Use the Guidelines and bring them into domestic policy and operational frameworks as far as possible and appropriate
The Guidelines are intended to provide guidance to states and armed non-state actors for the planning and execution of military operations. They are primarily aimed at parties involved in armed conflict. The Guidelines are intended, therefore, for wide dissemination and implementation by both state and armed non-state actors.
Below is a non-exhaustive list of recommended actions to be undertaken by governments, the security sector, and civil society and international organizations to operationalize the Guidelines.
International Organizations and Civil Society Sector
EXAMPLES OF GOOD PRACTICE
Democratic Republic of Congo: The DRC issued a directive outlining the explicit prohibition of requisitioning schools, stating "[A]ll those found guilty of one of the following shortcomings will face severe criminal and disciplinary sanctions: ... requisition of schools ... for military purposes.”- Ministerial Directive on the implementation of the Action Plan, Department of National Defence and Veterans, NoVPM/MDNAC/CAB/2089/2012, November 3, 2012.
Philippines: In January 2019, the Philippines adopted the Children in Situations of Armed Conflict bill, which criminalizes the occupation of schools or disruption of education activities during armed conflict. Attacks on schools are also prohibited (Section 9(b)(9)) on penalty of imprisonment for 14-20 years and a fine of 1-2 million pesos. -“Republic Act 11188 or an Act Providing Special Protection of Children in Situations of Armed Conflict and Providing Penalties Thereof”
South Sudan: By Order of the Army Chief of Staff (Lt. Gen. Thomas Cirillo Swaka, Acting Sudan People’s Liberation Army Chief of Staff, 557/9/2014, September 10, 2014), all soldiers are prohibited from occupying or using schools in any manner. Anyone who violates the directive is subject to the full range of disciplinary and administrative measures available under South Sudanese and international law.
Sudan: In July 2017, the Sudanese Armed Forces (SAF) circulated a command order to all divisions prohibiting the military use of schools. The SAF began the process of evacuating and rehabilitating schools that had been in use by the National Intelligence Security Services. A school in South Kordofan was evacuated and rehabilitated in August 2016, having been occupied by the Sudanese National Intelligence Security Services (NISS) since March 2016. It was evacuated following advocacy by the UN and the Sudanese Ministry of Education.
Ecuador: National legislation passed in 2010 determined that campuses of universities and other higher education institutes cannot be searched and must be used exclusively for educational purposes, stating that “the monitoring and maintenance of internal order are the responsibility of campus authorities…those who violate these campuses will be sanctioned in accordance with law."- Ley Orgánica de Educación Superior. República del Ecuador. Registro Oficial Suplemento 298 de 12-oct. 2010. Art. 19.
Italy: In 2020, the Government reported that their draft 4th National Action Plan on implementation of UN Security Council Resolution 1325 on Women, Peace, and Security, references protecting education and the Safe Schools Declaration.
Mali: In March 2020, the Safe Schools Declaration Technical Committee launched an Action Plan with concrete activities to disseminate the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict, and incorporate protection of schools and universities into national legislation. In May 2020, the Ministry of Education and the Technical Committee issued a letter to the Ministry of Defence asking them to respect the spirit of the Guidelines while schools were closed due to the pandemic, and not use schools for military purposes.
Philippines: National legislation includes an explicit protection of educational facilities from military use: “Public infrastructure such as schools … shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots…"- RA No. 7610, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation, and Discrimination, Providing Penalties for its Violation and Other Purposes, June 17, 1992, art. X(22)(e).
Military doctrine and manuals
Colombia: Military use of educational institutions is characterized as a violation of the principles of distinction and precaution in a military order: “Considering International Humanitarian Law norms, it is considered a clear violation of the Principle of Distinction and the Principle of Precaution in attacks and, therefore a serious fault, the fact that a commander occupies or allows the occupation by his troops, of … public institutions such as education establishments."- General Commander of the Military Forces, order of July 6, 2010, official document Number 2010124005981 / CGFM-CGING- 25.11.
Denmark: The military manual on the law of the armed forces explicitly protects educational institutions: “Protection of children entails some respect for children’s right to education etc., including in conflict affected areas… [R]estraint should be exercised with respect to use of schools and other education institutions in support of Danish military operations. This particular focus on schools is due to the grave consequences of military use, not only in terms of immediate risk to the lives of children and young people, who may be in or in the neighborhood of such schools, but also more long-term consequences for school aged children."- Military Manual on the Law of the Danish Armed Forces in International Military Operations, September 2016, pp. 45, 115, & 154.
