Guidance Note on Attacks Against Schools and Hospitals

a Cover design by United Nations Graphic Design Unit/KSD/DPI Photo by UNICEF/NYHQ2006-1118/Brooks

Office of the Special Representative of the Secretary-General for Children and Armed Conflict

United Nations Secretariat New York, NY 10017, USA Tel.: (+1-212) 963-3178 Website: http://childrenandarmedconflict.un.org

United Nations, New York • 2014

Table of Contents

Preface ...... v

1. Introduction ...... 1

2. Security Council framework ...... 3

2.1 Attacks on schools and hospitals as one of the grave violations against children ...... 3

2.2 Key SCR 1998 provisions in relation to attacks on schools and hospitals ...... 3

2.3 International law applicable to attacks on schools and hospitals 4

3. Monitoring and reporting ...... 5

3.1 Country Task Forces on Monitoring and Reporting . . . . . 5

3.2 Secretary-General’s reports on Children and Armed Conflict . 5

3.3 SCR 1998 Monitoring and Reporting Definitions ...... 5

3.4 Other interferences with education and health ...... 10

4. Advocacy and dialogue with Parties to Conflict ...... 15

5. SCR 1998 Action Plans on attacks on schools and hospitals . . . . . 17

6. Advocacy to prevent and reduce the military use of schools . . . . 19

7. Strengthening partnerships ...... 21

7.1 Protection, Education and Health Clusters ...... 21

7.2 UNICEF education and health programs ...... 21

7.3 WHO and UNESCO ...... 22

7.4 Civil Society Partners ...... 22

7.5 Communities ...... 22

8. Useful resources ...... 23

Annex I ...... 25

Annex II ...... 29

Annex III ...... 31

Annex IV ...... 35

Annex V ...... 43 Blackboard in school damaged by attack in Sirte, Libya. @UNICEF/Giovanni Diffidenti. v

Preface

ttacks on schools and hospitals during armed conflict are alarmingly widespread and carry grave risks for children. These facilities save and sustain the lives of children Aand yet, during my field visits, I hear from victims, witnesses and field colleagues how schools and hospitals are damaged in crossfire and targeted attacks; how children, especially girls, are attacked on their way to school; how teachers and medical personnel are abducted and killed because of their work; and how schools and hospitals are closed due to looting, threats and military use. This is a daily reality for tens of thousands of children, standing in sharp contrast to the idea that schools and hospitals must remain safe places for learning and healing, most especially in times of armed conflict.

I cannot stress enough that schools, teachers, hospitals and medical personnel play a crucial role in providing children with a degree of normalcy and protection when they need it the most. I am pleased to see that the international community has put this firmly on its agenda. In July 2011, the Security Council adopted landmark resolution 1998, which highlights the impact of attacks on schools and hospitals on the safety, education and health of children during armed conflict, and calls for greater action to ensure that schools and hospitals have no part in warfare. Therefore, I encourage all United Nations partners, international organizations and civil society to work closely together on the implementation of this resolution. This Guid- ance Note was drafted in close cooperation with UNICEF, UNESCO, and the World Health Organization, and consulted broadly with pertinent actors, including with the United Nations Office of Legal Affairs. It is my hope that it will be a useful contribution towards the effective implementation of Security Council resolution 1998.

Leila Zerrougui Special Representative of the Secretary- General for Children and Armed Conflict

1. Introduction

his Guidance Note and its annexes provide practical guidance for UN and NGO partners in the field on the implementation of SCR 1998 (2011), which further strengthens Tthe Security Council Children and Armed Conflict agenda in highlighting the issue of attacks on schools and hospitals. With this in mind, the Guidance Note on SCR 1998 has the following objectives:

1. To enhance understanding of the Security Council’s framework to address issues concerning children and armed conflict, with particular reference to attacks on schools and hospitals;

2. To strengthen monitoring and reporting on attacks on schools and hospitals by providing key definitions and practical advice;

3. To promote advocacy and dialogue with parties to conflict on attacks on schools and hospitals, including an action plan template with concrete measures to halt and prevent violations;

4. To increase partnerships between various stakeholders for the implementation of SCR 1998 in relation to monitoring and reporting, as well as advocacy and dialogue;

This Guidance Note builds on and complements the MRM Field Manual and the MRM Guide- lines, which include more information on the establishment, structure and functioning of the MRM, as well as procedures for monitoring violations and advocacy. Particular reference is also made to previous guidance on the implementation of SCR 1882 (2009) on killing and maiming of children and rape and other forms of sexual violence. 2

A school principal shows bullets that hit his school, endangering the lives of school children. @UNICEF/OPTA2004-01339/Sabella. 3

2. Security Council framework

2.1 Attacks on schools and Of the six grave violations, the Security hospitals as one of the grave Council has instructed the Secretary-Gen- violations against children eral to list parties for 4 of the 6 violations. The Council initially requested the Secre- CR 1998 builds upon a strong frame- tary-General to attach to his report a list of work for the Council’s action on chil- parties to armed conflict that recruit or use Sdren and armed conflict. In several children. In its resolution 1882 (2009), the resolutions, including SCR 1261 (1999), Council expanded the trigger to include 1379 (2001), 1539 (2004), 1612 (2005) and patterns of killing and maiming of children in 1882 (2009), the Security Council provided contravention of international law and rape UN actors with a range of tools to address and other forms of sexual violence against grave violations against children during children. SCR 1998 (2011) instructed the armed conflict. This included the Council’s Secretary-General to list parties to conflict request that the Secretary General report who attack schools and/or hospitals and at- on the implementation of its resolutions tack or threaten to attack protected persons and presidential statements, and include in relation to schools or hospitals. The legal annexed lists of parties to armed conflict basis for these violations lies in relevant in- who are responsible for violations against ternational law, which in turn encompasses children. In addition, the Council request- international humanitarian law (IHL), interna- ed the establishment of a country-specific tional human rights law (IHRL), international MRM on grave violations against children in criminal law (ICL) and customary law. situations where such parties are listed, established a Security Council Working Group 2.2 Key SCR 1998 provisions on Children and Armed Conflict (SCWG- CAAC) to review reports and formulate in relation to attacks on country-specific recommendations; and schools and hospitals called for dialogue between the UN and In Resolution 1998, the Security Council fur- listed parties on the development of con- ther highlighted the violation of attacks on crete and time-bound Action Plans to halt schools and hospitals, providing clear direc- and prevent violations. tion on its understanding of the violation’s subcategories and expanding the trigger for In the implementation of the Children and listing of parties to the conflict in the Annual Armed Conflict mandate, the Secretary-Gen- Report’s annexes: eral identified six grave violations committed against children during armed conflict: In paragraph 3 of SCR 1998, the Security Council specifically requested “the Secretary- General to also include in the annexes to his 1. Recruitment and use of children reports on children and armed conflict those 2. Killing or maiming of children parties to armed conflict that engage, in contravention of applicable international law: 3. Sexual violence against children (a) In recurrent attacks on schools and/or 4. Attacks against schools or hospitals hospitals; 5. Abduction of children (b) In recurrent attacks or threats of attacks 6. Denial of humanitarian access against protected persons in relation to schools and/or hospitals […]” 4

In paragraphs 6(c) and (d) of its resolution ures to deter the use of schools by armed 1998, the Council further called upon those forces and armed non-State groups”. It spe- parties listed in the annexes of the Secretary- cifically called upon United Nations country General’s Annual Report that commit such task forces “to enhance the monitoring and attacks or threats of attacks, “to prepare reporting on the military use of schools”. without delay concrete, time-bound action However, the Council did not include the plans to halt those violations and abuses” military use of schools and hospitals per se and “undertake specific commitments and as a criterion for listing in line with SCR 1998, measures in this regard.” and it therefore falls outside the SCR 1998 action plan process. Therefore, reporting on Further, in paragraph 4 of the resolution, the military use of schools and hospitals should Council explicitly urged “parties to armed be reported upon in detail, but separately. conflict to refrain from actions that impede children’s access to education and to health services” and requested “the Secretary- 2.3 International law applicable General to continue to monitor and report, to attacks on schools and inter alia, on the military use of schools and hospitals hospitals, in contravention of international humanitarian law, as well as on attacks During armed conflict, international hu- against, and/or kidnapping of teachers and manitarian law (IHL) and international human medical personnel.” rights law (IHRL) must be respected, with special regard to the needs and welfare of In summary, in SCR 1998 the Security Coun- children. The full range of children’s rights— cil puts forward the following subcategories economic, social and cultural, as well as polit- of recurrent attacks on schools and hospitals ical and civil—must be respected, protected by parties to conflict as a trigger for listing: and fulfilled in accordance with international obligations. It is generally recognized that ff Attacks against schools and/or hospitals; the Security Council based its resolutions on children and armed conflict on applica- ff Attacks against protected persons in rela- ble international law and that “violations” tion to schools and/or hospitals; in the Council’s language are actually vio- ff Threats of attacks against protected per- lations of international legal protections af- sons in relation to schools and/or hospitals. forded to children. Four bodies of law form this legal framework: IHL (in times of armed The Security Council also urged parties to conflict), IHRL (both in times of peace and armed conflict to refrain from actions that armed conflict), international criminal law impede children’s access to education and and national law, and customary law. While health services, including the military use of distinct from each other, they generally ap- schools and/or hospitals, requesting the Sec- ply concurrently and mutually reinforce each retary-General to continue to monitor and re- other. It is important to note, however, that port, inter alia, on the military use of schools international obligations may vary on a case- and hospitals in contravention of internation- by-case basis, depending on the nature of al humanitarian law in his Annual Report. In the armed conflict and the applicable legal Resolution 2143 (2014), the Security Council framework, including treaty law and national further elaborated on this issue, expressing law, in a given country situation. “deep concern at the military use of schools in contravention of applicable international law, recognizing that such use may render In Annex I of this Guidance Note, the schools legitimate targets of attack, thus en- legal framework regarding the violation dangering children’s and teacher’s safety as of attacks on schools and hospitals is well as children’s education”. Furthermore, it presented in more detail, with a view to urged “all parties to conflict to respect the ci- supporting the advocacy of child pro- vilian character of schools” and encouraged tection partners in the field. Governments “to consider concrete meas- 5

3. Monitoring and reporting

he monitoring and reporting mecha- 3.2 Secretary-General’s reports nism was laid out in the Secretary- on Children and Armed TGeneral’s report to the Security Conflict Council (S/2005/72) and endorsed in SCR 1612. For clarity, the structure of the country The CTFMR, in MRM country situations task forces and the reporting requirements where parties are listed, or the United Na- are laid out in abbreviated form below. tions Country Teams, in other situations, provide inputs to the Office of the Special Rep- resentative for Children and Armed Conflict 3.1 Country Task Forces on (OSRSG-CAAC) in preparation of the: Monitoring and Reporting 1. Secretary-General’s Annual Report on The Monitoring and Reporting Mechanism Children and Armed Conflict to the Se- (MRM) is a Security Council mandated struc- curity Council; ture to monitor and report on the six grave 2. Secretary-General’s country-specific re- violations against children during armed ports to the Security Council Working conflict. In the 14 countries where the MRM Group on Children and Armed Conflict is implemented as of 2013 (S/2013/245), it is resulting in the adoption of recommen- done through a Country Task Force on Mon- dations directed at parties to conflict, UN itoring and Reporting (CTFMR), co-chaired actors and the donor community; by the highest UN authority in country (Spe- cial Representative of the Secretary-General 3. Quarterly Global Horizontal Notes (GHN) or Resident Coordinator) and the UNICEF providing regular updates to the SCWG- country representative. The CTFMR’s com- CAAC on violations and progress on dia- position is decided upon at country level and logue and Action Plans in MRM country is generally composed of representatives situations and other emerging situations. of various UN entities, including UNICEF, DPKO, DPA, WHO, UNESCO OHCHR, UN- 3.3 SCR 1998 Monitoring and HCR and ILO, as well as international and lo- Reporting Definitions cal NGOs. This section clarifies the subcategories of at- The UNICEF, DPKO and DPA child protec- tacks on schools and hospitals and the type tion sections usually convene the CTFMR, of information needed for monitoring and take the lead in monitoring and reporting reporting on these violations. While previous activities and manage the MRM database Security Council resolutions on children and on grave violations against children, in co- armed conflict generally included attacks on operation with the other members of the schools and hospitals as one of the six grave CTFMR. The CTFMR is also responsible for violations against children, SCR 1998 provid- entering into dialogue with parties to con- ed more detail on the scope of this violation. flict, both armed forces and armed groups, “Attacks on schools and hospitals” serves as to halt and prevent grave violations against an umbrella term for those acts which put at children, including through the develop- risk the integrity of schools, hospitals, educa- ment and implementation of Action Plans in tion and medical personnel, as well as chil- line with SCRs 1612, 1882 and 1998, consist- dren seeking medical care or education, and ing of concrete and time-bound activities to undermine the basic right to education and be undertaken by listed parties. health care in times of armed conflict. 6

