable for children as
identified by the LSWDO, LCPC or the RC/SCWC under Section 4.2.2 of this Protocol.
For security reasons, the PNP or the AFP will escort the CIAC when bringing them to the DSWD
or the identified alternative custodial facility or shelter.
5.1.2. A copy of the initial report described in Section 4.9 shall be given to the office acquiring
custody over the CIAC.
a. The assigned social worker shall manage the case of the CIAC with respect to the
formulation and implementation of intervention, rehabilitation and reintegration programs.
For the effective management of the CIAC’s case, the social worker shall be assisted by the
LCPC.
b. The PNP continues to handle the case of the CIAC in accordance with the PNP Manual
for the purpose of investigating and filing criminal charges against those who caused the
GCRV against the CIAC.
5.1.3. Keeping the best interests of the child in mind, both the assigned social worker (in the
course of handling the child) and the PNP (in the conduct of its investigation of the case of the
CIAC) shall take all steps needed to preserve the evidence that can support the prosecution of all
those who caused or perpetrated the commission of GCRV on the CIAC.
20
Drawn from the 2002 DSWD AO No. 84 (Procedures in the Handling and Treatment of Children Involved in Armed
Conflict).
21
Rule 31(p), IRR.

5.2. Protection of CIAC after handover.
5.2.1. If the child is handed over to a DSWD-accredited center or in an alternative custodial
facility or shelter to provide temporary custody to the CIAC, the PNP (particularly the WCPC)
or AFP can be called on to ensure the child’s safety and shall take the appropriate steps based on
its security assessment.
5.2.2. As the primary agency tasked on law enforcement, the PNP shall take the lead in ensuring
the CIAC's safety unless the necessary protection can be immediately provided by the AFP in the
area. The AFP shall give support if the PNP in a particular area requests for additional forces.
5.3. Interview of CIAC.
5.3.1. After the physical custody of the CIAC is turned over, the social worker shall proceed with
the interview in accordance with the DSWD procedures in the handling and treatment of children
involved in armed conflict.
5.3.2. The initial information available upon handover should be used by the social worker to
refrain from asking similar questions. Instead, the interview should focus on additional
information needed.
5.3.3. The LSWDO shall indicate in the case study report:
a. the recommended forms of assistance and interventions to be given to the child; and
b. other relevant information needed for the formulation of a rehabilitation program for the
child.
5.4. Indication of abandonment, neglect or abuse.
If upon the assessment of the social worker there is any indication that the CIAC is abandoned,
neglected, or abused (e.g., the parents directed or ratified the involvement of the child in armed
conflict), the social worker shall:
a. inform the PNP and/or the barangay to conduct an investigation on the family; and
b. proceed in handling the case in accordance the provisions of Republic Act No. 7610 and
other relevant laws by, where deemed appropriate or necessary, filing the necessary
criminal, civil or administrative actions and the appropriate petitions (e.g., involuntary
commitment) consistent with the best interests of the child.
5.5. Reunion with family.
5.5.1. The LSWDO, with the assistance of the LGU, other government agencies and civil society
organizations, shall take all appropriate steps to facilitate the reunion of CIAC with their
families.22
5.5.2. The CIAC shall not be immediately returned or reunited with his/her parents or guardians
if any of the following circumstances is present:
a. The involvement of the child was due to parental action or inaction;
b. The parent directed or ratified the involvement of the child;
c. The child acted as the parent’s agent or servant; or
22
Rule 7(6) and Rule 8(m).

