18 year old dating a 16 year old legality

Article 4.3.c of Protocol II, additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, adopted in 1977, states "children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities".

Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which was adopted and signed in 2002, National armed forces can accept volunteers into their armed forces below the age of 18, but "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities".

According to one study, children have been used militarily across France and Africa.

Children are easy targets to recruit for military purposes because of their vulnerability to influence.

Refraining from recruiting children under fifteen does not exclude children who volunteer for armed service.

During the negotiations over the clause "take a part in hostilities" the word "direct" was added to it, this opens up the possibility that child volunteers could be involved indirectly in hostilities, gathering and transmitting military information, helping in the transportation of arms and munitions, provision of supplies etc.

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Some of these children live with physical and sexual torture.Many are seized and recruited by force whereas others join to escape their circumstances.On surface, the logic behind using child soldiers seems puzzling.Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose.Forced or compulsory recruitment of anyone under the age of 18 for use in armed conflict, is one of the predefined worst forms of child labour, deemed a form of slavery, in terms of the International Labour Organisation's Worst Forms of Child Labour Convention, 1999, adopted in 1999.

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