cal personnel, which are all “health-related” Annex II provides a glossary of useful incidents, but which may not all qualify for definitions relevant to monitoring and listing. Some of these acts normally consti- reporting, advocacy and dialogue on tute violations of international humanitar- attacks on schools and hospitals in ian law, but if the schools or hospitals were accordance with SCR 1998 and which used to launch military operations and ci- apply to all sections of this Guidance vilians, in particular education personnel Note. were directly participating in hostilities or medical personnel committing acts harmful to the enemy, outside their humanitarian The general notion of attacks on schools function, they may be considered as lawful and hospitals will be further disaggregated targets. Therefore, each incident should be for monitoring and reporting purposes into carefully examined to determine whether it “education-related” and “health care-relat- constitutes a basis to list parties in line with ed” incidents. However, it is important to SCR 1998. note that not all acts affecting education and health care during armed conflict are With a view to increasing clarity in monitor- violations of international law and that not ing and reporting, depicting a more accu- all such acts are criteria for listing in line rate image of the diversity of incidents in- with SCR 1998. For example, the shelling of cluded in “attacks on schools and hospitals”, schools, targeted attacks against teachers, and ensuring more effective advocacy with and the use of schools as military barracks Governments and armed groups, it is cru- are all “education-related” incidents that cial to integrate these important distinctions should be monitored, but only some meet into the ongoing monitoring and reporting the criteria for listing. This equally applies work. This Guidance Note therefore sug- to, for example, the looting of hospitals, tar- gests differentiating violations according geting of ambulances and coercion of medi- to the following breakdown structure:

Monitoring & Reporting on Attacks on Schools & Hospitals

Education-Related Incidents Health Care-Related Incidents

• Attacks on Schools • Attacks on Hospitals

• Attacks on Education Personnel • Attacks on Medical Personnel

• Threats of Attacks • Threats of Attacks

• Military Use of Schools • Military Use of Hospitals

• Other Interference with Education • Other Interference with Health Care

3.3.1 Attacks on schools and hospitals forced closure. For monitoring and reporting purposes, further disaggregation is made Physical attacks on schools and hospitals can into the following three subcategories: have devastating consequences not only on the lives of children, patients, education and (1) Targeted/deliberate attacks medical personnel, but also on the ability of those facilities to function properly. Such Gathering details on the intention of parties attacks may therefore compromise the fun- to deliberately target schools or hospitals damental right to education and health. At- may be difficult. However, it is sometimes tacks often reduce the capacity of schools possible to ascertain whether the school or and hospitals, limit safe access to education hospital was the object of attack, particularly or medical care, and sometimes render these when it is directly hit by shells or mortars. facilities completely unusable leading to their Targeted/deliberate attacks on schools and 7

hospitals constitute a violation even when fluid frontlines. While the parties may not such facilities are closed overnight, during be able to completely eliminate the effects weekends or holidays, or abandoned for of hostilities, certain deaths and injuries of other reasons, provided that they were not medical personnel and damage to medical used for military purposes. Schools and hos- objects may therefore not constitute a viola- pitals used for military purposes by a party to tion. Such incidents should be still reported conflict can be considered targets that may and feed into advocacy. be lawfully attacked by the opposing party to conflict. This is of particular concern when (3) Looting/ pillaging, and extensive schools or hospitals are used while children, destruction and appropriation of property, education or medical personnel are present not justified by military necessity and carried in the facilities alongside the party using the out wantonly school or hospital for military purposes. An- Looting/pillaging and destruction, not justi- nex I provides further details on the criteria fied by military necessity (wanton destruc- under which schools and hospitals may lose tion) during armed conflict are violations their protected status. within the meaning of attacks on schools and hospitals. This applies to all schools (2) Indiscriminate attacks/crossfire incidents and hospitals at all times: whether open or Indiscriminate attacks that are not directed at closed; permanent, temporary, makeshift or a specific military objective; employ a meth- mobile, including medical and school trans- od or means that cannot be directed at a ports; during the course of military use of specific military objective or employ a meth- the facilities or in the course of “hit and run” od or means of combat the effects of which attacks. When, looting/pillaging or wanton cannot be limited as required under inter- destruction occurs, it is necessary to cata- national humanitarian law For example, if a logue what and how much was taken or de- party to conflict shells a sniper position with- stroyed and how essential those items are to out forewarning or precautions to protect ci- the continued functioning of the school or vilians from incidental harm in relation to the hospital. In some cases, such acts may lead concrete and direct military advantage in a to closures or reduced school attendance or A girl looks through a hole in a wall in her school, in the densely populated town, killing civilians and patients’ access after an attack. It would be Tal Al Hawa neighbourhood damaging a nearby school, it is considered important to investigate whether these acts of Gaza City. @UNICEF/NYHQ2009-0062/ an indiscriminate attack. When two or more are linked to political or ideological motives. El Baba. parties to conflict are engaging in hostilities and fighting inside or near schools, these facilities may be inadvertently caught in crossfire, which may not constitute an indiscriminate attack. International humanitarian law accommodates certain incidental civilian deaths and injuries and damage to civilian objects if they are not excessive in relation to the concrete and direct military advantage anticipated from an attack. In such cases, it is suggested to gather details in the same manner as for targeted/deliberate attacks, while making sure to clearly understand the circumstances and the duration of the incident. The information to be collected may include at what distance the hostilities took place, the means and methods used, and which parties were involved. Mobile medical units and ambulances may sometimes be in proximity of hostilities to exercise their medical and humanitarian functions because of 8

Examples of attacks MRM Listing Advocacy IHL on schools and hospitals reporting violation point violation

1. An armed group attacks a makeshift clinic X X X X and loots all furniture and medical supplies.

2. Crossfire from a party to the conflict dam- X X ages school infrastructure.

3. A school is destroyed during indiscriminate X X X X bombing of a residential area.

4. An armed group detonates an improvised explosive device at a military unit at the entrance of a hospital without giving a prior X X X X warning with an appropriate time-limit for the military unit to leave.

5. An armed group conducts a raid on a school, X X X X abducting and forcibly recruiting children.

6. During fighting in a village, an abandoned X X school is damaged in the crossfire.

With regard to physical attacks on schools ff When the attack occurred, including and hospitals, the following information is date, time of day, whether the facility crucial in order to fully document specific was open, closed, abandoned or used for incidents: military purposes, and whether children, education or medical personnel were ff What school or hospital was targeted, present during the attack; including school or hospital name, loca- ff How the facilities were attacked, including tion (province, town/village, street or lo- means and methods of warfare, length of cal descriptive), administration (public/ the attack, any warnings given, as well as private), type (fixed, temporary, mobile), a preliminary determination whether the and whether it was used for military pur- attack was deliberate or indiscriminate; poses; ff Consequences of the attack, including on ff Which party to conflict is responsible, the physical structure, its resources and including, where possible, unit and com- ability to function following the attack, manders involved, as well as patterns numbers of children taught or treated of attacks from particular units or com- before and after the attack, and displace- manders; ment caused by the attack.

3. When did the attack or threat occur? 2. Which party 4. How was to conflict is X attacked or responsible? threatened?

Attacks & threats against 1. Who or which schools, hospitals 5. What were the school/hospital & protected consequences was attacked or persons of the attack or threatened? threat? 9

3.3.2 Attacks on related protected whether the persons were displaced due to persons. Who are they? the attack.

Under Security Council Resolutions 1998 To be considered a violation under SCR and 2143, protected persons are consid- 1998, an attack on related protected per- ered to be teachers, doctors as well as sons, must bear a clear link to the act of other educational personnel, but also stu- providing education or medical care. For dents and patients. Attacks against pro- instance, a targeted attack on a vaccination tected persons in relation to schools and worker owing specifically to his or her work hospitals include the killing, maiming, injur- as a health provider is a violation. A teaching, abduction, and use as human shields er, however, who participates in combat in of education and medical personnel. In re- support of one of the parties to the conflict cording and verifying information on specific may be lawfully targeted during his/her incidents, it is essential to know as much as engagement in combat and therefore, at- possible about the identity of the victims, tacking such person is not a violation under including, whether they were directly par- SCR 1998. Annex I provides further details ticipating in hostilities or committing acts on the criteria under which education and harmful to the enemy, respectively, and, as medical personnel may lose their protected appropriate, their age, gender, ethnicity, status. While challenging, it is important for religion, minority status, socio-economic monitoring and reporting purposes to as- background, perceived connections with certain whether the provision of education parties to conflict, possible prior threats or or health care was the factor that precipitat- other incidents involving any of the parties ed the attack. In such cases where it is not to conflict. In addition, when a person has possible to determine the link between the survived an attack, it is important to note attack and the targeted person’s role as a the gravity of the injuries, the ability or will- provider of education or health care, the in- ingness of the person to continue to pursue cident should not be included as an attack their educational or medical profession, and on related protected persons.

Examples of attacks MRM Listing Advocacy IHL on protected persons reporting violation point violation

1. An armed group loots a medical transport and kills one of the doctors in the course of X X X X the attack.

2. A teacher participated in political protests and X X is afterwards arrested in his/her classroom.

4. A teacher not directly participating in hostilities is killed by an improvised explosive de- X X X X vice on his or her way to school.

5. A teacher is targeted and killed for fulfilling his or her legal duty to participate in election X X polling.

3.3.3 Threats of attacks on schools, schools and/or hospitals.. In order to qualify hospitals and related protected as a violation for monitoring and reporting persons purposes and in line with SCR 1998, a threat must be: Explicit threats

Another subcategory of attacks on schools 1. Directed toward a particular individual or and hospitals is recurrent threats of attacks group of persons related to the seeking against protected persons in relation to or provision of education or health care; 10

2. Credible, in that there is reasonable likeli- sages vilifying vaccination workers. When hood to believe that such attacks could monitoring and reporting on such threats, be carried out. it is important to note the alleged source, exact contents and form of the threat as Threats can be public or private, written or well as details of the target. It is also use- oral, addressed to an individual or a group ful to determine if any protective measures of persons, directly addressed to the educa- were taken in response to the threat and the tion or medical facility, and can span a wide consequence of the threat including the tar- range of forms, including, for instance, let- geted person’s flight or reduced access to ters targeting girls’ education or radio mes- schools or hospitals.

