A/HRC/39/CRP.2 1. Legal framework 326. International humanitarian law applies to all parties to an armed conflict, whether international or non-international, including non-State armed groups. Additionally, the Mission considers that non-State actors who hold effective control over territory and exercise government-like functions are obliged to respect human rights norms when their conduct affects the human rights of persons under their control. 712 327. Specifically with regard to the issue of recruitment, international law does not entitle non-State armed actors, regardless of whether they are a de facto authority over a particular part of the territory, to recruit on a compulsory or forced basis (either adults or children). Even if the rights of a non-State actor in control of territory to conscript the population into the armed forces were the same as that of a State, restrictions would still apply. It would still not be allowed to impose it in a manner that would render the recruitment unlawful or arbitrary.713 As for States, the (voluntary) recruitment of children into a non-State armed group is prohibited.714 This includes the recruitment of children in any capacity, including as fighters, cooks, porters, messengers, or spies.715 While the age limit is not set in customary international law, it is agreed that it at least applies to any child under 15 years. 716 It is also a human rights violation when the State fails to take all feasible measures to protect children under the age of 18 against recruitment by armed groups, whether forced or voluntary. 2. (a) Findings Failure to take feasible precautions in attack 328. According to the principle of precautions in attack, parties to the conflicts in northern Myanmar must take constant care to spare the civilian population, civilians and civilian objects. Information received by the Mission suggests that EAOs have in several instances failed to avoid or minimize incidental loss of civilian life, injury to civilians and damage to civilian objects. Some EAOs have also often failed to take into account humanitarian considerations when launching attacks, causing large numbers of civilians to flee. 329. For example, it was reported that in May 2018, the TNLA attacked government security posts in Muse Township, Shan State. According to this information, 18 people were killed in addition to a police captain. The Mission was unable to verify details of this incident, including whether the persons killed were civilians and how they had been killed. However, the TNLA reportedly stated that the “casualties were armed militia members and their families”.717 330. Fighting between two EAOs, the TNLA and the SSA-S, has led to massive displacement in northern Shan State. For example, it was reported that 300 civilians fled Mong Hway village, Mongton Township, Shan State in mid-March 2018, following clashes between the two armed groups. It was further reported that civilians were trapped in the crossfire and had to be evacuated by aid workers. 718 Later in March 2018, it was also stated that, during fighting between the TNLA and SSA-South in Taw Phe village, Kyaukme Township, Shan State, a shell allegedly exploded in the village killing two civilians and injuring others. As a result of the fighting, approximately 1,000 civilians fled the area.719 Earlier in July 2016, 712 713 714 715 716 717 718 719 See chapter II, section C: Legal framework. See this chapter, section A.6: Forced labour and forced recruitment of adults and children. ICRC/Customary IHL, rule 136. See also CRC, art. 38. See UN Children's Fund (UNICEF), The Paris Principles. Principles and Guidelines on Children Associated With Armed Forces or Armed Groups, February 2007, p. 7. Under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, which Myanmar signed but has not yet ratified, armed groups should not, under any circumstances, recruit persons under the age of 18 years. V-203, V-204. V-205, V-300. V-301. 83