Ecuador: Ecuador’s Armed Forces’ Manual of International Humanitarian Law of 2016 states that “educational ... institutions shall be considered as neutral and as such respected and protected by belligerents. The same respect and protection shall be due to the personnel of the institutions mentioned above.”
New Zealand: New Zealand has released their updated military manual, which highlights the importance of protecting education and calls for military use of educational infrastructure to be avoided unless absolutely necessary, with a footnote to the Declaration and Guidelines. It also says that schools that have become military targets may only be attacked if “imperatively demanded by military necessity", which is in line with Guideline 4. “Use and occupation of schools and other educational institutions obviously inhibits the exercise of this right [to education] and is to be avoided wherever possible… [Defence forces] are not to use school buildings or facilities for military purposes unless it is absolutely necessary." – Manual of Armed Forces Law, volume 4, 2019.
Spain: In June 2020, the Ministry of Defense released its new national defense directive stating that in their operations abroad, the armed forces will be supporting implementation of “the Safe Schools initiative”.
Switzerland: The Swiss Armed Forces have revised their manual on the legal principles applicable in military operations to include explicit protections for schools from military use. “Particular caution is required regarding educational institutions. Their destruction can bring particularly serious disadvantages for people and the future of the country. Schools are also home to many children who are to be protected because of their vulnerability, while universities and other higher education establishments regularly display significant cultural assets. Educational institutions must therefore be accorded special importance in the context of precautionary measures and proportionality. Their military use is to be avoided.‘’- Swiss Armed Forces manual on the law of armed conflict, addition of May 1, 2019.
United Kingdom: Reference to the Safe Schools Declaration and a copy of the Guidelines have been included in the Ministry of Defense’s Joint Service Publication 1325 on Human Security in Military Operations. In August 2020, the Foreign and Commonwealth Office, the Department for International Development, and the Ministry of Defense published an updated policy paper on the Protection of Civilians in Armed Conflict. The paper notes the country’s endorsement of the Safe Schools Declaration and the need to improve accountability for violations of children’s rights in conflict.
African Union: In 2021, the African Union Doctrine on Peace Support Operations states that the “AU shall systematically address and mainstream the rights as well as ensure protection and welfare of children…including into the work of relevant components of all AU Peace Support Operations (PSOs) policies, strategies, training and briefing programs. These steps shall be with a view to ensure full compliance with IHL, in particular to ensure that schools are not attacked and used for military purposes”.
Central African Republic: MINUSCA issued a directive in 2015 (MINUSCA/OSRSG/046/2015) which states that “[a]ll MINUSCA military and police personnel should avoid encroaching on the security and education of children by using the following guidelines as good practice […] The use of a school or university by a party to a conflict is not permitted, and cannot provide grounds for continuation of such use”.
Somalia: In 2017, in the context of implementing the Declaration, AMISOM handed a number of educational buildings back to the authorities, including the Somali National University. Prior to the handover, the UN Support Office in Somalia supported the clearance of all unexploded ordnance and rehabilitated the buildings that had been occupied by the troops.
United Nations Department of Peace Operations: There is an explicit ban on military use of schools in the UN peacekeeping framework: “Schools shall not be used by the military in their operations.”- United Nations Department of Peacekeeping Operations, United Nations Department of Field Support, United Nations Infantry Battalion Manual, Vol. I, August 2012, section 2.13.
Côte d’Ivoire: The armed forces of Côte d’Ivoire have integrated modules on the rights and protection of children, including a specific module on prohibiting occupation of schools and training institutions. The training is established in the four military regions of Côte d'Ivoire, and provided by a child protection cell, which is staffed with trained military personnel.
Mali: In October 2020, the Technical Committee held a capacity-building workshop on implementing the Safe Schools Declaration and the Guidelines.
Nigeria: In November 2020, the Nigerian National Human Rights Commission launched a two-day training programme for its staff on Principles of the Safe School Declaration to further build their capacity to protect education from attack.
United Nations Department of Peace Operations: DPO integrated a case study on military use of schools in child protection training materials for UN peacekeepers. The case study includes a scenario of military use of a school and suggested questions to guide the discussion. -United Nations Department of Peacekeeping Operations, Specialized Training Materials on Child Protection for Peacekeepers – Trainers Guide, Module 6, pp. 144-145.