Child soldiers and international law: Patchwork gains and conceptual debates

The Proliferation Of Child Soldier In Modern Warfare And Its Social-Economic And Security Implication

“…This aspect of the child soldier phenomenon is difficult to position and that is because governments are held accountable to international treaties and conventions so non-state actors mentioned in the Optional Protocol is an important step in the protection of child soldier. Addressing non-state cases is more problematic, however, and not simply because non-state entities exist and operate beyond legal reach (Fox, 2005).…”

The Proliferation of Child Soldier in Modern Warfare and its Social-Economic and Security Implication

“…Most of the literature noted that child soldier is not a new concept. Since World War II child soldier have involved in armed conflict on a larger, more violent scale than ever before (Brett and McCallin, 1998;Dallaire, 2010;Fox 2005). The International Coalition to Stop the Use of Children as Soldiers (CSC) defines a child soldier as "any person under 18 years of age who is a member of, or attached to, government armed forces or any other regular or irregular armed force or group, whether or not an armed conflict exist.…”

“…Children have been carried out some of the tasks associated with war as far back as Medieval Times, nevertheless the use of children as the perpetrators of violent war crimes and atrocities is a disturbing trend in the modern era (Dallaire, 2010;Fox, 2005). Child soldier can be found on either side of a conflict; in government troops, rebel troops and paramilitary groups purposely because children are small and naturally assumed innocent, they can be the best cover.…”

Child Soldier Victims of Genocidal Forcible Transfer

“…Hence, in determining the status of so-called child soldiers in international conflicts; it is necessary to consider Article 43 of AP I in relation to Article 77 AP I (similarly, children have no unqualified right to participate in an internal conflict as part of an unlawful rebel group such as the Columbian rebel group FARC which is recruiting indigenous children as young as 12 to reportedly transport antipersonnel mines and supplies). 145 Fox (2005), p. 30. The current author has argued elsewhere that children do not have an unqualified right to participate in hostilities in contrast to lawful adult belligerents and cannot therefore properly be considered to be combatants (in the context of an international conflict); nor soldiers in any sense in an internal conflict as opposed to being classed as civilians 144 Recall that the concept of 'child soldier' does not exist under IHL though IHL sets out special protections for children who for whatever reason are captured or detained by the adversary during or at the conclusion of hostilities 145 presumably, in some instances, after the children's active involvement in hostilities.…”

“…164 Note that the prohibition on recruitment of children under 15 as child soldiers was considered by the SCSL to be a rule of customary international law. 165 Fox (2005), p. 41. This, on the analysis here, is a reflection of the failure to properly categorize the transfer of children to a group committing mass atrocity and /or genocide as an instance of a grave violation of Article 2(e) of the Genocide Convention which fact should have been reflected in the formulation of the statute of the SCSL and the crimes falling under that court's jurisdiction.…”