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• special agreements for the release, the repatriation, the return to places of residence, orthe accommodation in a neutral country of, among others, children, pregnant women, andmothers with infants and young children. 4364.20.5 Child Soldiers. Certain provisions of treaties and U.S. law seek to restrict the useor recruitment of children in armed conflict. If children are nonetheless employed in armedconflict, they generally are treated on the same basis as adults, although children may be subjectto special treatment in detention because of their age.Prohibitions on the use or recruitment of children also apply in non-international armedconflict. 4374.20.5.1 U.S. Offense of Recruiting or Using Child Soldiers. U.S. law makes it acrime, under certain circumstances, to recruit, enlist, or conscript a person to serve in an armedforce or group, while such person is under 15 years of age. 438 U.S. law also makes it a crime touse a person under 15 years of age to participate actively in hostilities. 439 These restrictions inU.S. law are similar to provisions in treaties to which the United States is not a Party. 4404.20.5.2 Child Soldiers Protocol. As a Party to the Optional Protocol to theConvention on the Rights of the Child on the involvement of children in armed conflict, 441 theUnited States must “take all feasible measures to ensure that members of [its] armed forces whohave not attained the age of 18 years do not take a direct part in hostilities.” 442 The United States436 Refer to § 10.9.6 (Agreements for the Release, Return, or Accommodation in a Neutral Country of CertainClasses of Internees).437 Refer to § 17.10.2 (Children and Participation in Non-International Armed Conflict).438 18 U.S.C. § 2442(a) (making punishable, under certain circumstances, “[w]hoever knowingly— (1) recruits,enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; …knowing such person is under 15 years of age”).439 18 U.S.C. § 2442(a) (making punishable, under certain circumstances, “[w]hoever knowingly … (2) uses aperson under 15 years of age to participate actively in hostilities; knowing such person is under 15 years of age”).440 Consider AP I art. 77(2) (“The Parties to the conflict shall take all feasible measures in order that children whohave not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrainfrom recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteenyears but who have not attained the age of eighteen years the Parties to the conflict shall endeavour to give priorityto those who are oldest.”); Convention on the Rights of the Child, art. 38(2)-(3), Feb. 16, 1995, 1577 UNTS 3, 56(providing that “States Parties shall take all feasible measures to ensure that persons who have not attained the ageof fifteen years do not take a direct part in hostilities” and that “States Parties shall refrain from recruiting anyperson who has not attained the age of fifteen years into their armed forces”); ROME STATUTE art. 8(2)(b)(xxvi)(defining ‘war crime’ to include “[c]onscripting or enlisting children under the age of fifteen years into the nationalarmed forces or using them to participate actively in hostilities” in international armed conflict).441 2201 UNTS 311 (“RATIFICATION (WITH DECLARATION AND UNDERSTANDINGS) United States of America Depositof instrument with the Secretary-General of the United Nations: 23 December 2002”).442 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in ArmedConflict, art. 1, May 25, 2000, 2173 UNTS 222, 237 (“States Parties shall take all feasible measures to ensure thatmembers of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities.”).168