Overview of the Effectiveness of the International Criminal Court

The use of child soldiers have become a normal contribution to armies, especially in countries such as Africa. Although, countries such as Afghanistan, India, and Libya have been using child soldiers since 2011. According to “Children in Conflict: Child Soldiers,” there has been 36 countries involved since 1998. Something needs to be done about this issue due to the fact that thousands of

Are you aware that right now, at this very moment, there is a group of young boys ages 8-13 who are clenching a gun being ordered to kill against their will? It’s understood that others opinions about the dangers of child soldiers being free are only because they don’t want to risk anything but, isn’t life all about taking risks? You risk your life leaving the house, and breathing. Also, countries should not prosecute child soldiers for the crimes they committed during wartime. There also should not be an international minimum age of criminal responsibility for war crimes and crimes against humanity. Here are three reasons why they should not be prosecuted or held responsible. Also that there should not be an age limit. One. Children are afraid, young, and clueless. Two. Children are 99.99% of the time drugged, forced, and brainwashed. “Children are often brainwashed and drugged before they are forced to fight. Their vulnerability can allow warlords to make them into cold-blooded killers” (O'Neill 1 ). Three. Children are independent, lonesome, and they want/need a family. One that gives them love.

Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to

Child Soldiers is a major global issue which is affecting todays 21st century. Many Countries around the world are illegally operating child soldiers such as Burma and Sierra Leone currently there is a crisis as many more children are being subject to this cruel act. Many world media and Non-governmental organisations such as the guardian and Human rights watch have reported thousands of child soldiers in Myanmar Burma. The Convention on the rights of a child and the Universal declaration of human rights strictly prohibits children in armed conflict further the United Nations further prohibits children in armed conflicts. The International Criminal Court has previously dealt with Thomas Labunga a leader of the liberation forces of the Congo whom used children as young as 10 in his military . However these measures have not been effective as there are still children in conflict due to state sovereignty.

Some say that these children will never change and will always want war and therefore they should be prosecuted. But these children had no idea what they were doing, they were drugged, threatened and afraid. Some child soldiers are tortured and raped(Leaphy 1). Also “if a child under 15 is considered too young to fight, then he or she must also be considered too young to be held criminally responsible for serious violations of IHL while associated with armed forces or armed groups”(Should Child

When dragged into war, many children and their families are in poverty, because of the effects of the war and, in some countries’ cases, simply because of the life they have always lived. Or, because of the poverty they are in, they choose to join the military in order to be fed, given a place to sleep, and provided with easier access to water. In both cases, once the war is over, they remain in the same poor state they were in when they started, or likely even worse. Also, during the fighting, once the kids were drugged, they continued to rely on their commanders for drugs. And, because of the addiction they gained, they are now facing even more health dangers than just having the drugs alone. Child Soldiers--Victims or Perpetrators? states, ¨...rehabilitation should be the aim and not punishment. The Truth and Reconciliation Commissions and Disarmament, Demobilization and Reconciliation program, often abbreviated TTR and DDR, are far better ways of helping children recover and reintegrate back into society and out of war.¨ The article goes on to describe the problems with prosecution. It reveals that the prosecution process can be drawn from a lack of evidence and is sometimes rather selective. Thus, it would be far more effective and a better solution to give child soldiers war relief rather than be

The thought of a child behind bars for war crimes is atrocious. People may see it as justified though. Those people see it as fair to have a child that was manipulated and drugged into fighting be faced with the crimes they had contributed to. On one side of the argument, child soldiers should not be granted amnesty because most are fully aware of what their doing when enlisting. On the other side, child soldiers should be granted amnesty. More often than not children have no say in whether they enlist or not and once recruited the children become brainwashed from the usage of drugs and alcohol. Systematic drug taking is especially reported among West African-based militia movements. In fact, some authors consider hallucinatory drug intake

The issue of child soldiery is a social issue that plagues society on a global scale. For instance, The Global Report 2008 which was edited by UNICEF and Child Soldiers Global Institution reported that 19 countries and territories employed children in government forces as well as non-state armed groups. Some countries include Iraq, Sudan, Uganda, and Somalia (Deak, 2013, p. 1). It is impossible to state the exact number of child soldiers around the world; however, the United Nations and non-governmental organizations estimate that that there are about 250,000 to 300,000 child soldiers (Szijj, 2010, p.4) It is evident that that child soldiery is an epidemic thus, I will investigate what social and political factors are responsible

One injustice facing the world today is the use of child soldiers. According to child-soldiers.org, a child soldier is “any person below eighteen years of age who is, or who has been, recruited or used by an armed force or armed group in any capacity…” Child soldiers do not only include the combatants. There are also child soldiers in noncombatant positions. The most dreadful injustice is having child soldiers, because of the amount of children involved, the recruitment they face, their war experiences, and post battle feelings or events.

Today, Human right groups estimate that there are at least if not more than 300,000 child soldiers worldwide. In poorer countries, there are more child soldiers because they fight of land, minerals and drugs. Even though the kids are the perfect weapons for these civil wars in poorer countries, because they are easily manipulated, extremely loyal, fearless and most importantly endless supply; there should not be kids fighting for their country unless they are 18 because of the physical and psychological problems.

That child soldiers are not different from criminals. An article called Child Soldiers, Prosecution argues that, “Child soldier have been responsible for some of the most brutal and violent acts in war time,” (Debatewise, 2016). Child soldiers have committed mutilation and mass killings of civilians. Under most domestic laws, the age of criminal prosecution can be much lower than 18. If a child can be convicted for murder under national law, they should also be held accountable for international crimes. In spite of this, child soldiers are not morally responsible for their actions. On the other hand, in the same article from Debatewise, an opinion states that, “Child soldiers are often the victims themselves,” (Debatewise, 2016). Children, when forced to join the army, are also forced to commit acts they normally would not, had they had the choice. They are only following orders of adults rather than acting for themselves. The commanders in charge of the children also use drugs and alcohol to make children more compliant to orders. Child soldiers, unless proven otherwise, should not be held responsible for actions they were forced to commit and had little to no understanding

Since the 1970’s many countries like Afghanistan, iraq, and Somalia have been using child soldiers as fighters, cooks, spies, suicide bombers, etc. However, many people today are questioning whether we should prosecute these child soldiers for their war crimes, or give them amnesty. The question of whether or not to prosecute these children is intrinsically linked to the way we lawfully handle situations, and how we see these children after their war crimes. As a result, this matter is an extremely contentious one and has allured a lot of discussion. This essay will review some of the disputations on why prosecution is a convenient way to handle this, and will outline some of the problems with this situation. It will then state a number of

The traditional establishment of the ad hoc tribunals formed as a permanent “Court of Arbitration”, this organ so formed was under the League of Nations which was later replaced by The International Court of Justice after the World War II [1].

Child soldiers are being seen more and more in places like Sierra Leone, when young boys from age eight on up are trained in the art of warfare. However, do these children face prosecution for war crimes? In this essay, I will try to convince you that child soldiers are the perpetrators of violence and should face the same punishments as child soldiers.

“Compelled to become instruments of war, to kill and be killed, child soldiers are forced to give violent expression to the hatreds of adults” (“Child Soldiers” 1). This quotation by Olara Otunnu explains that children are forced into becoming weapons of war. Children under 18 years old are being recruited into the army because of poverty issues, multiple economic problems, and the qualities of children, however, many organizations are trying to implement ways to stop the human rights violation.