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Measures shall be taken, if necessary, and whenever possible with the consent of theirparents or persons who by law or custom are primarily responsible for their care, to removechildren temporarily from the area in which hostilities are taking place to a safer area within thecountry and ensure that they are accompanied by persons responsible for their safety and wellbeing.140 The death penalty shall not be pronounced on persons who were under the age ofeighteen years at the time of the offense and shall not be carried out on pregnant women ormothers of young children. 14117.10.2 Children and Participation in Non-International Armed Conflict. Children whohave not attained the age of fifteen years shall neither be recruited in the armed forces or groupsnor allowed to take part in hostilities. 142 Children who are captured and who have taken a directpart in hostilities remain entitled to the special protections afforded to children. 143The use or recruitment of child soldiers is an offense in U.S. law. 144has additional obligations as a Party to the Child Soldiers Protocol. 145The United States17.11 PROTECTION OF CULTURAL PROPERTY IN NIAC17.11.1 Application of Certain Provisions of the 1954 Hague Cultural PropertyConvention. In the event of an armed conflict not of an international character occurring withinthe territory of one of the Parties to the 1954 Hague Cultural Property Convention, each party tothe conflict shall be bound to apply, as a minimum, the provisions of the 1954 Hague CulturalProperty Convention that relate to respect for cultural property. 146139 Consider AP II art. 4(3)(b) (“all appropriate steps shall be taken to facilitate the reunion of families temporarilyseparated;”).140 Consider AP II art. 4(3)(e) (“[M]easures shall be taken, if necessary, and whenever possible with the consent oftheir parents or persons who by law or custom are primarily responsible for their care, to remove childrentemporarily from the area in which hostilities are taking place to a safer area within the country and ensure that theyare accompanied by persons responsible for their safety and well-being.”).141 Refer to § 8.16.2.4 (Limitations on the Death Penalty).142 Consider AP II art. 4(3)(c) (“[C]hildren who have not attained the age of fifteen years shall neither be recruited inthe armed forces or groups nor allowed to take part in hostilities;”); ROME STATUTE art. 8(2)(e)(vii) (defining “warcrime” to include “[c]onscripting or enlisting children under the age of fifteen years into armed forces or groups orusing them to participate actively in hostilities” in non-international armed conflict).143 Consider AP II art. 4(3)(d) (“the special protection provided by this Article to children who have not attained theage of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the provisions ofsub-paragraph c) and are captured;”).144 Refer to § 4.20.5.1 (U.S. Offense of Recruiting or Using Child Soldiers).145 Refer to § 4.20.5 (Child Soldiers); § 17.2.1.2 (Implicit Application of Treaty Provisions to Situations in NIAC).146 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 19(1) (“In the event of an armed conflict not of aninternational character occurring within the territory of one of the High Contracting Parties, each party to theconflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect forcultural property.”).1038