The War Crime of Child Soldier Recruitment

The War Crime of Child Soldier Recruitment PDF

Author: Julie McBride

Publisher: Springer Science & Business Media

Published: 2013-11-05

Total Pages: 236

ISBN-13: 9067049212

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The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

Child soldiers in international law

Child soldiers in international law PDF

Author: Matthew Happold

Publisher: Manchester University Press

Published: 2022-12-20

Total Pages: 274

ISBN-13: 1526170469

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Now available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue. Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts. This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.

The Legal Legacy of the Special Court for Sierra Leone

The Legal Legacy of the Special Court for Sierra Leone PDF

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 423

ISBN-13: 1107178312

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Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

International Law and Child Soldiers

International Law and Child Soldiers PDF

Author: Gus Waschefort

Publisher: Bloomsbury Publishing

Published: 2014-12-04

Total Pages: 266

ISBN-13: 1782254331

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This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

Children at War

Children at War PDF

Author: Peter W. Singer

Publisher: Vintage

Published: 2015-03-04

Total Pages: 290

ISBN-13: 1101970057

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Children at War is the first comprehensive book to examine the growing and global use of children as soldiers. P.W. Singer, an internationally recognized expert in twenty-first-century warfare, explores how a new strategy of war, utilized by armies and warlords alike, has targeted children, seeking to turn them into soldiers and terrorists. Singer writes about how the first American serviceman killed by hostile fire in Afghanistan—a Green Beret—was shot by a fourteen-year-old Afghan boy; how suspected militants detained by U.S. forces in Iraq included more than one hundred children under the age of seventeen; and how hundreds who were taken hostage in Thailand were held captive by the rebel "God's Army," led by twelve-year-old twins. Interweaving the voices of child soldiers throughout the book, Singer looks at the ways these children are recruited, abducted, trained, and finally sent off to fight in war-torn hot spots, from Colombia and the Sudan to Kashmir and Sierra Leone. He writes about children who have been indoctrinated to fight U.S. forces in Iraq and Afghanistan; of Iraqui boys between the ages of ten and fifteen who had been trained in military arms and tactics to become Saddam Hussein's Ashbal Saddam (Lion Cubs); of young refugees from Pakistani madrassahs who were recruited to help bring the Taliban to power in the Afghan civil war. The author, National Security Fellow at the Brookings Institution and director of the Brookings Project on U.S. Policy Towards the Islamic World, explores how this phenomenon has come about, and how social disruptions and failures of development in modern Third World nations have led to greater global conflict and an instability that has spawned a new pool of recruits. He writes about how technology has made today's weapons smaller and lighter and therefore easier for children to carry and handle; how one billion people in the world live in developing countries where civil war is part of everyday life; and how some children—without food, clothing, or family—have volunteered as soldiers as their only way to survive. Finally, Singer makes clear how the U.S. government and the international community must face this new reality of modern warfare, how those who benefit from the recruitment of children as soldiers must be held accountable, how Western militaries must be prepared to face children in battle, and how rehabilitation programs can undo this horrific phenomenon and turn child soldiers back into children.

Child Soldier Victims of Genocidal Forcible Transfer

Child Soldier Victims of Genocidal Forcible Transfer PDF

Author: Sonja C. Grover

Publisher: Springer Science & Business Media

Published: 2012-01-05

Total Pages: 315

ISBN-13: 3642236138

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This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

Research Handbook on Child Soldiers

Research Handbook on Child Soldiers PDF

Author: Mark A. Drumbl

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 576

ISBN-13: 1788114485

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Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.

Child Soldiers

Child Soldiers PDF

Author: Ilene Cohn

Publisher: Oxford University Press, USA

Published: 1994

Total Pages: 258

ISBN-13:

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"In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and communities, of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treatment for those children who have participated in acts of violence."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Reimagining Child Soldiers in International Law and Policy

Reimagining Child Soldiers in International Law and Policy PDF

Author: Mark A. Drumbl

Publisher: Oxford University Press

Published: 2012-01-26

Total Pages: 254

ISBN-13: 0199592659

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Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.