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made a statement of understanding regarding the meaning of the phrase “direct part in hostilities”in the Child Soldiers Protocol. 443As a Party to the Child Soldiers Protocol, the United States also has an obligation toensure that persons who have not attained the age of 18 years are not compulsorily recruited intoits armed forces. 444 In a declaration deposited pursuant to Article 3(2) of the Child SoldiersProtocol, 445 the United States described its measures in place to comply with this obligation andstated that the minimum age at which it permitted persons to be voluntarily recruited in the U.S.Armed Forces is 17 years of age. 4464.20.5.3 Treatment of Child Soldiers. In general, children receive the rights,duties, and liabilities of combatant status on the same basis as other persons. For example, thereis no age requirement for someone to receive POW status. Similarly, whether a civilian isconsidered to be taking a direct part in hostilities does not depend on that person’s age.Children who have participated in hostilities or been associated with an armed force whoare detained might require additional consideration because of their age. For example, rules forthe additional provision for their education might be applicable. 447 Similarly, it might beappropriate to take into account the age of a defendant in determining liability or punishment forviolations of the law of war.443 See United States, Statement on Ratification of the Child Soldiers Protocol, Dec. 23, 2002, 2201 UNTS 311, 312(“(2) The United States understands that, with respect to Article 1 of the Protocol - … (B) the phrase ‘direct part inhostilities’ - (i) means immediate and actual action on the battlefield likely to cause harm to the enemy because thereis a direct causal relationship between the activity engaged in and the harm done to the enemy; and (ii) does notmean indirect participation in hostilities, such as gathering and transmitting military information, transportingweapons, munitions, or other supplies, or forward deployment;”). This statement of understanding was intended toaddress the usage of the phrase “direct part in hostilities” in the context of these treaty obligations relating tolimiting the participation of children in armed conflict, and the phrase “direct part in hostilities” may be interpreteddifferently in other contexts, such as the circumstances in which civilians forfeit their protection from being madethe object of attack. Refer to § 5.9 (Civilians Taking a Direct Part in Hostilities).444 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in ArmedConflict, art. 2, May 25, 2000, 2173 UNTS 222, 237 (“States Parties shall ensure that persons who have not attainedthe age of 18 years are not compulsorily recruited into their armed forces.”).445 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in ArmedConflict, art. 3(2), May 25, 2000, 2173 UNTS 222, 237 (“Each State Party shall deposit a binding declaration uponratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntaryrecruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that suchrecruitment is not forced or coerced.”).446 United States, Statement on Ratification of the Child Soldiers Protocol, Dec. 23, 2002, 2201 UNTS 311 (“(A) theminimum age at which the United States permits voluntary recruitment into the Armed Forces of the United States is17 years of age; (B) The United States has established safeguards to ensure that such recruitment is not forced orcoerced, including a requirement in section 505 (a) of title 10, United States Code, that no person under 18 years ofage may be originally enlisted in the Armed Forces of the United States without the written consent of the person’sparent or guardian, if the parent or guardian is entitled to the person’s custody and control; (C) each person recruitedinto the Armed Forces of the United States receives a comprehensive briefing and must sign an enlistment contractthat, taken together, specify the duties involved in military service; and (D) all persons recruited into the ArmedForces of the United States must provide reliable proof of age before their entry into military service.”).447 Refer to § 9.16.2 (Education); § 10.16.2 (Education).169