LIABILITY AND PROTECTION OF CHILD SOLDIERS UNDER INTERNATIONAL CRIMINAL LAW

Abstract

The issue of child soldiers within the realm of international law presents a complex and multifaceted challenge, encompassing considerations of human rights, humanitarian law, and the protection of vulnerable populations - children. This article delves into the legal framework and debates regarding child soldiers in international law, analysing key international instruments such as the UN Convention on the Rights of the Child and its Optional Protocol, the Rome Statute, and the Protocols Additional to the Geneva Conventions. At the heart of the discussion lies the tension between viewing child soldiers solely as victims deserving protection and recognising their potential liability for crimes committed during armed conflicts. The absence of a uniform minimum age for criminal liability complicates the prosecution of child soldiers, raising questions about their capacity for intent and understanding of the previously committed acts. However, international humanitarian law outlines the obligations of parties to armed conflicts to protect children from recruitment and involvement in hostilities. Moreover, the jurisdictional limitations of international courts, such as the International Criminal Court, pose challenges in addressing crimes committed by child soldiers. While efforts have been made to prosecute those responsible for recruiting children, the specific circumstances surrounding child soldiering demand a careful balance between accountability and protection. This paper navigates these complexities, examining the evolving legal landscape and offering insights into the ongoing discourse on the prosecution and protection of child soldiers within the framework of international law.