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Child Soldiers During War

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After the world war II, there have had many conflicts over the world. The most vulnerable groups during war seem to be women and children. The Convention on the Rights of Child (CRC), defines a child as [every person under the age of eighteen]1. Children are very affected by armed conflicts. Their life is at risk, they are victims of abduction, trafficking and they can be used as soldiers during war. The Paris Principle defines a child soldier as “any person under 18 years of age who is or who has been recruited or used by any armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, messengers, spies or for sexual purposes ”2. Children are either forcible recruited …show more content…

Child soldiers may generally be considered as victims of war because of their vulnerability and the inability to understand their actions3. Given that children are the future of the world, international law has developed an important number of legal framework concerning the prohibition of recruitment of child soldiers, either in the field of general international human rights law, or in international humanitarian law (IHL). Moreover, the international criminal law has also focused on accountability of persons who have recruited or used child soldiers. However, although often seen as victims, child soldiers have voluntarily perpetrated atrocious crimes. They have committed rape, murder and other gross human rights violations in the course of wars in place like Sierra Leone ,Uganda and Democratic Republic of Congo (DRC). This leads us to wonder whether child soldiers should be criminally responsible for committing war crimes and crimes against humanity. The position of the international criminal courts regarding this question is divergent whereas there is possibility to prosecute child soldiers in certain domestic laws, for instance in the USA, DRC and Rwanda. In this respect, we have to analyse the legal framework of the international protection of child soldiers on the one hand (I), and to examine the possibility to prosecute child soldiers on the other hand

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