The twelve-day war between Iran and Israel was a short-term armed conflict that caused devastating physical, psychological, and financial harm to civilians. Of particular importance is an examination of the rights of children—the most vulnerable group in society—who were directly affected by this war, as well as the responsibilities of governments in this regard. These rights are recognized under various authoritative international documents within the frameworks of children’s rights, human rights, and international humanitarian law. Regarding the civilians and children killed in Israel’s military strikes on Iran, different figures have been presented by various institutions. However, what is certain is the significant number of children among the victims and injured. This article first reviews children’s rights in armed conflicts under international instruments, then analyzes the responsibilities of the governments of Iran and Israel in relation to these rights during the twelve-day war.

The Protection of Children in Armed Conflicts under International Instruments

Children’s rights in armed conflicts have been addressed in numerous international instruments. This article references some of the most important ones. According to Article 1 of the 1989 Convention on the Rights of the Child (to which both Iran and Israel are parties), a child is defined as any human being under the age of 18. Article 38 of this Convention emphasizes the protection of children in armed conflicts, requiring all state parties, in accordance with their obligations under international humanitarian law, to take all feasible measures to ensure the protection and care of children affected by armed conflict. Article 39 further requires states to take appropriate measures to promote physical and psychological recovery and social reintegration of children who have been victims of armed conflict.

The Convention also prohibits the use of children in armed forces. This prohibition is echoed in Article 77 of the First Additional Protocol to the Geneva Conventions (1977), and under Article 38 of the Rome Statute of the International Criminal Court (adopted in 1998), the recruitment and use of children as combatants is considered a war crime.¹

Article 51 of the aforementioned Additional Protocol addresses the protection of civilians during armed conflict. It prohibits the failure to distinguish between military and civilian areas, indiscriminate attacks, targeting civilians and their property, and attacks on vital infrastructure essential for civilian survival—all of which constitute war crimes.

In 2000, the United Nations General Assembly adopted the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. This protocol strengthens the protection of children in armed conflict and may be considered the first example of a human rights treaty text fully addressing international humanitarian law.² The preamble of this protocol reaffirms support for the Convention on the Rights of the Child, emphasizes the special and non-discriminatory protection of children’s rights, expresses concern over the widespread and harmful effects of armed conflicts on children, and condemns the targeting of children and locations they occupy—such as schools and hospitals—in such conflicts. The preamble also recalls Article 9 of the Convention on the Rights of the Child and states that this protocol shall not affect the rights enshrined in the UN Charter, including Article 59, nor the norms related to humanitarian law.³

The United Nations Security Council took a major step in protecting children in armed conflicts with Resolution 1261 (adopted in 1999). Expressing deep concern over the harmful and widespread impact of armed conflict on children and its long-term consequences, the Security Council strongly condemned actions such as killing and maiming children, sexual violence, abduction and forced displacement, recruitment and use of children in armed conflict, and attacks on facilities protected under international law—including schools and hospitals where children are often present—and emphasized the prosecution of violators.

Resolution 1612 (adopted in 2005) laid out a comprehensive framework for addressing the protection of children affected by armed conflict. It stipulated that child protection should be a central component of any comprehensive strategy for conflict resolution. The Security Council emphasized that parties violating children’s rights should face targeted measures (such as arms embargoes) and called on all parties to include the rights of children in peace processes, agreements, and post-war reconstruction programs.

In line with this, the Security Council Working Group on Children and Armed Conflict was established on November 16, 2005, as a subsidiary body composed of all Security Council members. Its purpose is to directly and exclusively examine the situation of states or groups violating international obligations to protect children in armed conflicts, based on reports from the UN Secretary-General, and to adopt necessary decisions.⁴

Responsibilities of the Governments of Iran and Israel in Protecting Children During the Twelve-Day War

Due to severe censorship, conflicting information, and lack of access for independent reporters, evaluating violations of human rights and international humanitarian law during the twelve-day war between Iran and Israel is difficult. Moreover, no reputable international organization has yet published a report regarding war crimes, particularly violations of children’s rights in this conflict. Therefore, any analysis in this regard is based solely on media reports and figures released by the official sources of the involved parties and may require revision or adjustment in the future.

According to published reports and images, numerous civilian centers and hospitals in Iran were targeted by Israeli attacks. Many children were killed or injured in their homes. These attacks were indiscriminate and often lacked prior warning, clearly constituting war crimes. Issuing an evacuation warning for a large urban area (where evacuation is practically impossible), or attacking a residence on the pretext that a military or nuclear official resides there—resulting in the deaths of numerous civilians and children—cannot justify such war crimes.

According to Security Council Resolution 1612, the Israeli government is obligated to hold accountable those responsible for violating children’s rights during the twelve-day war and to cooperate with UN monitoring and reporting mechanisms—should they choose to address the issue. Additionally, the Security Council may intervene and even refer the matter to the International Criminal Court for investigation of the war crimes and identification of those responsible, although given the mechanisms and policies of the Council’s members, such action seems unlikely.

Based on publicly available information, Iran’s attacks on Israel during the conflict did not result in the deaths of children. However, strikes on civilian centers and hospitals could be seen as violations of humanitarian law and contrary to the rights addressed in the first part of this article. Nevertheless, Iran was obligated to provide full protection for children against Israeli attacks. These obligations under international instruments include evacuating areas at risk, issuing appropriate warnings (such as sounding sirens before aerial and missile attacks), and providing safe shelters during bombardment—all of which Iran failed to implement effectively.

Even short-term wars have severe psychological effects on children. The Iranian government is obliged to plan concrete measures to improve children’s mental health in the near future.

References:
¹ Shari’at Bagheri, Mohammad Javad, Documents of the International Criminal Court, 4th edition, Tehran: Jangal Publications, 2014, pp. 10–15.
² Siah Rostami, Hajar; Hosseinnezhad, Katayoun; Afchangehi, Mohsen, International Humanitarian Law Related to the Protection of Individuals in Armed Conflicts (Geneva Documents Collection), Tehran: Iran Red Crescent Scientific-Applied University, 2010, p. 194.
³ Tala’at, Armin; Ahangar Asil, Mohammad, The Protection of Children in Armed Conflicts Under International Instruments, Legal Research Journal, No. 30, Second Semester 2016, p. 126.
⁴ Aghazadeh, Javad, The United Nations Security Council and the Protection of Children in Armed Conflicts, Foreign Policy Quarterly, Vol. 30, No. 2, Summer 2016, p. 150.