MRM Listing Advocacy IHL Examples of threats of attacks reporting violation point violation

1. Members of an armed group circulate messages threatening to attack girls for going to X X X X school.

2. An armed group vocally opposes and threat- ens to attack schools providing secular edu- X X X X cation.

3. Polio vaccination workers are targeted in at- X X X X tacks across the country.

4. Government forces coerce medical person- X X X X nel to withhold health care from children.

General climate of fear and insecurity tary purposes, including as barracks, sniper or defensive positions, munitions depots, While a general volatile security climate detention centers, recruiting grounds, and can certainly impact access to schools and training facilities. This can include parts of hospitals for education and medical per- facilities that are central to the functions of sonnel, as well as children and their fami- schools and hospitals, such as classrooms, lies, this sort of implicit threat is not nec- essarily linked to concrete incidents and or peripheral, like playgrounds or water and does not fall within the SCR 1998 frame- sanitation facilities. There is no explicit pro- work. However, it is important to be aware hibition on military use of civilian objects of the effects of a more generalized climate in applicable international law and military of fear to better understand the challenges use is not a criterion for listing parties in to ensure accessible education and health the Annual Report for attacks on schools care. When a pattern of such fear consist- and hospitals. However, SCR 1998 explic- ently blocks children’s access, it is crucial to itly mentions the use of schools and hos- note as part of the overall context of other pitals for military purposes as a concern violations. Advocacy and response should and an integral part of monitoring and re- then be adjusted accordingly. porting. Furthermore, SCR 2143 expresses deep concern at the military use of schools 3.4 Other interferences and recognizes that such use may render with education and health schools legitimate targets of attack, endangering children’s and teacher’s safety. Military use of schools and hospitals Governments are encouraged to consider Armed forces and armed groups may use concrete measures to deter the military use schools and hospitals for a variety of mili- of schools. 11

and type (fixed, temporary, mobile), pre- Terminology: vious military use; “occupation” vs. “military use” ff Which party to conflict is responsible, of schools and hospitals including, where possible, unit and com- When armed forces or armed groups manders involved, as well as patterns of fully or partially take over a school or military use from particular units or com- hospital, it is sometimes colloquially manders or other armed actors present in referred to as “occupation.” However, the area; it is important to make a clear distinc- ff When and for how long the military use tion between such “occupation” of occurred, including starting and end- schools and hospitals by parties to ing date, length in hours/days/weeks/ conflict, and the legal notion of “oc- months/years, whether the facility was cupation” under the Fourth Geneva functioning at the time the military use Convention which relates to “belliger- commenced (even if it was during a ent occupation” of a territory during school vacation, the weekend or at night) an international armed conflict. In or- or was closed or abandoned, and wheth- der to avoid confusion and to ensure er the school remained open during the clarity regarding the obligations of military use; parties to conflict, the term “military use of schools and hospitals” should ff Whether children were present during be used instead of “military occupa- the military use, including interaction be- tion of schools and hospitals.” tween children and members of armed forces or armed groups, and the occur- rence of other grave violations against Regarding military use of schools and hospi- children; tals, the following information is considered ff How it was used, including purpose and essential during the data gathering exercise methods of use, physical damage or forti- to feed into reporting, advocacy and reme- fications to the facilities, medical supplies dial action. Although much of this mirrors the or education materials, and checkpoints information required regarding attacks and placed in the vicinity; threats, there are some particular nuances to monitoring and reporting on the use of ff Consequences for the right to education schools and hospitals for military purposes. or health, including the number of children taught or treated including any gen- ff What was used for military purposes, in- der or community-specific drop in school cluding school or hospital name, location attendance, during and after military use, (province, town/village, street or local de- access to and quality of alternatives pro- scriptive), administration (public/private), vided, remedial action by authorities.

MRM Listing Advocacy IHL Examples of military use of hospitals reporting violation point violation

1. Armed forces are positioned at the entrance of a hospital to filter patients in search of X X wounded armed group members.

2. Armed forces or armed groups prevent pas- sage of wounded seeking health care in a X X X clinic nearby.

3. An armed group locates its operational cent- X X X X er in a fully functioning hospital.

4. An armed force uses a hospital as a weapons X X X depot. 12

MRM Listing Advocacy IHL Examples of military use of schools reporting violation point violation

1. A military detachment frequently uses a near- X X by school’s water and sanitation facilities.

2. Armed forces use the school grounds as storage and ammunition depot during X X school holidays.

3. Armed forces forcibly enter a school while in X X session to establish an observation post.

4. An armed group deliberately attacks a school inside of which a military outpost is X X stationed.

5. With consent of the school, armed forces X X conduct civil-military exercises with children.

6. On request, armed forces escort teachers on X X their way to school to protect them.

7. An abandoned school is used as a military X X barracks, preventing its return to civilian use.

8. Military installations are placed inside functioning schools to shield the bases and X X X X weaponry from attack.

Use of schools for alternative civilian purposes but also thereafter. In some cases, the use of schools for such purposes may lead to in- Sometimes schools may be used for other creased police presence or military protec- civilian purposes, such as temporary shelter tion in or around the school, which can result for internally displaced persons or as polling in an increased risk of attack and impact on stations during elections. While this is not a the children’s right to access education under violation of international law, this may be a IHRL. While these types of incidents may be concern in certain conflict contexts and may affect children’s access to education. The as- monitored and raised in advocacy with the sociation of schools with Government activi- Government or non-State armed groups, the ties or political events may lead to targeting use of schools for civilian purposes is not a vi- and put children, schools and teachers at olation in the framework of SCR 1998 nor is it risk of attack not only during its civilian use, a violation of international humanitarian law.

Examples of use of schools for civilian MRM Listing Advocacy IHL purposes reporting violation point violation

1. Schools are used, in accordance with national X law, for the organization of elections.

2. Schools and hospitals are, on instruction of X the Government, used as IDP shelters. 13

Sub-violations serving as triggers for listing riod; this excludes single, isolated incidents or the random conduct of an individual act- While “attacks on schools and hospitals” ing alone. The concept of “recurrent” con- serves as an umbrella term for a number of notes a multiple commission of such acts. subcategories of this violation, SCR 1998 identified three specific “sub-violations” as criteria for listing in the Annual Report. Annex III contains a series of Ques- Notion of “recurrent” attacks or threats tions and Answers on the listing, de- of attacks listing and Action Plan process, as well as more information about the roles of The Security Council specified in its resolu- both the UN and the listed party in the tion 1998 that parties to conflict should be SCR 1998 Action Plan development listed for “recurrent” attacks or threats of at- and implementation. Together with tacks on schools, hospitals and related pro- the template for a SCR 1998 Action tected persons, as applicable. The term “re- Plan in Annex IV, these two annexes current” signifies that, for listing purposes, it are specific for UN actors involved in should be established that a party to conflict the negotiation and follow-up on such has committed such attacks or threats of at- Action Plans. A boy treated tacks several times during one reporting pe- at Malakal Teaching Hospital in South Sudan. UN Photo/Tim McKulka. 14

LEBANON: Children sit by a shrapnel-riddled wall during an arts-and-craft session at a school in the southern village of Barrachit. UNICEF/HQ07-0795/Nicoleb Toutoun. 15

4. Advocacy and dialogue with Parties to Conflict

his section aims to provide general tarian function, after a warning coupled with guidance for advocacy on attacks on a time-limit in appropriate cases has not Tschools and hospitals and related pro- been complied with. tected persons by providing a series of key messages for interaction with Governments, 2. Precautions in attack armed forces and armed groups; clarifying Even when a party to conflict believes that the process for listing and de-listing parties civilians, including education or medical per- to conflict for attacks on schools and hospi- sonnel are directly participating in hostilities, tals in accordance with SCR 1998; and pro- or that a civilian object, including schools or posing concrete measures to address the hospitals, has lost its protected status owing issue of military use of schools, short of the to military use, the attacking party must still SCR 1998 Action Plan process. take precautions in attack, including taking all feasible measures to limit the effects on Advocacy on attacks on schools and hospi- civilians, especially children. tals occurs in many places, by a variety of UN and other international and local actors, by 3. Compromised functioning way of prevention and long before any party to conflict is listed in the Annual Report. The Parties to conflict are prohibited from undu- points outlined below are intended to sum- ly/arbitrarily interfering with or obstructing marize some of the main messages regard- the provision of education or health care for ing the protection of schools, hospitals and children, including by threats against, intimi- related protected persons, to be used by dation, coercion or abduction of protected child protection actors involved in advo- persons or the pillaging and wanton de- cacy and dialogue with parties to conflict struction and other interferences resulting before and during the negotiation of a SCR in the compromised functioning or forced 1998 Action Plan. closure of schools or hospitals.

1. Distinction 4. Partial military use of schools To avoid putting children and teachers at Parties to conflict should at all times distin- risk of attack, parties to conflict should ful- guish between civilians and combatants, as ly comply with the obligation to take pre- well as between civilian objects and military cautions against the effects of attacks on objectives. They should not target civilians, schools or hospitals, and therefore avoid including education personnel unless and partially using schools for military purposes for such time as they participate directly in at the same time as children and education hostilities nor target schools unless in the personnel are present. prevailing circumstances at a certain time their use makes an effective contribution to 5. Full military use of schools military action and their total or partial destruction, capture or neutralization offers a While there is no explicit general prohibition definite military advantage, and thus consti- on military use of schools in international tute legitimate military objectives. Parties to law, all parties to conflict have the obliga- conflict should not target medical personnel tion under IHRL to, at a minimum, not in- or hospitals, unless they are committing acts terfere with or obstruct the right of children harmful to the enemy, outside their humani- to education, and should therefore only re- 16

move children and use schools for military including Education, Health, Defense, Social purposes as a measure of last resort, for the and Interior Affairs have a role to play in this shortest time and in the least disruptive and regard. damaging way possible; Where full use occurs, access to alternative forms of educa- 8. Obligations for armed groups tion should be provided by the Government Organized non-State armed groups, like and not interfered with by armed groups. States, must comply with IHL. While Govern- ments have the sole responsibility to enact 6. Special status of hospitals, medical legislation and to prosecute violations of transports and medical personnel international law, non-State armed groups Above and beyond the general protections should respect human rights and not inter- afforded to civilian objects, hospitals benefit fere or obstruct in any way in the enjoyment from specific protection under IHL. This in- of human rights, including access to educa- cludes the additional obligation to issue a tion and health. warning by an attacker to enable those committing acts harmful to the enemy, outside 9. Raising awareness of legal protections their humanitarian function, to cease such Parties to conflict are encouraged to un- acts. Only upon noncompliance with such dertake concrete and pro-active measures a specific warning, an attack on a hospital in order to meet their international obliga- that has lost its protection may take place. tions regarding the protection of schools, Furthermore, to increase visibility of such hospitals and related protected persons, specifically protected objects, medical units, including by raising awareness among the including hospitals are entitled to use one of rank-and-file, as well as inclusion of child the distinctive emblems of the red cross, the protection measures in military training and red crescent or the red crystal. standard operating procedures.

7. Responsibilities of Governments 10. Remedial and protective measures

All parties to conflict must comply with IHL. Parties to conflict should respect the civil- Governments must also respect, protect ian status of schools and hospitals, including and fulfill human rights consistent with their by vacating and de-militarizing schools and international legal obligations, including the allowing communities, the UN and other in- minimum essential levels of the rights to ed- ternational and local actors to provide for re- ucation and health for children, and to en- parative and protective measures, including sure accountability for violations of the right repairing damage, clearing military hazards to education and health. Various Ministries, for reopened schools and hospitals. 17

5. SCR 1998 Action Plans on attacks on schools and hospitals

ne of the main elements in SCR 1998 is the expansion of the criteria for the Annex IV of this Guidance Note pro- Olisting of parties to conflict in the Sec- vides a template for a SCR 1998 Ac- retary-General’s Annual Report on Children tion Plan between a listed party and and Armed Conflict, to include recurrent at- the UN on attacks on schools, hospi- tacks on schools and hospitals. In line with tals and related protected persons. previous resolutions, the Council called upon While this Action Plan could apply to listed parties to enter into dialogue with the both Government armed forces and UN to develop and implement Action Plans non-State armed groups, some of the with concrete and time-bound activities to highlighted provisions only apply to one of these parties to conflict. A classroom in the Gaza Strip. halt and prevent attacks and threats of at- A wall has been built in front tacks on schools, hospitals and protected of the windows to protect children from stray bullets. persons in relation to schools and hospitals. © UNICEF/OPTA2004-01309/ Sabella. 18

A mother and her child at the Halabja Maternity and Child Hospital, Iraq. UN Photo/Bikem Ekberzade. 19

