Chapter 15 – Sanctions

The principle

To support the inclusion of child recruitment and use as a designation criterion in United Nations sanctions regimes aimed at supporting the political settlement of conflicts in the context of peacekeeping operations.

Why is this principle important?

When crafted and implemented appropriately, UN sanctions can apply pressure on perpetrators of grave violations against children – and can deter others – to help prevent and end the recruitment and use of child soldiers, including in the context of peacekeeping operations. Sanctions are meant to be used as a last resort when other measures have not been successful.

In order for UN sanctions to be levied against individuals for the recruitment and use of child soldiers, there must be a sanctions regime put in place by the UN Security Council, and that regime must be mandated to take action against the recruitment and use of child soldiers, grave violations against children, or human rights violations more generally.^{Endnote 154} In some cases, the UN Security Council may decide to identify the individuals or entities that are subject to targeted sanctions measures. In other cases, this is done by the sanctions committee established as part of a sanctions resolution. Sanctions committees are composed of Members of the UN Security Council and are sometimes supported by independent experts or panels of experts, who are appointed by the UN Secretary-General.

In UN Security Council resolution (UNSCR) 1539 (2004), the UN Security Council expressed for the first time its intention to consider imposing targeted and graduated measures against parties to a conflict that are violating the rights of children.^{Endnote 155} While this commitment was reaffirmed in further resolutions, these resolutions do not make the inclusion of preventing the recruitment and use of child soldiers a specific designation criterion for all sanctions regimes. Member States – both on or off of the UN Security Council – therefore have a role to play in advocating for the inclusion of preventing the recruitment and use of child soldiers as a designation criterion in sanctions regimes.

How can this principle be implemented?

Advocate for including the recruitment and use of child soldiers as a designation criterion in UN sanctions resolutions: Where appropriate, Members of the UN Security Council should include reference to the recruitment and use of child soldiers in resolutions establishing or renewing sanctions regimes. While voting on UN sanctions resolutions is the sole purview of UN Security Council members, non-Members can also encourage the inclusion of the recruitment and use of child soldiers as a designation criterion through statements and letters to the UN Security Council, and through bilateral engagement with UN Security Council Members. By identifying the recruitment and use of child soldiers as an explicit designation criterion, UN sanctions can then be levied against individuals or entities for this violation.

Support efforts to provide clear and timely information on the recruitment and use of child soldiers to the UN Security Council to inform UN sanctions deliberations: Sanctions mechanisms require timely information to operate effectively. Members of the UN Security Council – especially those chairing sanctions committees – can invite the Special Representative of the Secretary-General for Children and Armed Conflict (SRSG/CAAC) and/or the Special Procedures of the Human Rights Council to give briefings to the sanctions committee to enhance knowledge of persistent perpetrators and to encourage, where appropriate, the listing of individuals or entities responsible for the recruitment and use of child soldiers. Moreover, when sanctions regimes include specific designation criteria related to the recruitment and use of child soldiers, any Member State can request that the sanctions committee consider listing certain individuals or entities if they have credible and detailed information relevant to the recruitment and use of child soldiers. The UN Security Council can also draw on the information developed in the UN Security Council Working Group on Children and Armed Conflict (CAAC), including by organizing joint meetings between the Working Group and sanctions committees.

Strengthen the capacity of UN sanctions groups of experts: Sanctions committees are composed of Members of the Security Council, and are sometimes informed by the work of groups or panels of experts. The expertise required will depend on the sanctions imposed, but generally includes arms, natural resources, and/or human rights and humanitarian experts. Member States should propose the appointment of specific experts in child protection, particularly with regards to the recruitment and use of child soldiers. Moreover, Member States should be encouraged to provide relevant information on sanctions designations to the identified experts.

Examples and resources

Sanctions resolutions: Under UNSCR 2293 (2016), the UN Security Council included the recruitment or use of child soldiers as a criterion for designating individuals or entities under the Democratic Republic of the Congo (DRC) sanctions regime.^{Endnote 156}

Similarly, in UNSCR 2399 (2018), the UN Security Council included the recruitment or use of child soldiers as a criterion for designating individuals or entities under the Central African Republic (CAR) sanctions regime.^{Endnote 157}

Joint meetings: The UN Security Council Working Group on CAAC has held a number of informal consultations with UN Security Council sanctions committees, including the 2206 South Sudan Sanctions Committee on 14 March 2016, the 2140 Yemen Sanctions Committee on 22 September 2015, and the 2127 CAR Sanctions Committee on 3 December 2015.

Sanctions designations: In February 2006, the UN Security Council imposed a travel ban and asset freeze on Martin Kouakou Fofié, a commander of the Forces Nouvelles in Côte d’Ivoire, citing child recruitment as well as other violations including abductions, use of forced labor, sexual violence, and extrajudicial executions.^{Endnote 158}

Implementation checklist

To implement this principle, Member States should undertake the following:

• Advocate for including the recruitment and use of child soldiers as a designation criterion in UN sanctions resolutions.
• Support efforts to provide clear and timely information on the recruitment and use of child soldiers to the UN Security Council to inform UN sanctions deliberations.
• Strengthen the capacity of UN sanctions groups of experts.