Introduction: Within the framework of international humanitarian law, the commitment of non-state armed groups to international norms serves as a tool to mitigate the impacts of war on civilians, particularly children. One such legal instrument is the “Deed of Commitment for the Protection of Children from the Effects of Armed Conflict” under the auspices of the non-governmental organization “Geneva Call”. This article examines the document signed in 2015 by the “Kurdistan Freedom Party – PAK” and compares it with field realities and reports of human rights violations.
1. Technical Specifications and Signatories of the Document
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Document Title: Deed of Commitment under the auspices of Geneva Call for the Protection of Children from the Effects of Armed Conflict.
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Date of Signing: June 28, 2015.
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Location of Signing: Republic and Canton of Geneva, Switzerland.
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Signatory Party: Kurdistan Freedom Party (PAK).
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Signatory Representative: Hussein Yazdanpanah, in his capacity as the Vice President of the party.
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Witnesses and Observers: Eric Evans (Director of Operations of Geneva Call) and Anja Wyden Guelpa (Chancellor of the State of Geneva) as the custodian of the documents.
📥 [Download the PDF of the Full Text and Original Version of the Geneva Call Deed of Commitment – Kurdistan Freedom Party] (The original document is attached for the access of researchers and human rights activists)
2. Core Themes and Commitments of the Document
This document contains 16 articles binding the Kurdistan Freedom Party to adhere to high human rights standards. Its core pillars include:
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Absolute Prohibition of Child Recruitment: Banning the deployment and recruitment of children (individuals under 18) in hostilities, whether voluntary or compulsory (Paragraphs 1 and 2).
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Definition of a Child: Acceptance of the international standard of 18 years as the threshold of childhood, and the obligation to treat doubtful cases under the presumption of childhood.
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Release and Rehabilitation: Commitment to separating children from military ranks and facilitating their return to civilian life in cooperation with specialized agencies (Paragraph 6).
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Humanitarian Access: Facilitating children’s access to education, medical care, and family reunification (Paragraph 7).
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Accepting Monitoring: Permitting Geneva Call and other independent organizations to monitor and verify compliance with the commitments (Paragraph 9).
3. Comparative Analysis: Paper Commitments vs. Field Realities
Despite nearly a decade since the signing of this document, documented data from the Iranian Kurdistan Human Rights Watch (IKHRW) reveals a deep chasm between the “text of the document” and the “group’s field performance.” This contradiction can be analyzed across three areas:
A) Continued Recruitment and Violation of the Optional Protocol
According to reports registered by the IKHRW, numerous instances of individuals under the age of 18 present within the military structure of the PAK group have been documented. Based on the standards of the United Nations Monitoring and Reporting Mechanism (MRM), this action constitutes a “Grave Violation” of children’s rights in armed conflicts. The use of alternative terminology to justify the presence of adolescents in military camps explicitly violates Paragraph 3 of this deed.
B) Denial of Humanitarian Access
In accordance with the Guidance Note 2025 of the UN Secretary-General’s Special Representative for Children and Armed Conflict (SRSG-CAAC), preventing a child from contacting their family and depriving them of civilian education qualifies as the “denial of humanitarian access.” Documentation by the Iranian Kurdistan Human Rights Watch shows that in many cases, PAK has blocked communication between child members and their families in Iran. This act is not only a breach of Paragraph 7 of the deed but is also considered an “Arbitrary Deprivation of Liberty.”
C) Lack of Transparency and Independent Monitoring
Paragraph 9 of the document obligates the group to accept independent inspections. However, to date, no transparent and independent report has been published by international bodies verifying the complete removal of children from this group’s camps in the Kurdistan Region of Iraq. The lack of access for human rights organizations to these camps undermines the credibility of the claims made in the document.
4. Legal Conclusion
The document signed by Hussein Yazdanpanah, though outwardly a step toward international legitimacy, intensifies the criminal liability of the group’s commanders under international law regarding the violations committed. Signing this deed signifies “full awareness” of the prohibition of child recruitment; thus, any documented report indicating the presence of children within this group post-2015 could be cited as evidence of a “war crime” in international courts.
Final Recommendation: To transform this document from a propaganda tool into a legal reality, it is essential that:
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An independent committee under the supervision of the UN-MRM be formed to inspect PAK group camps.
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All individuals under 18 years of age be unconditionally handed over to the International Committee of the Red Cross (ICRC) or civil society organizations.
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The right of families to access their children be recognized as a non-negotiable humanitarian principle.