6. Advocacy to prevent and reduce the military use of schools

hile the Security Council in Res- doctrine and jurisprudence. Here are some olution 1998 urged parties to examples of such best practices: conflict to refrain from actions W 1. National legislation: “Public infrastructure that impede children’s access to educa- such as schools, hospitals and rural health tion in times of armed conflict, such as the units shall not be utilized for military military use of schools, and requested the purposes such as command posts, bar- Secretary-General to continue to report on racks, detachments and supply depots.” this issue, such use is not a criterion for list- (Special Protection of Children against ing. Acknowledging, however, in SCR 2143, Abuse, Exploitation and Discrimination that military use of schools may result in Act, Philippines) increased risk of attack, as well as harm to children’s education, the Council urged all 2. Military orders: “I am hereby once again parties to armed conflict to respect the ci- repeating my message to all of you about vilian character of schools and encouraged occupation of schools by our army. This Governments to consider concrete meas- act of occupation is deplorable and it is ures to deter the military use of schools. In [in] violation of our law of land. Besides, this regard, this section suggests a number you are depriving our children from the of avenues for advocacy to prevent military much needed education. I hereby order use of schools, which include practices set you to urgently evacuate the following by some Governments, the development of schools occupied by the forces under the Lucens Guidelines, and the proposed your direct commands. Failure to evacu- draft Operational Strategy for engaging with ate the above mentioned schools will lead armed forces and armed groups. to severe disciplinary actions and the act is a serious violation of the law of our land Annex V proposes a draft Operational which shall bear regrettable implications Strategy, short of SCR 1998 Action on each of you” (Order from the Office of Plans, for engaging armed forces and the Deputy Chief of General Staff for Po- armed groups in a voluntary commit- litical Military Operations, Deputy Chief ment to take practical steps to further of General Staff for Moral Orientation, prevent military use of schools. Im- 16 April 2012, South Sudan) plementation of such a commitment 3. Military manuals and doctrine: “Consider- would be driven by the party and sup- ing international humanitarian law norms, ported by the UN. it is considered a clear violation of the principle of distinction and the principle Examples of good practices in addressing of precaution in attacks, and therefore a military use schools by State Forces serious fault, the fact that a commander occupies or allows the occupation by his Due to the threat that the military use of troops of public institutions such as edu- schools poses to children and their access to cation establishments.” (General Com- education, some Governments have begun mander of the Military Forces, order of 6 to take action to restrict the military use of July 2010, Colombia) schools by armed forces. Examples of best practices may be found in national legisla- 4. Jurisprudence: “It should be ensured tion, military orders, military manuals and that the school buildings and hostels are 20

not allowed to be occupied by the security forces in the future for whatsoever Global Coalition to Protect Education purpose.” (Exploitation of Children in from Attack, “Draft Lucens Guidelines Orphanages in the State of Tamil Nadu for Protecting Schools and Universities v. Union of India, Writ Petition, No. 102 from Military Use,” 2013. http://www. (2007), Indian Supreme Court, 1 Sep- protectingeducation.org/sites/de- tember 2010) fault/files/documents/draft_lucens_ guidelines.pdf “Lucens Guidelines” for protecting schools from military use during armed conflict Operational Strategy for the prevention The Global Coalition to Protect Education of military use of schools from Attack (GCPEA), created in 2010 and The annexed Operational Strategy to reduce composed of UN agencies and civil society the military use of schools aims to address organizations, spearheaded a process, in the concern raised by the Security Council close consultation with representatives from in SCR 1998 and 2143 over the military use ministries of foreign affairs, defense and of schools by Government armed forces and education, as well as military experts, child non-State armed groups, and the impact protection actors, education specialists, and thereof on the safety of schoolchildren and international humanitarian and human rights their teachers as well as the right to educa- lawyers, to devise guidelines for protect- tion. Complementing and building on the ing schools from use by armed forces and principles outlined in the Lucens Guidelines, armed groups in support of their military ef- the Operational Strategy provides a number fort, otherwise known as the “Lucens Guide- of concrete, practical activities that can be lines.” This initiative is aimed at increasing voluntarily undertaken by parties to conflict, knowledge and understanding, improving both State and non-State, with a view to fol- monitoring and reporting, and advocating low up on the Council’s encouragement to for clear and explicit domestic legislation consider concrete measures to deter the or military doctrine and policies on the in- military use of schools by all parties to confl- teraction of military forces with schools and cit. It is crucial to note that this Operational school children aiming at the reduction and Strategy is separate and distinct from the eventual elimination of this practice. listing and de-listing process in accordance Member States are encouraged, both in with SCR 1998, and is not an Action Plan. times of conflict and peace, to support The Operational Strategy, however, may and adhere to this set of principles, and to be used by the UN presence in country as integrate them in a practical way into their a tool and a voluntary rider in its advocacy national policies and legislation, as well as with parties to conflict to deter the military their military doctrine, manuals and training. use of schools, outside of the SCR 1998 Ac- While the Lucens Guidelines have been pro- tion Plan process. duced specifically for armed conflict, they may also be instructive in other situations, including post-conflict situations. The UN presence in country may wish to advocate with Governments as well as regional political and military organizations to incorpo- rate the Lucens Guidelines. 21

7. Strengthening partnerships

he concern regarding attacks on assist the Clusters through its advocacy and schools and hospitals and the impact dialogue with parties to conflict to raise sensi- Tof such attacks on the safety of chil- tive issues of concern. dren, as well as their right to access education and health care, is of relevance not only 7.2 UNICEF education and to the child protection community, includ- health programs ing UNICEF, DPKO, DPA, ILO and other tra- UNICEF is the lead agency for education in ditional actors in this field, but also to the emergencies at global level and co-leads larger UN system and civil society. This sec- the Education Cluster together with Save tion puts forward concrete suggestions for the Children, working to ensure schools are further strengthening this network in rela- safe and provide protective spaces for learn- tion to SCR 1998 on attacks on schools and ing. The flagship Back to School campaign hospitals, aiming at expanding monitoring is a community-owned initiative that brings capacity and increasing expertise in educa- attention to the importance of education in tion and health care, within respective man- crisis and post-crisis contexts. A key area of dates and resources. Although this section collaboration with Governments is to ensure focuses on UN agencies and partners with that education is included in sector response specialized health and education mandates, plans and monitoring frameworks are con- any additional partners who can add value flict-sensitive. In conflict situations, Education should be encouraged to assist the CTFMR Cluster members actively collect MRM-relat- in the implementation of SCR 1998. ed information and develop key messaging 7.1 Protection, Education and for advocacy. The Education Cluster has developed tools for cluster partners to report Health Clusters attacks on schools and maintain a regular The Clusters have extensive networks of dialogue with community networks, educa- NGOs and other local partners, which could, tion stakeholders, parents and teachers. with due respect for the distinct mandates and UNICEF plays a critical role at both global resources, feed information into the regular and national levels by providing technical as- MRM process by “alerting” on incidents that sistance, building capacity of Governments would be verified by members of the CTFMR. and communities, delivering supplies and It would be useful to mainstream monitor- developing interagency guidance and tools ing and reporting on attacks on schools and to increase access to health care in conflict hospitals in the existing work of the Clusters, settings. UNICEF supports innovative strat- and devise an efficient way to ensure linkage egies to ensure safe access to health care between the CTFMR and members of the in times of conflict including support to the Clusters on Protection, Education and Health WHO Safe Hospital initiative. as well as the Child Protection and Gender- Based Violence Sub-Clusters, through the respective lead agencies: UNHCR, UNICEF/ 7.3 WHO and UNESCO Save-the-Children, WHO and UNFPA. In this WHO and UNESCO are part of the HQ task regard, the CTFMR is encouraged to actively force on Children and Armed Conflict which reach out to members of the Clusters, where convenes twice a year in preparation of the present, to develop education and health Secretary-General’s annual Report on Chil- expertise within the MRM and to enable the dren and Armed Conflict to the Security Clusters to utilize MRM reporting and advo- Council. Both agencies play a complemen- cacy opportunities. The CTFMR could also tary role in the implementation of SCR 1998. 22

WHO and UNESCO often have entry points NGOs. UNESCO can also contribute, where with the Ministries of Health and Education appropriate, as part of its program work at respectively, civil society and community the country level. UNESCO should be en- networks, especially in view of awareness couraged to join the CTFMR as appropriate. raising and needs assessments. Aside from global advocacy on normative and policy is- 7.4 Civil Society Partners sues, both specialized agencies continue to In a number of MRM country situations both support the implementation of SCR 1998 in international and national NGOs play an ac- the following ways. tive role in the work of the CTFMR. The com- WHO has been mandated by World Health position of each CTFMR is decided upon at Assembly resolution 65.20 to “provide country level and largely depends on the leadership at the global level in develop- security situation and how the CTFMR is ing methods for systematic collection and perceived by the parties to conflict. In some dissemination of data on attacks on health cases, NGOs support the monitoring and re- facilities, health workers, health transports, porting activities of the CTFMR, but do so in and patients in complex humanitarian an informal way due to political sensitivities, emergencies, in coordination with other in the interest of the safety of their staff and relevant United Nations bodies and inter- concerns regarding impartiality. NGO part- governmental and nongovernmental organ- ners and others may report to the CTFMR izations, avoiding duplication of efforts”. In as an “alert system” regarding specific inci- response, WHO is seeking options for the dents. In addition, education and medical creation of a support group for the develop- personnel themselves are often best placed ment of such methods at the global and field to provide first alerts on incidents of attacks levels. This close coordination with relevant on schools and hospitals for follow-up and stakeholders is meant to avoid duplication. verification by the CTFMRs. The CTFMR, as Special efforts are being made to ensure with the Global Clusters, are therefore en- that the MRM and WHO proposed meth- couraged to actively reach out to relevant ods for data collection are compatible and partners and networks, with due considera- mutually reinforcing. The data is intended to tion for protection concerns, to set up and inform policy makers both at global and na- expand this first alert network. tional levels on the trends and consequences of attacks against health service delivery 7.5 Communities and to identify and promote policies and Local communities can play a very important mitigation measures for the safe/safer deliv- role in preventing attacks on schools and ery of essential health services in emergency hospitals, as well as the use of those facili- settings. Where health-related violat WHO ties for military purposes. In some situations, should be encouraged to join the CTFMR. community leaders have effectively negoti- UNESCO has been instrumental in prepar- ated with armed forces and armed groups ing thematic advocacy reports, including the to vacate or reopen schools and hospitals, 2011 Education For All Global Monitoring or have successfully established safe access Report on “The hidden crises: armed conflict routes. In other situations, however, commu- and education”, “Education under Attack” nities have offered schools to parties to con- (in 2007 and 2010) and “State-of-the-Art Re- flict as, for example, places to stay overnight view” on measures to protect education in without realizing the possible risk of attack. times of armed conflict. In relation to the chil- Complicated dynamics are at play, includ- dren and armed conflict mandate, UNESCO ing the need to avoid perceived association focuses on prevention through its peace, with, or threats to the legitimacy of lead- human rights and global citizenship educa- ers, parties to conflict and the Government. tion programs, working with Member States Advocacy, protection and negotiation by and civil society actors. UNESCO supports communities regarding attacks on or use of the implementation of SCR 1998 through its schools and hospitals may prove useful but global advocacy and awareness raising activ- must be approached with caution and in ac- ities towards Governments, communities and cordance with the principle of “do no harm”. 23

8. Useful resources

British Institute of International and Comparative Law, “Education and the Law of Reparations in Insecurity and Armed Conflict,” 2013. http://www.educationandconflict.org

Geneva Academy of International Humanitarian and Human Rights Law, “United Nations Human Rights Mechanisms and the Right to Education in Insecurity and Armed Conflict,” 2013. http://www. educationandconflict.org

Global Coalition to Protect Education from Attack, “Draft Lucens Guidelines for Protecting Schools and Universities from Military Use,” 2013. http://www.protectingeducation.org/sites/default/files/ documents/draft_lucens_guidelines.pdf

Global Coalition to Protect Education from Attack, “Education Under Attack 2014,” 2014. Forthcoming.

