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law of war as also including sources of authority, the punishment of unprivileged belligerents isalso grounded in the international law of war. 422Although the relationship between unprivileged belligerency and the law of war has beencharacterized in different ways, it is well-accepted that States may punish unprivileged enemybelligerents after a fair trial.4.20 CHILDRENThe GC provides special protection for children in order to protect them against thedangers of war. In addition, certain provisions of treaties and U.S. law seek to restrict the use orrecruitment of children in armed conflict.4.20.1 Specific Protections for All Children During International Armed Conflict.4.20.1.1 Children Under Fifteen Who Are Orphaned or Separated. The parties tothe conflict shall take the necessary measures to ensure that children under fifteen, who areorphaned or are separated from their families as a result of the war, are not left to their ownresources, and that their maintenance, the exercise of their religion, and their education arefacilitated in all circumstances. 423 The maintenance of the children concerned means theirfeeding, clothing, and accommodation, care for their health, and, where necessary, medical andhospital treatment. 424Their education shall, as far as possible, be entrusted to persons of a similar culturaltradition. 425 This provision is intended to exclude inappropriate religious or political propagandadesigned to influence them. 426The parties to the conflict shall facilitate the reception of such children in a neutralcountry for the duration of the conflict with the consent of the Protecting Power, if any, andunder due safeguards for the observance of the principles stated in the first paragraph of Article24 of the GC. 427422 Refer to § 1.3.3.2 (Law of War as Permissive Law).423 GC art. 24 (“The Parties to the conflict shall take the necessary measures to ensure that children under fifteen,who are orphaned or are separated from their families as a result of the war, are not left to their own resources, andthat their maintenance, the exercise of their religion and their education are facilitated in all circumstances.”).424 GC COMMENTARY 187 (“The maintenance of the children concerned means their feeding, clothing, andaccommodation, care for their health and, where necessary medical and hospital treatment.”).425 GC art. 24 (“Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.”).426 GC COMMENTARY 187 (“That provision is most important. It is intended to exclude any religious or politicalpropaganda designed to wean children from their natural milieu; for that would cause additional suffering to humanbeings already grievously stricken by the loss of their parents.”).427 GC art. 24 (“The Parties to the conflict shall facilitate the reception of such children in a neutral country for theduration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for theobservance of the principles stated in the first paragraph.”).166

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