Court also finds it useful and appropriate to have recourse to other international treaties such as the Geneva Conventions of August 12, 1949 158 and, in particular, Article 3 common to the four Conventions,159 Protocol II additional to the Geneva Conventions and relating to the Protection of Victims of Non-International Armed Conflicts of June 8, 1977 (hereinafter “additional Protocol II”) to which the State is a party, and customary international humanitarian law, 160 as supplementary instruments and based on their specificity on this matter. 89. International humanitarian law safeguards children, in general, as part of the civilian population; that is, those who do not participate actively in the hostilities, and who must receive humane treatment and not be attacked. In addition, children, who are most vulnerable to suffer violations of their rights during armed conflicts, are beneficiaries of a special protection in function of their age, and for this reason the State must provide them with the care and assistance that they require. Article 38 of the Convention on the Rights of the Child161 also reflects this principle. The list of measures of this nature in treaties on international humanitarian law include those whose purpose is to preserve family unity and to facilitate the search for, identification and reunification of families separated as a result of an armed conflict and, in particular of separated or unaccompanied minors. Moreover, in the context of non-international armed conflicts, State obligations towards children are defined in Article 4(3) of Protocol II additional to the Geneva Conventions, which establishes, among other matters, that: “(b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated […].”162 Cf., in particular, Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, adopted on August 12, 1949, by the Diplomatic Conference for the establishment of international conventions for the protection of war victims, held in Geneva from April 12 to August 12, 1949, which entered into force on October 21, 1950, and was ratified by Guatemala on May 14, 1952. 158 Article 3 common to the four Geneva Conventions establishes: Conflicts not of an international character. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed 'hors de combat' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.” 159 Cf. International Committee of the Red Cross. Customary International Humanitarian Law, Vol. I, edited by Jean-Marie Henckaerts and Louise Doswald-Beck, 2007. 160 161 Article 38 stipulates that: 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child. 2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. 3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest. 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. According to the International Committee of the Red Cross this obligation has been defined as: “Parties to the conflict must do their best to restore family ties, i.e., they should not only permit searches undertaken by members of dispersed families, but they should even facilitate them.” Commentary on Protocol II additional to the Geneva Conventions of 1949 and 162 29