Global Coalition to Protect Education from Attack, “Lessons in War: Military Use of Schools and Other Educational Institutions during Conflict,” 2012. http://www.protectingeducation.org/sites/default/ files/documents/lessons_in_war.pdf

Global Coalition to Protect Education from Attack, “Study on Field-based Programmatic Measures to Protect Education from Attack,” 2011. http://protectingeducation.org/sites/default/files/documents/ study_on_field-based_programmatic_measures_to_protect_education_from_attack_0.pdf

Global Education Cluster, “Protecting Education in Countries Affected by Conflict,” 2012. http://education.humanitarianresponse.info/resources/protecting-education-countries-affected-conflict

Guidance Note on SCR 1882 (2009) on killing and maiming of children and sexual violence against children, OSRSG-CAAC.

Hausler, K., Urban, N. and R. McCorquodale. Protecting Education in Insecurity and Armed Conflict: An International Law Handbook. British Institute of International and Comparative Law & Education Above All, 2012. http://www.educationaboveall.org/legalresources

Health Care In Danger. International Committee of the Red Cross. http://www.icrc.org/eng/what-we- do/safeguarding-health-care/index.jsp

Human Rights Watch, Schools and Armed Conflict: A Global Survey of Domestic Laws and State Practice Protecting Schools from Attack and Military Use, 2011. Available at: http://www.hrw.org/ reports/2011/07/20/schools-and-armed-conflict-0

Inter-Agency Network for Education in Emergencies, “Minimum Standards for Education: Preparedness, Response, Recovery,” 2010. http://toolkit.ineesite.org/toolkit/INEEcms/ uploads/1012/INEE_GuideBook_EN_2012%20LoRes.pdf

MRM Field Manual: Monitoring and Reporting Mechanism on Grave Violations Against Children in Situations of Armed Conflict. OSRSG-CAAC, UNICEF & DPKO, April 2010. http://www.unicefinemergencies.com/downloads/eresource/docs/2.6%20Child%20Protection/ Monitoring%20and%20Reporting%20Mechanism%20Guidelines.pdf

United Nations Security Council Resolution 1998. UN Doc. S/Res/1998 (2011). http://daccess-dds-ny. un.org/doc/UNDOC/GEN/N11/411/18/PDF/N1141118.pdf?OpenElement

United Nations Secretary-General’s Annual Report on Children and Armed Conflict. UN Doc. A/67/845-S/2013/245. 15 May 2013. http://www.refworld.org/docid/51b9864e4.html

World Health Organization Resolution 65.20, WHO Doc. WHA65.20, 26 May 2012. http://apps.who.int/ gb/ebwha/pdf_files/WHA65/A65_R20-en.pdf

Annex I: Questions and Answers on the legal protection for schools, hospitals, education and medical personnel

1. Which international humanitarian law much of which is considered customary in- instruments provide protections for ternational law. Articles 25 and 26 of the schools, hospitals and related protected Universal Declaration provide general pro- persons, and when do they apply? visions on the right to a standard of living adequate for the health and well-being as International humanitarian law (IHL), laid out well as the right to education. IHRL applies in the Geneva Conventions, Additional Pro- at all times, including during armed conflict. tocols and customary rules, regulates the However, IHL operates as the “specific law” conduct of hostilities and limits the effects of in situations of armed conflict. While States armed conflict on civilians and civilian objects. must respect (not interfere), protect (from in- Two types of armed conflict exist: internation- terference by third parties), and fulfill (facili- al armed conflicts between States, regulated tate and provide) the human rights of those by the Geneva Conventions and Additional within its territory and jurisdiction, non-State Protocol I; non-international armed conflicts armed groups are also encouraged to re- between States and non-State armed groups, spect human rights and refrain from abuses. or among armed groups themselves, regulat- States may, to some extent, limit their obli- ed by Common Article 3 to the Geneva Con- gations under IHRL during public emergen- ventions and Additional Protocol II. IHL ap- cies such as armed conflict. However, the plies equally to States and non-State armed CRC has a no derogation clause. groups in situations of armed conflict. It does not apply during situations of internal distur- 3 What is the role of international bance, which come under the purview of in- criminal law and national law, especially ternational human rights law (IHRL). However, with a view to ending impunity? the fact that there are fewer provisions in IHL International criminal law (ICL) establishes regarding non-international armed conflict, individual criminal responsibility for interna- gives IHRL a greater role in protecting civil- tional crimes that come within the jurisdiction ians during such conflicts. IHL and IHRL have of national courts and various international mutually reinforcing and complimentary roles criminal tribunals, such as the International in times of armed conflict. Criminal Court or ad hoc tribunals and mixed courts. Under ICL, individuals, not parties 2. Which international human rights law to conflict per se, may be held accountable instruments ensure children’s rights for the commission of acts, considered war to education and health, and when do crimes in both international and non-interna- they apply? tional armed conflicts. This includes“inten - IHRL is enshrined in a body of international tionally directing attacks against buildings and regional treaties and instruments, in- dedicated to religion, education, art, sci- cluding the Convention on the Rights of the ence or charitable purposes, historic monu- Child (CRC), its Optional Protocol on the ments, hospitals and places where the sick involvement of children in armed conflict, and wounded are collected, provided they the International Covenant on Civil and Po- are not military objectives” as well as “build- litical Rights, the International Covenant on ings, material, medical units and transport, Economic, Social and Cultural Rights and and personnel using the distinctive em- the Universal Declaration of Human Rights, blems of the Geneva Conventions in con- 26

formity with international law.” National law of schools or hospitals itself is not necessar- may provide additional obligations for States ily a violation of IHL. Parties to conflict may, and non-State armed groups within its juris- in certain circumstances, use schools when diction, in particular under national criminal required by military necessity. However, law, which is crucial for accountability. even when a school is used for military purposes, it may only be attacked by the oppos- 4. What are the protections afforded to ing party to conflict if its destruction would school and hospitals under international provide a definite military advantage at the humanitarian law? time of the attack; if the attack would not Under IHL, schools and hospitals qualify as cause excessive civilian deaths and injuries civilian objects and are afforded general and damage to civilian objects in relation to protection from deliberate attack, owing to the concrete and direct military advantage their civilian status. Parties to conflict must anticipated; and if all feasible precautions at all times make a distinction between ci- are taken to limit the attack’s effects on civil- vilian objects and military objectives, and ians and civilian objects. may only target military objectives. The term “military objectives” is defined in IHL as “ob- 6. What are the protections afforded jects which by their nature, location, purpose to education and medical personnel or use make an effective contribution to the under international humanitarian law? military action and whose partial or total de- Civilians, including children, education and struction, capture or neutralization, in the medical personnel, are entitled to general circumstances ruling at the time, offers a dis- protection from attack and shall not be the tinct military advantage.” Even when a party object of attack. Wherever there is doubt to conflict has an objective in its sights which about an individual’s status, there must be appears to be a military objective, the party a presumption of civilian status. In addition, must take all feasible precautions to verify medical personnel are specifically protected that the target is in fact a military objective. by separate provisions in the Geneva Con- In case of doubt, there must be a presump- ventions, Additional Protocols and customary tion that the object is a civilian object. The international law. The implementation of the prohibition against attacking civilian objects principle of distinction entails positive obliga- is so fundamental that such an attack is con- tions to take precautions in attack and obli- sidered a war crime. Medical units (including gations to refrain from acts that would cause hospitals) and medical transportation are harm to civilians. This may require the removal specifically protected under IHL. of civilians from the vicinity of military objec- 5. When do schools and hospitals lose tives, including by evacuation. This element their protected status? Can they become of distinction is particularly relevant regard- legitimate targets of attack? ing the military use of schools and hospitals. However, certain incidental civilian deaths Civilian objects are not protected from at- and injuries and damage to civilian objects tack in all circumstances. Schools and hos- are not prohibited where precautions were pitals may lose their protected status, if and taken and the deaths, injuries and damage for such time as they qualify as “military ob- were not excessive in relation to the concrete jectives”, as defined in IHL. Civilian objects and direct military advantage anticipated. can become military objectives through their military use, which may transform their status 7. When do education and medical person- from protected civilian objects to legitimate nel lose their protected status? Can they military targets for such time as they, by their become legitimate targets of attack? nature, location, purpose or use, make an effective contribution to military action and Civilians benefit from general protection whose partial or total destruction, capture, from attack unless and for such time as they or neutralization, in the circumstances ruling directly participate in hostilities. The notion at the time, offers a definite military advan- of “direct participation in hostilities”, in ac- tage. It is important to note that military use cordance with ICRC interpretative guidance, 27

suggests the following criteria for loss of there is military necessity for the use and all protection for civilians: feasible precautions are taken to avoid or ff The acts of the individual must be likely to minimize the effects of attacks on civilians adversely affect the military operations or and civilian objects. However, the use of one capacity of the opposing party to conflict; classroom or floor for military purposes, for instance, while the remainder of the school f f There must be a direct causal link be- or hospital continues to function as a place tween these acts and the harm caused to of education or health care, would violate the the opposing party to conflict; obligation to take all feasible precautions. ff The acts must be specifically designed to Simply put, “partial” military use of schools cause the intended harm in support of a and hospitals may put the lives of children, party and to the detriment of the oppos- education and medical personnel at risk of ing party to conflict. attack as the school may be considered a Where the conduct of a civilian, including military objective. Schools and hospitals can education or medical personnel, meets the also be used for military purposes at times above criteria, they lose their protection when no children, education or medical per- from attack until and for such time as they sonnel are present, and therefore the risk of participate in hostilities. attacks on civilians and civilian objects is sig- nificantly reduced. Such “full use” of schools 8. What are the special protections afford- and hospitals for military purposes, however, ed to hospitals and medical personnel may impact children’s rights to education or under international humanitarian law? health under IHRL and IHL. Beyond the general protections afforded to 10. What is the legal basis for other civilians and civilian objects, medical units, interferences resulting in the forced transports and personnel are entitled to closure and compromised functioning additional protections. This special status of schools and hospitals? can only be lost if these entities are used to commit, outside their humanitarian func- Schools and hospitals are often forced to tion, “acts harmful to the enemy”. However, close or operate at limited capacity due to the loss of protection given to medical units acts that inhibit their ability to function prop- occur only after warning has been given, erly, including looting, pillaging, wanton de- setting, whenever appropriate, a reason- struction and threats. These violations of IHL able time-limit for, for example, evacuating can severely reduce access to education and patients or returning the medical facility to health services, as required in IHRL. Even its civilian use. Only after such warning has during public emergencies and situations of remained unheeded can the special protec- resource constraints, States are obligated to tion be considered lifted. The distinctive respect, protect and fulfill the minimum es- emblem of the Geneva Conventions signi- sential levels of these rights. The destruction fies that the medical personnel/units/trans- and seizure of property is clearly prohibited ports are legally protected under interna- under IHL, unless required by military necessi- tional humanitarian law. However, medical ty. Looting and pillaging refer to the individual units, transports and personnel that do not or collective appropriation and use of goods bear the symbol are also afforded this high- or property by combatants for personal pur- est level of protection. Any violation of this poses without the owner’s consent and with elevated protection constitutes a war crime. increasing levels of organization and aggres- sion. IHL also clearly prohibits threats of vio- 9. How is military use of schools and lence against civilians. In respect of the spe- hospitals dealt with in international law? cial status of hospitals, parties to conflict are What is the difference between “partial” bound by the principle of non-interference: and “full” use of schools and hospitals? they may not interfere with the treatment of In IHL, there is no legal prohibition against the wounded or sick. Any threat or act of in- military use of civilian objects, such as timidation with the purpose of interfering with schools or hospitals per se, provided that medical care would be a violation under IHL. 28 29

Annex II: Glossary of definitions relevant to SCR 1998 (2011)

