COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-sixth session 17 September- 5 October 2007

OPTIONAL PROTOCOL ON THE INVOLVEMENT

OF CHILDREN IN ARMED CONFLICT

List of issues to be taken up in connection with the consideration

of the initial report of LUXEMBOURG (CRC/C/OPAC/LUX/1)

Under this section the State party is requested to submit in written form additional and updated information, if possible, before 6 August 2007 .

1.Please indicate whether there is any legal provision criminalizing compulsory recruitment or involving in hostilities of a person under 18.

2.In paragraph 8 of the State party’s report, it is stated that the Armed Forces Chief of Staff has been instructed to select only candidates who are at least 18 years old for voluntary participation in peacekeeping missions. Please explain whether this ‘instruction’ is just an informal rule or if it is actually provided for by the law.

3.In paragraph 10 of the State party’s report, it is stated that the Act of 20 December 2002 which amends the Military Organization Act prohibits the involvement of volunteer soldiers under 18 either in operations of collective or common defence or in peacekeeping operations. In this respect, please explain what does “direct participation in hostilities” mean under the State party’s legislation.

GE.07-426714.Please provide information on measures adopted with regard to the physical and psychological recovery and social reintegration of refugee, asylum-seeking and migrant children entering Luxembourg who may have been recruited or used in hostilities abroad.

5.Please provide information as to whether the State party may assume extraterritorial jurisdiction over the war crime of conscripting or enlisting children under the age of fifteen into the armed forces, or using them to participate actively in hostilities. Also in relation to extraterritorial jurisdiction, please indicate whether courts in Luxembourg may establish their jurisdiction in case of the compulsory recruitment or involving in hostilities of a person under 18 if committed outside Luxembourg by or against a citizen of Luxembourg.

6.Please explain how access to arms is regulated within the State party. Also, please provide information on the rules regulating the production, sale and distribution of small arms and other weaponry.

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