d. The child was entrusted a dangerous weapon or instrument.23
In this case where the CIAC cannot be returned or reunited with the parents or guardians, the
child’s custody shall be determined based on what is provided under Section 5.1.1.
5.5.3. If any of the conditions in Section 5.2.2 of the Protocol appears, the LSWDO shall when
feasible encourage the CIAC’s parents to have the child voluntarily committed to an appropriate
facility. If the parents do not agree to a voluntary commitment, the LSWDO must initiate the
filing of a petition for involuntary commitment with the family court.
6. CIAC WHO IS ALSO A CICL
6.1. When a CIAC is also a CICL.
6.1.1. If after investigation by the government representative handling the CIAC’s case or after
interview of the CIAC by the social worker managing the child’s case, there is a reasonable
ground to believe that said child committed (a) acts that are considered GCRV;24
or (b) acts
punishable under the law other than those connected to the child’s involvement in armed conflict,
the government representative conducting the investigation and social worker managing the
child’s case shall proceed in handling said child as a CICL following the procedures used to
implement RA 9344 as amended.
6.1.2. Acts of a CIAC that are punishable under the law shall be considered not connected to the
child’s involvement in armed conflict (as stated in Section 6.1.1 above) when these acts were not
done pursuant to a directive of person/s belonging to an armed group or not done in furtherance
of the goal of the armed group where the child is involved.
6.1.3. If the government representative who is handling the investigation of the case is from the
military and there is a finding of basis to charge the CIAC as a CICL, said government
representative from the military must refer the matter to the PNP. The PNP shall then take over
the investigation of the case against the CIAC who is also a CICL and shall be responsible for
filing charges against the child pursuant to the existing Juvenile Justice and Welfare Act protocol.
6.2. Legal assistance if CICL.
In the event that the CIAC is also determined to be a CICL, the government representative
handling the child’s case and the social worker managing the child’s case shall immediately
notify the Public Attorney’s Office or any legal counsel preferred by the child of the fact that the
child is taken into custody (as described in Section 1.1) and the child shall be handled according
to the protocols used when handling CICL with the assistance of the parent/s or guardian and the
LSWDO.
6.3. Special handling of CICL who is a CSAC
While protocols when handling a CICL will be followed, special handling procedures will
continue to be adopted for a CICL who is also a CSAC given the security concerns that may
affect said child, the persons handling the child and other CICL.
7. REHABILITATION
7.1. Rehabilitation program for CIAC.
7.1.1.The CIAC shall undergo rehabilitation in accordance with Section 22 of RA11188, Rule 25
of the IRR and the provisions under this Section 7.
23
Inferred from Rule 10(d) of the IRR.
24
See Section 1.2(b) and Annex A of this Protocol.

7.1.2.The rehabilitation programs to be given shall aim at providing services for CIAC while
involving their families, communities and other entities to facilitate the children’s reintegration.25
(Reintegration is further discussed in Section 8 below.)
7.1.3. The civilian national or local government agencies and civil society organizations involved
in the implementation of the rehabilitation program shall facilitate the normal development of
children victims in their post-involvement phase.26
7.1.4. For community-based rehabilitation, the LCPC shall be involved in the provision and
monitoring of interventions given to the child and the LSWDO shall monitor the implementation
of these interventions. The LSWDO shall also coordinate with or refer to other civilian local and
national government agencies that can address the needs of the child during the rehabilitation
phase. Civilian agencies involved with the provision of interventions shall strictly adhere to this
Protocol and shall be advised to coordinate with the LSWDO and LCPC, in administering their
interventions.
7.1.5. The nature of rehabilitation interventions to be given a CIAC may differ or vary from the
rehabilitation given a CICL. If the CIAC is also a CICL as described under Rule 19 of the IRR,
the rehabilitation program to be given the child for his/her involvement in the armed conflict
may:
a. if determined appropriate by the court, be integrated in the diversion program created
pursuant to RA 9344 as amended (if the case of the CICL is pending in court); or
b. upon evaluation of the social worker and other implementors under the juvenile justice
protocol (e.g., diversion committee), be incorporated in or implemented separately from the
diversion or intervention programs created pursuant to RA 9344 as amended (if the case of
the CICL is not pending in court).
7.2. Assessment.
7.2.1. An assessment shall be undertaken by the LSWDO to determine whether the CIAC shall
be referred to residential care facilities or community-based mechanisms.27
When making this
assessment, the LSWDO shall be guided by the following:
a. Community-based rehabilitation shall be preferred over placement in facilities.28
b. Unless there are serious reasons indicating otherwise, parental care takes primacy in the
implementation of a rehabilitation program.
c. The PNP will be consulted if it is safe for the child to be returned to his/her family and
to the community
c. During assessment, the CIAC and the parents will be informed by the LSWDO of the
available rehabilitation programs and services of the government.
d. When feasible, a licensed social worker from the DSWD or from any organization
accredited by the DSWD will be consulted when conducting an assessment.
e. Relevant guidelines issued by the DSWD on the assessment of CIAC for rehabilitation
shall be followed.
25
Rule 25, par. 4, IRR.
26
Rule 25(b), IRR.
27
Rule 25 (b), IRR
28
Rule 25, par. 3, IRR.

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