Schools previous resolutions on children and armed conflict, attacks against such protected per- “Schools” refer to all learning sites and edu- sons must have a clear link with the act of cation facilities, as determined by the local providing education or health care. context, including both formal and informal, secular and religious, providing early child- Attacks on schools and hospitals hood, primary and secondary education, as well as vocational training to children. “Attacks on schools and hospitals” is an um- “Schools” include all school-related spaces, brella term in respect of both indiscriminate structures, infrastructure and grounds at- and direct attacks against schools and hospi- tached to them, such as water, sanitation tals that are civilian objects, resulting in their and hygiene facilities, which are recogniz- compromised functioning, partial damage able and known to the community as such, or total destruction, as well as against relat- but may or may not be marked by visible ed protected persons. In the case of schools boundaries or signage. and hospitals, such incidents include: physical attacks, looting, pillaging and wanton Hospitals destruction. In the case of related protected persons, such incidents include: killing, injur- “Hospitals” refer to all health care facili- ing, abduction, and use as human shields. ties, including medical units and services, whether military or civilian, fixed or mobile, Threats of attacks permanent, ad hoc or temporary, aiming at the delivery of preventive and/or curative “Threats of attacks” against schools, hospi- medical care. The term includes, for exam- tals or related protected persons include the ple, hospitals in the strict sense of the word, explicit declaration of a plan, intention or medical depots, maternity wards, medical determination to inflict harm, whether physi- transports, blood transfusion centers, mo- cal or psychological, related to the seeking bile vaccination and community-based ser- or provision of education or health care. For vices. Such health care facilities are known to the purpose of monitoring and reporting, the community as such and are not required and advocacy and dialogue with parties to to be recognized or authorized by parties conflict in accordance with SCR 1998 and to conflict; they may or may not be marked previous resolutions on children and armed with the distinctive emblem of the Geneva conflict, the threats need to be plausible. Conventions or other context-specific identification. Military use of schools “Military use of schools” refers to a wide Protected persons in relation to schools or range of activities in which armed forces hospitals or armed groups use the physical space of “Protected persons in relation to schools or a school in support of the military effort, hospitals” refer to education and medical whether temporarily or for a protracted pe- personnel, unless and for such time as such riod of time. The term includes, but is not persons directly participate in hostilities. For limited to, the use of schools as military bar- the purpose of monitoring and reporting, racks, weapons and ammunition storage, and advocacy and dialogue with parties to command centers, defensive positioning, conflict in accordance with SCR 1998 and observation posts, firing positions, interro- 30

gation and detention centers, training facili- Military objectives ties, and recruiting grounds. “Military objectives” are limited to objects, Military use of hospitals which by their nature, location, purpose or use make an effective contribution to mili- “Military use of hospitals” refers to a wide tary action and whose partial or total de- range of activities in which armed forces struction, capture or neutralization, in the or armed groups use the physical space of circumstances at the time, offers a definite a hospital in support of the military effort, military advantage. Civilian objects benefit whether temporarily or for a protracted pe- from the general protections of the rules on riod of time. The term includes, but is not distinction, proportionality and precautions, limited to, the use of hospitals as command even while closed or empty owing to evacu- centers, interrogation and detention cent- ation or abandonment. However, if civilian ers, firing positions, or for activities including objects are turned into military objectives, the filtering, detaining or extracting of pa- notably by being used for military purposes, tients or medical personnel at the entrances they lose their protection against attacks. of health facilities on the suspicion of association or sympathy with a party to conflict. 31

Annex III: Questions & Answers on the SCR 1998 Action Plan template

1. What are the key features of Security the following subcategories of “attacks on Council Resolution SCR 1998 related schools and hospitals” are triggers for listing to attacks on schools and hospitals? Recurrent attacks against schools and hos- Effective July 2011, SCR 1998 added recur- pitals, including indiscriminate and direct rent attacks on schools and/or hospitals, attacks against, as well as the looting, pillag- and recurrent attacks and threats of attacks ing and wanton destruction of schools and against protected persons in relation to hospitals that are civilian objects, resulting in schools and hospitals to the existing “trig- their compromised functioning, partial dam- gers” for listing of parties to conflict in the age or total destruction; Annexes of the Secretary-General’s Annual Report on Children and Armed Conflict Recurrent attacks against related protected (recruitment and use of children; patterns persons, including the killing, injuring, ab- of sexual violence against children; and duction and use as human shields of educa- patterns of killing and maiming of children tion and medical personnel unless and for in contravention of international law). The such time as such persons directly partici- Security Council also requested listed par- pate in hostilities; ties to enter into a dialogue with the United Nations with the aim of negotiating action Recurrent threats of attacks against related plans containing concrete and time-bound protected persons, including explicit decla- activities to halt and prevent future attacks rations of a plan, intention or determination and threats of attacks on schools, hospitals to inflict harm, which are plausible to exe- and related protected persons. Alongside cute, such as but not limited to public state- this, the Council also requested the Secre- ments or targeted letters. tary-General to develop listing and de-list- The military use of schools or hospitals, ing criteria for parties to conflict perpetrat- however a serious concern regarding ac- ing attacks or threats of attacks on schools, cess to education and health care in times hospitals and related protected persons. In of armed conflict as well as the physical addition to the provisions concerning attacks safety of children, medical and education on schools, hospitals and related protected personnel, is not identified as a “trigger” for persons, the Council requested continued listing and falls outside the scope of the list- monitoring of military use of schools and ing of parties in accordance with SCR 1998. hospitals, and, in SCR 2143, expressing deep The Council expressed deep concern at the concern, requested United Nations country military use of schools in SCR 2143, urged task forces to enhance this monitoring. The all parties to conflict to respect the civilian Council also requested continued monitor- character of schools, encouraged Member ing of other violations that may prevent chil- States to consider concrete measures to de- dren’s access to education and health care in ter military use of schools, recognized that times of armed conflict. such use may lead to attacks by opposing 2. What are the triggers for listing under parties, and requested the country task SCR 1998? forces for enhanced monitoring of this issue. However, in SCR 2143, the military use For the purpose of listing and de-listing par- of schools or hospitals is still not a trigger ties to conflict in accordance with SCR 1998, for listing. 32

3. How can a party to conflict be de-listed Plans are similar, the respective legal obli- for attacks and threats of attacks on gations and activities to be undertaken by schools, hospitals and protected persons the party to conflict are separate and dis- in line with SCR 1998? tinct for each of the violations and all need to be adequately addressed in the case of In its resolutions 1539, 1612, 1882 and 1998, multiple violations. A party can also have the Security Council calls upon parties listed multiple concurrent Action Plans for differ- in the Annexes of the Secretary-General’s ent violations. While focused on specific Annual Report on Children and Armed Con- violations, obligations and activities, the flict for at least one of the four “trigger” vio- development and implementation of such lations to prepare concrete and time-bound Action Plans could mutually reinforce each Action Plans to halt and prevent those vio- other. De-listing for a particular violation lations. The Council introduced the Action takes place when the commitments and ac- Plan as a tool for parties to conflict to ad- tivities related to that violation have been dress violations against children and to be fulfilled and implemented, compliance has de-listed upon full implementation. Action been verified by the United Nations, and Plans are negotiated between a listed party the violation has ceased for a period of at and the United Nations in country accord- least one year after full implementation of ing to a standard template. Action Plans the Action Plan commitments and activi- are composed of a series of commitments ties. A party will be completely removed as well as concrete and time-bound meas- from the Annexes only when all “trigger” vi- ures for the party to undertake to halt and olations have undergone this same process. prevent violations. The main interlocutor of the party to conflict in the negotiation of an 5. What is the role of the CTFMR Action Plan is the CTFMR, with the support in the negotiation and implementation of the Office of the SRSG-CAAC. While a of a SCR 1998 Action Plan? listed party is responsible for the implementation of the Action Plan, the United Nations in country stands ready to actively support, The CTFMR takes the lead in monitoring and and must verify all aspects of compliance reporting on violations against children, in with the action plan. conducting dialogue with listed parties on the development of Action Plans, in providing United Nations operational support 4. What if a party to conflict has been to the implementation of Action Plans, as listed for multiple “trigger” violations? well as in monitoring compliance with Ac- How does a SCR 1998 Action Plan relate tions Plans. Accordingly, the highest United to SCR 1612 and 1882 Action Plans? Nations authority in country (SRSG or RC) and the UNICEF Representative in country The Security Council, in paragraph 6(b) of together represent the United Nations in its resolution 1998, calls upon those par- the development and implementation of ties that have an existing Action Plan with Action Plans in accordance with SCR 1998. the United Nations on one of the “trigger” Information on violations, progress and violations and have since been listed for challenges in the development and imple- another “trigger” violation to prepare and mentation of Action Plans are shared on a implement separate action plans. However, regular basis with the Office of the SRSG- when a party is listed for multiple violations, CAAC for reporting in the Secretary-Gener- the United Nations presence in country may al’s Annual Report, country-specific reports consider negotiating one comprehensive and quarterly updates to the SCWG-CAAC. action plan which covers all violations that While the CTFMR stands ready to support have triggered the listing of the party to the full implementation of the Action Plan, conflict, for reasons of practicality and ex- the party to conflict is responsible to under- pediency. However, while the structure and take the activities in a timely and transpar- process of SCR 1612, 1882 and 1998 Action ent manner. 33

6. What is the role of the SRSG-CAAC in timeframe. Every single concrete and time- the negotiation and implementation of a bound activity listed in SCR 1998 Action SCR 1998 Action Plan? Plans is mandatory for the listed party without derogation, from the time of signature to The SRSG-CAAC serves as a global advo- full compliance. The implementation of each cate and moral voice for children affected activity, however, requires flexibility and cus- by armed conflict, acts as a convener of the tomization to the local context and capacity United Nations system to respond to grave of the listed party. During the development violations against children, and undertakes and implementation phases, the CTFMR diplomatic initiatives to foster protection of needs to give careful thought, in consulta- children in times of armed conflict. The Of- tion with the Office of the SRSG-CAAC, to fice of the SRSG-CAAC, in close collabora- the various ways that mandatory commit- tion with UNICEF, DPKO/DPA, WHO, UN- ments can be translated into concrete activi- ESCO and other United Nations partners, ties in a given situation. serves as a resource and focal point within the United Nations system to advise on the 8. How are SCR 1998 Action Plans with development and implementation of Securi- Government armed forces and with non- ty Council-mandated Action Plans, as well as State armed groups different? the listing and de-listing process in accordance with SCR 1612, 1882 and 1998. As stipu- While the commitment to halt and prevent lated in SCR 1460, the SRSG-CAAC serves as attacks and threats of attacks on schools, a liaison between the United Nations child hospitals and related protected persons is protection partners in the field and the Se- identical for all parties to conflict, the activi- curity Council, through regular reporting to ties to implement this commitment may differ the Council and its Working Group on pro- for Government armed forces and non-State gress and challenges in dialogue with parties armed groups. Governments, for example, to conflict and the implementation of Action bear the responsibility to enact legislation for Plans. In some situations, the SRSG-CAAC the protection of children, schools, hospitals, has contributed through field visits and high- and related protected persons; to respect, level advocacy to reach agreements on Ac- protect and fulfill the rights to education and tion Plans. The SRSG also serves as witness health at all times; and to criminalize, pros- to the signing of Action Plans, as part of the ecute and punish violations contrary to ap- liaison function towards the Security Council. plicable international law and national law. In addition, a wide range of Government stake- 7. How is a SCR 1998 Action Plan holders, including the Armed Forces, and structured? Which elements in a SCR the Ministries of Defense, Education, Health, 1998 Action Plan are mandatory and Justice, Social and Interior Affairs have a role which are optional? to play in halting and preventing attacks and The SCR Action Plan template can be found threats of attacks on schools, hospitals and as Annex IV to this Guidance note. The tem- related protected persons. However, all par- plate comprises of a series of commitments ties, State and non-State, are bound by in- and concrete and time-bound activities, international humanitarian law and must abide cluding: (1) cooperation with the United Na- by the principles of distinction, proportional- tions; (2) dissemination of the Action Plan ity and precautions. While the commitments and international obligations; (3) capacity and activities apply equally to Government building and awareness raising; (4) protec- armed forces and non-State armed groups, tion of schools and hospitals in the conduct Governments have a higher threshold of of military operations; (5) reparative and responsibilities under international human protective initiatives; (6) and criminalization, rights law, which needs to be reflected in the accountability and legal enforcement. Each Action Plan. Non-State armed groups nev- section is comprised of a more detailed de- ertheless should be encouraged to respect scription of the respective activities, includ- international human rights law and refrain ing the responsible authority and expected from abuses. 34

