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The military use of children takes three distinct forms: children can take direct part in hostilities (child soldiers), or they can be used in support roles such as porters, spies, messengers, look outs; or they can be used for political advantage either as human shields or in propaganda.
The military use of children takes three distinct forms: children can take direct part in hostilities (child soldiers), or they can be used in support roles such as porters, spies, messengers, look outs; or they can be used for political advantage either as human shields or in propaganda.
Throughout history and in many cultures, children have been extensively involved in military campaigns even when such practices were against cultural morals. Since the 1970s, a number of international conventions have come into effect that try to limit the participation of children in armed conflicts, nevertheless the Coalition to Stop the Use of Child Soldiers reports that the use of children in military forces, and the active participation of children in armed conflicts is widespread.
International human rights law
The United Nations Convention on the Rights of the Child, Article 37, (1989) proclaimed: "State parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities." However, people who are over the age of 15 but under the age of 18 are still voluntarily able to take part in combat as soldiers. The Optional protocol on the involvement of children in armed conflict to the Convention that came into force in 2002 stipulates that its State Parties "shall take all feasible measures to ensure that persons below the age of 18 do not take a direct part in hostilities and that they are not compulsorily recruited into their armed forces".[1] The Optional Protocol further obligates states to "take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices." (Art 4, Optional Protocol.)[2] Likewise, under the Optional Protocol states are required to demobilize children within their jurisdiction who have been recruited or used in hostilities, and to provide assistance for their physical and psychological recovery and social reintegration. (Art 6(3) Optional Protocol.)[2]
Under war, civil unrest, armed conflict and other emergency situations, children and youths are also offered protection under the United Nations Declaration on the Protection of Women and Children in Emergency and Armed Conflict.
Under Article 8(2)(b)(xxvi) of the Rome Statute of the International Criminal Court (ICC), adopted in July 1998 and entered into force 1 July 2002; "Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities" is a war crime.[3]
United Nations
The United Nations Security Council convenes regularly to debate, receive reports, and pass resolutions under the heading "Children in armed conflict". The most recent meeting was on 17 July 2008.[4] The first resolution on the issue, Resolution 1261, was passed in 1999 (it did not contain references to any earlier resolutions).[5]
In a resolution in 2005[6] the Security Council requested that the action plan[7][8] for establishing a monitoring, reporting and compliance mechanism produced by the Secretary-General be implemented without delay.
International humanitarian law
According to Article 77.2 of the Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted in 1977:
As the ICRC commentary on Protocol I makes clear, this is not a complete ban on the use of children in conflict. The ICRC had suggested that the Parties to the conflict should "take all necessary measures", which became in the final text, "take all feasible measures" which is not a total prohibition on their doing so because feasible should be understood as meaning "capable of being done, accomplished or carried out, possible or practicable". Refraining from recruiting children under fifteen does not exclude children who volunteer for armed service. During the negotiations over the clause "take a part in hostilities" the word "direct" was added to it, this opens up the possibility that child volunteers could be involved indirectly in hostilities, gathering and transmitting military information, helping in the transportation of arms and munitions, provision of supplies etc.[9]
Article 4.3.c of Protocol II, additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, adopted in 1977, states "children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities".
Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which was adopted and signed in 2002, National armed forces can accept volunteers into their armed forces below the age of 18, but "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities".[10] Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose.
International labor law
Forced or compulsory recruitment of anyone under the age of 18 for use in armed conflict, is one of the predefined worst forms of child labour, deemed a form of slavery, in terms of the International Labour Organisation's Worst Forms of Child Labour Convention, 1999, adopted in 1999.
In terms of the Worst Forms of Child Labour Recommendation ratifying countries should ensure that forced or compulsory recruitment of children for use in armed conflict is a criminal offence, and also provide for other criminal, civil or administrative remedies to ensure the effective enforcement of such national legislation III(12) to (14)).
War crimes
Opinion is currently divided over whether children should be prosecuted for committing war crimes.[11]
International law does not prohibit the prosecution of children who commit war crimes, but the article 37 of the United Nations Convention on the Rights of the Child does limit the punishment that a child can receive including "Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age."[11]
Many child soldiers fought in the Sierra Leone Civil War. In its wake the UN sanctioned the Special Court for Sierra Leone (SCSL) to try the participants for war crimes and other breaches of humanitarian law. The statute of the SCSL gave the court jurisdiction over persons aged 15 and older, however the Paris Principles state that children who participated in armed conflict:
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