THE USE OF CHILD SOLDIERS IN ARMED CONFLICT AS WAR CRIME UNDER INTERNATIONAL LAW
THE USE OF CHILD SOLDIERS IN ARMED CONFLICT AS WAR CRIME UNDER INTERNATIONAL LAW
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Date
2011-06
Authors
KAYODE, ODOGUN,
AL-HAKIM
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Abstract
ABSTRACT
This dissertation entitled “The Use of Child Soldiers in Armed Conflict as War
Crime under International Law” is premised on an appraisal of the legality of the
atrocities visited upon children during armed conflicts, especially as coerced
active participants. This is approached from the perspective of the menace being a
form of child abuse and exploitation of such children, and how international justice
combats such illegality and impunity to justice of their commanders and
recruiters. Despite a catalogue of laws – both national and international– which
prohibits and protects against the illegal use of children as active participants in
armed conflicts, it is sadly observed that children find themselves forced into
different armed conflicts all over the world. The illegal use of child soldiers has
manifest negative effects on both the children and the society at large. Apart
from causing deaths and injuries, this menace depletes the society of its real
resource and future – children. The purpose of this study therefore include among
other things, enhancing access to appropriate information and knowledge about the
protection of the fundamental human rights of children during armed conflicts,
and how the law de-mystifies the aura of impunity to justice of their recruiters
and commanders. This also entails an appraisal of the level of culpability or
otherwise of child soldiers in the commission of grave crimes during armed
conflicts. Our study revealed that this menace is a problem of both developed and
developing countries of the world, though at varying levels. The study also showed
that there are various laws and regulations protecting against the illegal use of
child soldiers, and it is therefore the lack of the political will and the nonimplementation
of obligations under these laws that has provided this aura of
impunity to justice of the perpetrators of these atrocities and war crimes. Based
on our research, we realized that individual criminal responsibility for war crimes
does not depend on a person’s status, and even states can be liable for grave
crimes and reparations under international humanitarian law. Child soldiers may
also be liable for their actions and misdeeds, though age may be a mitigating
factor when the question of their responsibility is raised. Consequently,
perpetrators of grave crimes must be punished in order to satisfy the victims and
prevent the commission of further atrocities, and the responsibility for this task
falls on states, their citizens and the international community. It is therefore
advocated that this can also be achieved or reduced, through non penal modes of
justice as alternative and complement to the penal system of justice as a means of
combating, preventing and reducing the menace of war crimes and atrocities.
Description
BEING A RESEARCH THESIS SUBMITTED TO THE POST
GRADUATE SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA,
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE
AWARD OF THE DEGREE, MASTER OF LAWS, LL.M
Keywords
USE,, CHILD,, SOLDIERS,, ARMED,, CONFLICT,, WAR,, CRIME,, UNDER,, INTERNATIONAL,, LAW