9. How is the Security Council’s concern tary commitment to prevent military use over the military use of schools addressed of schools. outside of a SCR 1998 Action Plan? 10. How does the listing and de-listing While the Security Council in its resolution process in accordance with SCR1998 1998 urged parties to conflict to refrain from work? actions that impede children’s access to education in times of armed conflict, such as the The United Nations Country Teams (UNCT), military use of schools, and requested the in non-MRM situations, and the Country Secretary-General to continue to report on Task Forces on Monitoring and Reporting this issue, the military use of schools is gener- on grave violations against children, in MRM ally not a violation of international humanitar- situations, are critical to the listing of parties ian law and has not been taken up as a crite- in the Secretary-General’s Annual Report. rion for listing parties to conflict for attacks In their yearly contribution to the draft An- on schools and hospitals. Recognizing, how- nual Report, the UNCTs and CTFMRs may ever, in its resolution 2143, that the military recommend the listing of parties based on use of schools may result in increased risk of UN verified information on a party commit- attack by opposing forces, the Council urged ting one or more “trigger” violations. This all parties to armed conflict to respect the ci- detailed account is further discussed dur- vilian character of schools and encouraged ing the annual meeting of the Headquarters Governments to consider concrete measures Task Force on Children and Armed Conflict, to deter the military use of schools. Two tools which is composed of senior representatives have been developed in this regard; of relevant UN entities in New York, and may subsequently be taken further by the SRSG- 1. In November 2012, an expert group of CAAC as a recommendation to the Secre- Member States, regional organizations, tary-General, who takes the final decision on military legal advisors and child protec- listing. The listing mandates the establish- tion and education specialists convened ment of an MRM and a CTFMR, which takes and drafted the Lucens Guidelines to the lead in monitoring and reporting, as well protect schools from military use, outlin- as in dialogue with parties on action plans to ing a series of principles for endorsement halt and prevent violations against children. by Governments, and ultimately non- The listing also initiates country-specific re- State armed groups. porting to the SCWG-CAAC. In its yearly 2. Complementing the Lucens Guidelines, contribution to the draft Annual Report, and distinct from the SCR 1998 listing the CTFMR may recommend the de-listing and Action Plan process, the Office of the of parties, based on a comprehensive over- SRSG-CAAC prepared an Operational view of the implementation of the Action Strategy to reduce military use of schools Plan, following the same exercise as for the and mitigate its impact on children, pro- listing process. Any de-listing must be ap- viding a number of concrete, practical proved by the Headquarters Task Force and measures for Governments or armed recommended by the SRSG on Children and groups to undertake, as a separate volun- Armed Conflict to the Secretary-General 35

Annex IV: SCR 1998 (2011) Action Plan to halt and prevent attacks on schools and hospitals and attacks or threats of attacks against protected persons in relation to schools and/or hospitals

[This draft Action Plan template relates to both Government armed forces and non-State armed groups. Some of the provisions, however, may differ, as Governments have a higher threshold of responsibilities, which needs to be reflected as such. Blue is specific for Govern- ments; green for armed groups.]

I. Preamble Also noting that the Security Council, in SCR 1998 (2011), called “upon those parties Stressing the commitment of the Govern- listed in the annexes of the Secretary-Gen- ment of [xxx] / [armed group] to fully comply eral’s global Annual Report on Children and with its obligations under international hu- Armed Conflict, that commit, in contraven- manitarian law, including the Geneva Con- tion of applicable international law, recur- ventions, their Additional Protocols (where rent attacks on schools and/or hospitals, re- applicable) and customary international hu- current attacks or threats of attacks against manitarian law; international human rights protected persons in relation to schools law, including the Convention on the Rights and/or hospitals in situations of armed con- of the Child and its Optional Protocol on the flict, to prepare without delay concrete, involvement of children in armed conflict, time-bound action plans to halt those vio- the International Covenant on Civil and Po- lations and abuses, and undertake specific litical Rights, and the International Covenant commitments and measures in this regard”; on Economic, Social and Cultural Rights Mindful of the commitments made (specify (where applicable); and relevant national law if any) to the Special Representative of the in line with international norms and stand- Secretary-General for Children and Armed ards (specify where applicable); Conflict on date( of SRSG-CAAC mission, if any), and/or any other commitments made Noting relevant United Nations Security on the protection of children within ceasefire Council Resolutions (SCR) on children and agreements and peace processes, or other armed conflict, including SCR 1612 (2005) written commitments on children affected and SCR 1882 (2009), and in particular SCR by armed conflict to the United Nations; 1998 (2011), in which the Security Council expressed “deep concern about attacks as Working in close collaboration with the well as threats of attacks in contravention of United Nations Country Task Force on Moni- applicable international law against schools toring and Reporting on grave violations and/or hospitals, and protected persons in against children (hereafter “CTFMR”), and relation to them as well as the closure of in cooperation with relevant United Nations schools and hospitals in situations of armed agencies and departments, and interna- conflict as a result of attacks and threats tional and local civil society partners, as well of attacks, and called upon all parties to as the Office of the Special Representative armed conflict to immediately cease such of the Secretary-General for Children and attacks and threats”; Armed Conflict (hereafter “OSRSG-CAAC”); 36

The Government / [armed group] hereby un- (2) “Hospitals” refer to all health care facili- dertakes to implement the following Action ties, including medical units and services, Plan to halt and prevent attacks and threats whether military or civilian, fixed or mobile, of attacks on schools, hospitals and pro- permanent, ad hoc or temporary. Health tected persons in relation to schools and/or care facilities are known to the community as hospitals (hereafter “Action Plan”). such and are not required to be recognized or authorized by parties to conflict; they may II. Scope and purpose or may not be marked with the distinctive 1.1 This Action Plan applies to the Govern- emblem of the Geneva Conventions or other ment of [xxx] (hereafter the “Government”), context-specific identification. and its armed forces [spell out name] (hereaf- (3) “Protected persons in relation to schools ter the “Armed Forces”), and/or other related and/or hospitals” refer to education and security forces [spell out name of paramilitary medical personnel, unless and for such time groups, auxiliary forces, etc.] (where relevant) as such persons directly participate in hos- / [armed group], and its political wing (where tilities. For the purpose of this Action Plan, relevant), which is listed in the Annexes of the attacks against such protected persons must Secretary-General’s global Annual Report on have a link with the act of seeking or provid- Children and Armed Conflict to the Security ing education and/or health care. Council [S/xx/xxx] for “recurrent attacks on schools and/or hospitals, and attacks and (4) “Attacks on schools and hospitals” is an threats of attacks against protected persons umbrella term for both indiscriminate and in relation to school and/or hospitals”. direct attacks against schools and hospitals that are civilian objects, resulting in their 1.2 The Government / [armed group] shall compromised functioning, partial damage be eligible for de-listing from the Annexes or total destruction, as well as against relat- of the Secretary-General’s Annual Report on ed protected persons. In the case of schools Children and Armed Conflict to the Security and hospitals, such incidents include: physi- Council upon fulfilment of the general com- cal attacks, looting, pillaging and wanton mitments and completion of the concrete destruction. In the case of related protected and time-bound activities outlined in the persons, such incidents include: killing, injur- Action Plan, as well as upon United Nations ing, abduction and use as human shields. verification that attacks on schools and/or hospitals and attacks and threats of attacks (5) “Threats of attacks” against related pro- against related protected persons have tected persons include the explicit declara- ceased for a minimum of one year following tion of a plan, intention or determination to full implementation of all provisions of the inflict harm, whether physical or psychologi- Action Plan spelled out in below. cal, related to the seeking or provision of education or health care. For the purpose of this III. Applied definitions Action Plan, the threats need to be plausible. For the purpose of this Action Plan, the fol- IV. General commitments lowing definitions will be applied: 4.1 In its effort to protect schools, hospitals (1) “Schools” refer to all learning sites and and related protected persons from the im- education facilities, as determined by the pact of armed conflict, the Government / local context, including both formal and in- [armed group] commits to take measures formal, secular or religious, providing early to immediately halt and prevent attacks on childhood, primary and secondary educa- schools and/or hospitals and attacks and tion to children. “Schools” include all school- threats of attacks against related protected related spaces, structures, infrastructure and persons, including to: grounds attached to them, such as water, sanitation and hygiene facilities, which are (1) Establish mutually agreeable, practical recognizable and known to the community modalities for cooperation with the United as such, but may or may not be marked by Nations, ensure unhindered access to rel- visible boundaries or signage. evant locations and persons without any 37

adverse action, and share verifiable informa- tional or national law, or in breach of the or- tion on Action Plan implementation; der/directive, and ensure accountability for (2) Issue a military order/political directive to perpetrators, including commanders; the military rank-and-file and relevant Gov- 4.2 The CTFMR, in cooperation with the Gov- ernment Ministries / political actors on the ernment / [armed group] and relevant interna- contents of the Action Plan and the protec- tional and national child protection partners, tions afforded to schools, hospitals and pro- commits to support the day-to-day imple- tected personnel; mentation of the Action Plan by providing (3) Design and implement capacity building technical expertise and supporting program- and awareness raising strategies, with a view matic initiatives ensuring children’s right to to enhancing understanding among the mili- education and health care, including through tary rank-and-file and affected communities assisting in the provision of remedial and al- on the protection of schools, hospitals and ternative schooling and health care, de-mili- related protected persons; tarization, rehabilitation and reconstruction of schools, mine clearance and mine risk educa- (4) Integrate precautionary measures for the tion, and psycho-social support for children. protection of schools, hospitals, and related The CTFMR also commits to monitor compli- protected persons, in overall military doc- ance by the Government with the Action Plan trine, as well as the planning, preparation and verify implementation measures for sub- and conduct of operations; sequent reporting to the OSRSG-CAAC. (5) Devise methods / allow for and do not 4.3 The OSRSG-CAAC commits to sup- obstruct in any way measures to mitigate the port the implementation of the Action Plan impact of attacks on schools and hospitals by providing technical advice on Security on children’s right to education and health; Council Resolutions on children and armed (6) Investigate incidents of attacks on conflict, and reporting on progress and chal- schools and/or hospitals or attacks or threats lenges in the implementation of the Action of attacks against related protected persons Plan to the Security Council and its Working which may be contrary to applicable interna- Group on Children and Armed Conflict.

V. Concrete and time-bound activities

Cooperation with the United Nations

Activity Timeframe and responsible authority

1. Engage with the CTFMR on the practical implemen- •• Immediately and on a monthly basis tation of the Action Plan by: •• Government and Armed Forces / (a) Appointing high-level military and civilian focal [armed group] points / focal points in the military and political structures of the [armed group] to develop operational modalities and measures for the implementation of the Action Plan and to ensure communication with the CTFMR on a regular basis;

(b) Establishing an inter-ministerial committee, composed of the Ministries of Education, Health, Defense, Justice, Social and Interior Affairs and national human rights mechanisms / a Coordinating Body of members representing the various military and political structures of the [armed group], to oversee and coordinate Action Plan activities;

(c) Nominating technical-level focal points within the Ministries of Education, Health and Defense to coordinate preventive and remedial activities regarding the provision of education and health to displaced and conflict-affected communities. 38

Cooperation with the United Nations

Activity Timeframe and responsible authority

2. Provide / allow the CTFMR safe and unimpeded •• Immediately and ongoing access for the purpose of monitoring and reporting •• Government and Armed Forces / violations as well as verifying implementation of the [armed group] Action Plan:

(a) To any relevant locations (i.e. education centers, health care facilities, military training facilities, operation commands, battle sites, IDP camps and detention facilities);

(b) To any relevant persons (i.e. children, education and medical personnel, witnesses, civil society members, displaced persons, local communities, military personnel and regional/operational military commanders).

3. Issue a clear written military order / political direc- •• Immediately tive to the Armed Forces / relevant Government Minis- •• Armed Forces and Government / tries / non-military persons associated with the [armed [armed group], in consultation with the group] stating: CTFMR (a) The precise terms and aims of the Action Plan;

(b) The obligations under international law to protect schools, hospitals and related protected persons;

(d) Sanctions for breaches;

(e) The requirement to report any such breaches to appropriate authorities / through the military chain- of-command.

