scholarly journals Recruitment and Use of Child Soldiers in Afghanistan: Cultural Traits as Pivotal Factor

2021 ◽  
Vol 5 (2) ◽  
pp. 252-266
Author(s):  
Ghulam Mohammad Qanet ◽  
Mohammad Shekaib Alam ◽  
Mohammad Naqib Ishan Jan
Keyword(s):  
International Law ◽  
Cultural Values ◽  
British Empire ◽  
Armed Conflict ◽  
Female Child ◽  
Child Soldiers ◽  
Fundamental Rights ◽  
Related Idea ◽  
Peace And Justice ◽  
Soviet Invasion

This paper explores the cultural values that prevailed in Afghanistan to understand the recruitment and use of underage soldiers in the long-lasting armed conflict while comparing the existing domestic and international law. The study analyzed the effect of the traditions of Afghans on child soldiering. The method was doctrinal, and therefore, the collected and analyzed data was qualitative. The analysis was thematical, where each related idea was subjected to review and evaluation. The research found that since time immemorial, the Afghan culture traditions were conducive to underage soldiering for various reasons, including peace and justice where male and female child warriors are treated as heroes, perhaps more than any other member of the Afghan society. Due to the stated reasonings, the study established that more underage soldiers were used and recruited during the period of the British Empire, Soviet invasion of Afghanistan, and the civil war that caused the Taliban and Northern Alliance to resume control and in the post 9/11 phase of armed conflict in Afghanistan irrespective of domestic and international law that prohibited the recruitment and use of underage soldiers as it violated their basic fundamental rights of childhood.

Young Terrorists or Child Soldiers? ISIS Children, International Law and Victimhood

2020 ◽  
Vol 25 (2) ◽  
pp. 237-261 ◽  
Author(s):  
Conrad Nyamutata
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Child Soldiers ◽  
Islamic State ◽  
Natural Justice ◽  
Western Countries ◽  
The Status ◽  
Syrian Conflict ◽  
Consistent Approach

Abstract Since the Syrian conflict broke out, a significant number of Western citizens travelled to the warzone to join the Islamic State of Iraq and Syria (ISIS). By common definitions, some of the persons travelled as ‘children’. However, since the defeat of ISIS, Western countries are facing a conundrum on how to treat these young former fighters. The status of these children has been contentious. Among the Western countries, there does not seem to be a clear position or consistent approach on how such children should be treated. It would appear that the approaches towards the dilemma on these young persons have, predominantly, been dictated by the political whims of individual states. Generally, the children have been regarded as young ‘terrorists’ likely to pose danger to Western societies if repatriated back. However, the perceptions and actions towards these minors seem to depart from the normative approaches to children associated with armed conflict. The widely reported case of British teenager Shamima Begum shone the spotlight on the predicaments of children formerly associated with ISIS. This article makes a case for the treatment of ISIS-associated children to be considered as child soldiers. When analysed closely, these children deserve protections accorded to all children recruited for purposes of warfare. Recent case law seems to imply that such protection does not cease even after the age of 18 years. All considered, the denial of repatriation appears inimical to normative standards on children associated with armed conflict. Furthermore, the approaches of some of the Western countries could be vulnerable to criticism for violation of the rule of law. The arbitrary revocation of citizenship and barring of returns appear starkly in conflict with norms of natural justice. With this in mind, this article asserts that a consistent approach would require the Western approaches to treat ISIS-associated children as victims first and accord them protections recognised in international law.

scholarly journals TRANSITIONAL JUSTICE: THE REINTEGRATION OF CHILD SOLDIERS THROUGH POST-CONFLICT METHODS OF JUSTICE

2015 ◽  
Vol 20 (2) ◽  
pp. 474
Author(s):  
Ana Paula Barbosa-Fohrmann
Keyword(s):  
United Nations ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Child Soldiers ◽  
Secretary General ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Post Conflict ◽  
Made In

<p>This paper examines the problematic of child soldiers, based on inter alia the strategy of research <br />and study of the United Nations Office of the Special Representative of the Secretary-General for <br />Children and Armed Conflict and on the priorities of the Machel Study. Here, national and international <br />law will be applied on countries where children are recruited by armed groups. Concerning domestic <br />jurisdiction alternative or traditional methods of justice as well as formal legal methods will be <br />addressed. Specifically, this paper will focus on three main subjects: 1) the possibility of prosecution <br />and judgment of adolescents, who participated in armed conflicts; 2) prosecution and judgment of war lords <br />and 3) civil reparation proportional to the damage caused by an armed conflict. These three subjects will <br />be construed according to (traditional or alternative and formal) national and international law. Finally, <br />some recommendations will be made in order to improve the system of reintegration of child soldiers in <br />post-conflict countries.</p>

Children in Armed Conflict

2020 ◽  
pp. 656-674
Author(s):  
Mark Drumbl
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
Child Soldiers ◽  
Positive Outcomes ◽  
Armed Groups ◽  
Post Conflict ◽  
Former Child Soldiers ◽  
The Law ◽  
Child Soldiering

This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to post-conflict reintegration. The protective impulse that envisions militarized youth as faultless passive victims may not always reflect how youthful fighters see themselves nor necessarily support an emancipatory and empowering vision of how international law should promote the rights of children.

Targeting Child Soldiers: Striking a Balance between Humanity and Military Necessity

2016 ◽  
Vol 7 (1) ◽  
pp. 183-203 ◽  
Author(s):  
Sam Pack
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Child Soldiers ◽  
Military Necessity ◽  
Additional Protection ◽  
The Law ◽  
Self Defence

Children are often the victims of armed conflict. One way in which international law seeks to protect them is by prohibiting their recruitment as child soldiers. Once recruited, however, the question arises as to whether they may or should be targeted and killed in the same manner as an adult in the same position. In this respect, there is relatively little discussion as to what the law is, and – aside from a 2013 think-piece by Frédéric Mégret – even less about what the law should be. This article attempts to kick-start that debate. A survey of international law confirms that child combatants and participants in hostilities may be targeted in the same manner as adults. Mégret’s proposed reform, whereby child soldiers would only be targetable while participating in hostilities, is problematic, but child soldiers should arguably be entitled to some form of additional protection. As such, this article proposes that child soldiers under the age of 12 only be targetable in self-defence, a reform which would better balance the competing considerations of humanity and military necessity.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

International Criminalization of Offences Relating to Cultural Property

2019 ◽  
pp. 18-24
Author(s):  
Danil Sergeev
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Historical Review ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Cultural Value ◽  
Direct Connection ◽  
International Protection ◽  
International Instruments

The article evaluates current conditions of international criminalization of offences relating to cultural property and makes a brief historical review of developing international protection of cultural property and elaborating a corresponding notion. Having analyzed the international instruments, the author concludes that offences relating to cultural property may include deliberate seizure, appropriation, demolition as well as any other forms of destruction or damage to objects and items protected under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict committed during international and non-international armed conflicts. These offences do not include such possible acts toward universal cultural values committed either beyond any armed conflict or without direct connection with it. Taking the examples of destruction of Buddhas of Bamiyan, Nimrud, Palmyra, and mausoleums of Timbuktu, the author states that international criminalization of offences relating to cultural property is insufficient, because it does not encompass such cases when objects or items of cultural value are damaged or destroyed under the control of national administrations or with their knowledge.

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