The Evolution of Norm against Child Soldiers: Child Protection under Intra-state Armed Conflicts

2021 ◽  
pp. 237-274
Author(s):  
Lin YAN
2020 ◽  
Vol 6 (1) ◽  
pp. 69-76
Author(s):  
Yared Hetharie ◽  
Yosia Hetharie

Children are often victims of armed disputes, not only in the case they are trapped in situations of armed conflict but also children are often included directly as child soldiers, therefore children must be given protection to obtain their rights as a child in an armed dispute. Child protection is closely related to Human Rights that have been generally recognized by the international community. International legal instruments and national law have regulated the protection of children's rights. Countries that are involved in armed disputes and do not implement the provisions of humanitarian law in particular the protection of the rights of the child and are considered a war crime. This research is a legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced with the approach used is the legal approach, which is carried out by examining all laws and regulations relating to the legal issues being addressed. Countries that have not ratified the provisions of Humanitarian law, should be able to ratify the provisions of Humanitarian law regarding the protection of children from being directly involved in armed disputes, and implement them into armed disputes, and implement them into their respective national legislation each country.


2013 ◽  
Vol 4 (1) ◽  
pp. 135-150 ◽  
Author(s):  
Silvia Scarpa

The Article aims at demonstrating that a more effective and comprehensive protection of minors in the aftermath of disasters can be guaranteed by, first of all, re-framing the discussion of the relevant actors in this field on the various practices and processes, including sexual and labour exploitation, early and forced marriages, the involvement of children in armed conflicts, and illegal adoptions, that can be grouped under the heading of three umbrella terms, namely, the abduction, sale, and trafficking of children. These terms are, in part, already used by relevant actors in the field of disaster relief work; however, their interpretation and boundaries are not always properly clarified. Therefore, the Article discusses the definitions of these three terms and recommends that all the relevant actors follow such framework and conform to the definitions provided, so as to guarantee a greater consistency and clarity in the debate over child protection in the aftermath of disasters.


2017 ◽  
Vol 13 (2) ◽  
pp. 256
Author(s):  
Gnamien Yawa Ossi

The phenomenon of «child soldier» has become very rampant these last years. In Africa, they are very common in the Democratic Republic of Congo (DRC), in Chad, in Uganda, in Sierra Leone, and in Côte d’Ivoire. More recently, they are in Mali and in the Central African Republic. However, armed conflicts have imposed various situations on populations. The children are the main victims. The focus of this study is on child soldiers during times of war. The main objective of this study is to analyze the ways they join the armed groups and the difficulties of their social reintegration. The objective of this study is to analyze the recruitment conditions of children and the difficulties of social reintegration. The hypothesis postulates that there is a link between the passage of the children in armed groups and their psychosocial outcome. The study took place in Sierra Leone. The quantitative and qualitative methods were used. The results of the study show that: the mode of recruitment of children has an influence on their social reintegration. Also, the violent practices in armed conflicts are obstacles to their social reintegration.


2019 ◽  
Vol 101 (911) ◽  
pp. 603-621
Author(s):  
Pascal Bongard ◽  
Ezequiel Heffes

AbstractDespite the existence of a comprehensive international legal framework protecting children in armed conflict, ensuring its respect by armed non-State actors (ANSAs) still remains an important challenge. This can be linked to several circumstances, such as their lack of knowledge of the law, the absence of an incentive to abide by the applicable rules, their fragmented structure and their lack of capacity to implement the applicable framework. Certain practical cases, however, show that ANSAs’ behaviours may vary throughout armed conflicts. While certain groups have, at a given moment, breached some of their international obligations, others have shown some degree of commitment to respecting children's safeguards. When addressing the prohibition of recruiting and using children in hostilities, the reasons behind these variations have remained insufficiently explored. This article reviews some of the lessons learned from Geneva Call's experience when engaging ANSAs towards their compliance with child protection norms.


Author(s):  
Jacqueline Bhabha

This chapter examines the transport and exploitation of child labor in situations of armed conflict. It first considers some of the main reasons why children are recruited and used in armed conflicts before discussing the process of bringing children within the scope of international criminal law as part of efforts to prosecute political leaders and senior military figures responsible for war crimes. In particular, it looks at the Special Court for Sierra Leone and describes its conviction of war criminals for the recruitment of child soldiers as an important human rights milestone. It then explores the human rights entitlements of former child soldiers and how transitional justice is implemented through the DDR (disarmament, demobilization, and reintegration) process, along with its shortcomings. The chapter concludes with an overview of enforcement of long-term social and economic rights of former child soldiers after the conflict.


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