4. Widely disseminate the military order / political •• Immediately and ongoing directive both in writing and through other effective •• Armed Forces and Government / means of communication, and ensure the inclusion [armed group], in consultation with the of its contents, as well as practical measures for its CTFMR implementation, in overall military doctrine, Stand- ard Operating Procedures and Rules of Engagement, military manuals and trainings / military rules, procedures and trainings.

5. Conduct an internal analysis / support and allow for •• Within 3 months a situational analysis to identify the nature of incidents •• Government, with a particular role for of attacks and threats of attacks on schools, hospitals the Ministries of Defence, Education and related protected persons, including the circum- and Health / [armed group], in coopera- stances, motivations, frequency, methods, perpetra- tion with the CTFMR tors, and impact on children’s education and health, psycho-social needs, as well as possible protective measures to halt and prevent such violations, including civilian protection initiatives.

6. Develop specific child protection training modules, •• Within 3 months and ongoing conduct training sessions and closely monitor aware- •• Government, with a particular role for ness among all levels of the Armed Forces / military the Ministries of Education, Health and rank-and-file of the[armed group] on: Justice / [armed group], with the sup- (a) The legal protections afforded to schools, hospitals port of the CTFMR and related protected persons;

(b) Measures for the implementation of the Action Plan. 39

Cooperation with the United Nations

Activity Timeframe and responsible authority

7. Conduct a nation-wide awareness campaign direct- •• Within 3 months and ongoing ed toward the affected communities, including children •• Armed Forces and Government, with and their families, education and medical personnel: a particular role for the Ministry of De- (a) Informing them of the measures taken to halt and fence / [armed group], with the support prevent attacks and threats of attacks on school, hos- of the CTFMR pitals and related protected persons;

(b) Stating sanctions for perpetrators;

(c) Announcing the establishment of and detailing how to access an independent community complaints mechanism for remedial action.

Protection of schools and hospitals in the conduct of military operations

Activity Timeframe and responsible authority

8. Ensure the mainstreaming and respect for the pro- •• Immediately and ongoing tection of schools, hospitals and related protected •• Armed Forces and Government, with persons, in the planning, preparation and conduct of a particular role for the Ministry of military operations, including the following precau- Defence / [armed group] tionary steps:

(a) Take constant care to distinguish between civilians/ civilian objects and combatants/military objectives, and to spare civilians and civilian objects unless and for such time as they constitute military objectives;

(b) Take all feasible measures prior to the attack to verify that the objectives to be attacked are not civilians/ civilian objects; in case of doubt, they shall be pre- sumed not to make a contribution to military action;

(c) If a school is identified as a military objective, give an effective advance warning of the attack; always give such an advance warning in the case of hospitals, including with a reasonable time-limit to heed the warning;

(d) Refrain from launching / immediately suspend an attack which may be expected to cause loss of civilian life or damage to civilian objects which would be excessive in relation to the direct military advantage anticipated;

(e) Take all feasible precautions prior to an attack in the choice of means and methods of attack with a view to avoiding or minimizing disproportionate loss of civilian life, injury to civilians and damage to civilian objects.

9. Establish a review board composed of military, edu- •• Within 3 months and ongoing cation and health experts / trained military command- •• Armed Forces and Government, with a ers to act as an internal oversight mechanism on the particular role for the Ministries of De- conduct of operations; design and review operational fence, Education and Health / [armed procedures; and assess incidents for remedial action group], for sharing with the CTFMR by the military chain-of-command. 40

Protection of schools and hospitals in the conduct of military operations

Activity Timeframe and responsible authority

10. Undertake / allow and do not obstruct or delay in •• Within 3 months and ongoing any way reparative measures to mitigate the impact of •• Government, with a particular role for incidents of attacks on schools and hospitals, including: the Ministries of Education and Health (a) Repairing damage; / [armed group], with the support of the CTFMR and other international and (b) Clearing military hazards; national child protection partners (c) Providing remedial education courses / emergency medical care;

(d) Establishing safe routes and alternative learning spaces / medical facilities.

11. De-militarize / vacate any schools and hospitals •• Within 3 months and ongoing which are being used for military purposes; avoid la- •• Government, Armed Forces and other belling schools as associated with any parties to con- related security forces / [armed group] flict, including through independent civilian initiatives to protect schools and hospitals, and civilian protective presence by civil society partners or community members.

12. Initiate a process for enacting domestic legisla- •• Immediate and ongoing tion integrating relevant international law protecting •• Government, with a particular role for schools, hospitals and related protected persons and the Ministry of Justice and parliamen- criminalizing violations under applicable international tary committees, in consultation with law and/or in breach of the military order. the CTFMR

13. Establish an independent complaints mechanism •• Within 3 months and ongoing known and accessible to communities, education and •• Ministries of Education and Health, in medical personnel, children and their families to confi- cooperation with the Armed Forces / dentially file complaints regarding incidents of attacks [armed group], with the support of civil or threats of attacks on schools, hospitals and related society partners and for sharing with protected persons, with consideration of potential the CTFMR protection concerns for victims and witnesses, for swift remedial action by the military chain-of-command.

14. Investigate, in a timely and transparent manner, •• Within 3 months and ongoing each incident of attacks or threats of attacks on schools, •• Armed Forces and the Government, hospitals and related protected persons which may be with a particular role for the Ministries in violation of applicable international or national law of Defence and Justice / [armed group] or the military order / political directive; prosecute and punish those responsible in line with international standards, including by imposing appropriate punitive sanctions or disciplinary measures on perpetrators, as well as putting in place remedial measures.

15. Review progress made and identify remaining is- •• Within 6 months and ongoing sues towards full compliance through report cards for •• [armed group], for sharing with the each operational / regional military commander, track- CTFMR ing steps taken (trainings, awareness raising sessions, engagement with the United Nations), any further incidents and remedial action taken, allowing for the leadership of the [armed group] to follow up on noncompliance by specific military commanders.

VI. Timeframe and applicability are fully implemented by the Government / [armed group] and monitored for compli- 6.1 The Action Plan takes effect on the date ance and verified by the CTFMR. of signature and will be ongoing until and for such time as all provisions of the Action Plan 41

6.2 This Action Plan may be amended or re- vised at any time by written mutual consent of the Government / [armed group] and the CTFMR, in conjunction with the OSRSG- CAAC. Any dispute arising out of or in con- nection with the Action Plan will be resolved amicably between the Government / [armed group] and the CTFMR. The parties may seek the advice of the OSRSG-CAAC in the event of a need for clarification.

VII. Signatures

In witness whereof, the duly authorized representatives of the parties to this Action Plan have put their signatures on this day, being [xx/xx/xxxx]:

For and on behalf of

Government of [xxx] / [armed group]

Name:

Title:

Signature:

Date:

For and on behalf of the CTFMR CTFMR Co-Chair

(SRSG or UN Resident Coordinator) (UNICEF Representative)

Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

Special Representative of the Secretary- General for Children and Armed Conflict

Title:

Signature:

Date:

Annex V: Draft Operational Strategy for the prevention of military use of schools

[This draft Operational Strategy relates to ties, which are recognizable and known to both Government armed forces and non- the community as such, but may or may not State armed groups. Some of the provisions, be marked by visible boundaries or signage. however, may differ, as Governments have a higher threshold of responsibilities which “Military use of schools” refers to a wide needs to be reflected as such. Blue is specific range of activities in which armed forces for Governments; green for armed groups.] or armed groups use the physical space of a school in support of the military effort, 1. Background whether temporarily or for a protracted period of time. The term includes, but is not The draft Operational Strategy aims at ad- limited to, the use of schools as military bar- dressing the concern raised by the Security racks, weapons and ammunition storage, Council in its resolution 1998 (2011) over command centers, defensive positioning, the military use of schools by Government observation posts, firing positions, interro- armed forces and non-State armed groups, gation and detention centers, training facili- its effects on the safety of children and edu- ties, and recruiting grounds. cation personnel, as well as the right to education during armed conflict. This was fur- 3. Commitments ther stressed in SCR 2143 (2014). In its effort to protect children, schools and Complementing the principles outlined in education personnel from the effects of the Lucens Guidelines1 on the military use armed conflict, to avoid putting at risk the of schools, the Operational Strategy pro- physical safety of children and related per- vides a number of concrete, practical activi- sonnel, and to ensure the civilian status of ties to be undertaken with a view to reduce schools as safe learning environments for the military use of schools and mitigate its children, the [party to conflict] commits to impact on children. take all feasible measures to refrain from using schools for military purposes. Acknowl- 2. Definitions edging that the military use of schools may result in increased risk of attack by opposing For the purpose of this Operational Strat- armed forces or armed groups and may im- egy, the following definitions will be applied: pact access to education for children, [the party to conflict] further commits to: “Schools” refer to all learning sites and education facilities, as determined by the local (I) Prevent the military use of schools: Fully context, both formal and informal, secular or comply with the principles of distinction be- religious, providing early childhood, primary tween civilians/civilian objects and combat- and secondary education as well as voca- ants/military objectives and the principle of tional training to children. “Schools” include precautions against the effects of attacks, all school-related spaces, structures, infra- as provided in international humanitarian structure and grounds attached to them, law, and therefore avoid the military use such as water, sanitation and hygiene facili- of schools. Should schools be used by any party, a full investigation with a view toward 1 Draft Lucens Guidelines for Protecting Schools immediate cessation of such use should be and Universities from Military Use during Armed Conflict. undertaken.; 44

(II) Issue a military command order to bring schools and education personnel, including effect to the commitment as laid out in para- full prohibition and criminalization of such graph one above providing a clear prohibi- use of schools. tion of the military use of schools. Precautionary measures in the conduct of (IV) Awareness raising and capacity building: military operations Disseminate widely the norms and stand- (5) Integrate the military order/political di- ards on the protection of schools from use rective on military use of schools in overall for military purposes, including through a military planning, preparation and conduct clear written military order, awareness-rais- of military operations in order to identify al- ing among the military rank-and-file and af- ternatives and thus avoid using schools for fected communities, as well as inclusion in military purposes; military training and operational practices; (6) Conduct an assessment of all risks posed (V) Mitigating the impact: Take all feasi- to children, education personnel, the school ble measures not to endanger the lives itself and children’s education, whenever and safety of children, teachers and other considering the placement of military instal- education personnel, as well as the physi- lations/detachments in the vicinity of schools cal structure and functioning of schools, and along routes to schools; including by undertaking precautionary, protective, reparative, and accountability (7) In areas of combat operations, where initiatives mitigating the effects of military schools may be exposed to danger, endeav- use of schools on children. or to provide advance warning to children and education personnel to allow them time 4. Practical roadmap to relocate;

In implementing the commitments outlined (8) Avoid utilizing military personnel to pro- above, [the party to conflict] will undertake tect schools. When possible, consider alter- the following concrete and action-oriented natives to military protection of schools. measures: Protective, reparative and accountability Dissemination of clear norms and standards measures

(1) Formulate clear and explicit rules for pro- (9) Demilitarize / vacate schools currently tecting schools from military use thereby pro- being used for military purposes and allow tecting children from attack, and issue such schools to be reinstated as secure learning rules in a military order/political directive to environments for children, including by re- the military rank-and-file/political actors; pairing / allowing the repair of all damage (2) Ensure the inclusion of the military order and clearing military hazards from schools on military use of schools in all military doc- and routes to schools; trine, manuals and training throughout the (10) Investigate all cases of military use of military chain-of-command, as well as Stand- schools, and when incidents amount to ard Operating Procedures, operational or- breaches of the military order/political di- ders, and Rules of Engagement; rective, impose punitive sanctions or disciplinary measures on perpetrators, including (3) Reach out to local communities and in- commanders; and, when incidents amount form education personnel, children and their to violations of applicable international or families on the military order/political direc- national law, investigate, prosecute and pun- tive, and establish an independent commu- ish in line with international standards. nity alert mechanism to trigger remedial action in case of violations;

(4) Enact domestic legislation codifying relevant international law protecting schools from military use and aiming at the highest degree of legal protection for children,