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Convention map

The legal standard, by year

Which rule applied to which actor, and when. The under-15 prohibition on recruitment and use of children in hostilities has been customary international law since at least 1977. The under-18 standard for non-state armed groups was binding on Sri Lanka — and on the LTTE and TMVP operating in its territory — from 12 February 2002.

1977Additional Protocols I & II to the Geneva Conventions
Threshold

Under-15 — no recruitment, no use in hostilities

Applies to

States and parties to non-international armed conflicts (AP II Art 4(3)(c))

Sri Lanka standing

Sri Lanka acceded — applicable throughout the conflict.

Source

ICRC IHL Databases

1989 / in force 1990UN Convention on the Rights of the Child (CRC), Art 38
Threshold

Under-15 — feasible measures to prevent recruitment and direct participation

Applies to

All States Parties

Sri Lanka standing

Sri Lanka ratified 12 July 1991.

Source

treaties.un.org

1998 / in force 2002Rome Statute of the International Criminal Court, Art 8(2)(e)(vii)
Threshold

Under-15 — "Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities" — WAR CRIME in non-international armed conflict

Applies to

Individual criminal responsibility; covers state and non-state armed groups ("armed forces or groups")

Sri Lanka standing

Sri Lanka has signed but not ratified the Rome Statute. The substantive prohibition reflects customary international law.

Source

icc-cpi.int / icrc.org

2000 / in force 12 Feb 2002Optional Protocol to the CRC on Children in Armed Conflict (OP-CAC), Art 4
Threshold

Under-18 — non-state armed groups "shall not, under any circumstances, recruit or use in hostilities"

Applies to

All non-state armed groups (binding on the State to prevent and criminalise)

Sri Lanka standing

Sri Lanka declared under Art 3(2) on 8 September 2000 (one of the earliest ratifying States). Protocol entered into force globally on 12 February 2002.

Source

treaties.un.org · Chapter IV.11.b · ICRC IHL Databases

2005UN Security Council Resolution 1612
Threshold

Monitoring & Reporting Mechanism (MRM) on six grave violations against children, including recruitment/use

Applies to

Country task forces under UNICEF lead; Annex I / II listings in the annual SG CAAC report

Sri Lanka standing

Sri Lanka MRM operational from 2006. LTTE and the Karuna faction listed in Annex II of A/61/529–S/2006/826, A/62/609–S/2007/757 and A/63/785–S/2009/158.

Source

docs.un.org · S/RES/1612(2005)

2007Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups, §2.1
Threshold

Under-18 — "in any capacity, including but not limited to children, boys, and girls used as fighters, cooks, porters, messengers, spies or for sexual purposes"

Applies to

Soft-law standard; UN, ICRC, donor governments and INGOs apply it operationally

Sri Lanka standing

Sri Lanka endorsed the broader Paris Commitments framework.

Source

unicef.org

Custom IHLICRC Customary IHL Rules 136 & 137
Threshold

Under-15 prohibition on recruitment and active participation — binding on all parties in all armed conflicts

Applies to

Customary international humanitarian law

Sri Lanka standing

Binding on the Sri Lankan state, the LTTE, the Karuna group, and TMVP throughout.

Source

ihl-databases.icrc.org

What this map is not

This is a teaching aid for understanding which legal standard applied to whom and when. It is not a prosecutorial filing. TLTE does not investigate, indict, or adjudicate. The instruments listed above are activated by accredited bodies — the ICC Prosecutor, UN treaty bodies, the OHCHR Sri Lanka Accountability Project (UNHRC 46/1, 51/1), national prosecutors with universal-jurisdiction reach.

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