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The War Crime of Child Soldier Recruitment

The War Crime of Child Soldier Recruitment
Author: Julie McBride
Publisher: Springer Science & Business Media
Total Pages: 236
Release: 2013-11-05
Genre: Law
ISBN: 9067049212

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The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.


Child soldiers in international law

Child soldiers in international law
Author: Matthew Happold
Publisher: Manchester University Press
Total Pages: 274
Release: 2022-12-20
Genre: Law
ISBN: 1526170469

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Now available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue. Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts. This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.


Child Soldier Victims of Genocidal Forcible Transfer

Child Soldier Victims of Genocidal Forcible Transfer
Author: Sonja C. Grover
Publisher: Springer Science & Business Media
Total Pages: 315
Release: 2012-01-05
Genre: Law
ISBN: 3642236138

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This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.


Research Handbook on Child Soldiers

Research Handbook on Child Soldiers
Author: Mark A. Drumbl
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2019
Genre: Political Science
ISBN: 1788114485

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Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.


International Law and Child Soldiers

International Law and Child Soldiers
Author: Gus Waschefort
Publisher: Bloomsbury Publishing
Total Pages: 266
Release: 2014-12-04
Genre: Law
ISBN: 1782254331

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This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.


Child Soldiers in the Age of Fractured States

Child Soldiers in the Age of Fractured States
Author: Scott Gates
Publisher: University of Pittsburgh Press
Total Pages: 321
Release: 2010-01-31
Genre: Political Science
ISBN: 0822973596

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Current global estimates of children engaged in warfare range from 200,000 to 300,000. Children's roles in conflict range from armed and active participants to spies, cooks, messengers, and sex slaves. Child Soldiers in the Age of Fractured States examines the factors that contribute to the use of children in war, the effects of war upon children, and the perpetual cycle of warfare that engulfs many of the world's poorest nations. The contributors seek to eliminate myths of historic or culture-based violence, and instead look to common traits of chronic poverty and vulnerable populations. Individual essays examine topics such as: the legal and ethical aspects of child soldiering; internal UN debates over enforcement of child protection policies; economic factors; increased access to small arms; displaced populations; resource endowments; forced government conscription; rebel-enforced quota systems; motivational techniques employed in recruiting children; and the role of girls in conflict. The contributors also offer viable policies to reduce the recruitment of child soldiers such as the protection of refugee camps by outside forces, "naming and shaming," and criminal prosecution by international tribunals. Finally, they focus on ways to reintegrate former child soldiers into civil society in the aftermath of war.


Child Soldiers: From Recruitment to Reintegration

Child Soldiers: From Recruitment to Reintegration
Author: Alpaslan Özerdem
Publisher: Springer
Total Pages: 337
Release: 2011-08-29
Genre: Social Science
ISBN: 0230342922

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This book examines the complex and under-researched relationship between recruitment experiences and reintegration outcomes for child soldiers. It looks at time spent in the group, issues of cohesion, identification, affiliation, membership and the post demobilization experience of return, and resettlement.


Child Soldiers

Child Soldiers
Author: David M. Rosen
Publisher: Bloomsbury Publishing USA
Total Pages: 185
Release: 2012-04-23
Genre: Social Science
ISBN:

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This book exposes the role of children in war, describing where, why, and how children are deployed, the attempts made by international organizations to protect children, and the underlying political and cultural issues that make this such a thorny issue. In conflict-torn countries such as Myanmar and Uganda, the use of child soldiers in military and paramilitary operations continues to occur despite widespread condemnation and the efforts of organizations such as the Coalition to Stop the Use of Child Soldiers. This book will allow readers to grasp the impact of this issue for both individuals and nations worldwide. Child Soldiers: A Reference Handbook traces the evolution of child soldiers from approximately 1940 onwards, covering important historical to modern conflicts. The subject is discussed from a global perspective, with particular attention given to areas where the use of child soldiers is most prevalent. The book covers the complex underlying reasons for the continued use of child soldiers in the modern world, examines the political and psychological consequences of using children—both male and female—in military and paramilitary organizations, and describes how this subject has been addressed by international law and various human rights organizations.


Children at War

Children at War
Author: Peter W. Singer
Publisher: Vintage
Total Pages: 290
Release: 2015-03-04
Genre: Political Science
ISBN: 1101970057

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Children at War is the first comprehensive book to examine the growing and global use of children as soldiers. P.W. Singer, an internationally recognized expert in twenty-first-century warfare, explores how a new strategy of war, utilized by armies and warlords alike, has targeted children, seeking to turn them into soldiers and terrorists. Singer writes about how the first American serviceman killed by hostile fire in Afghanistan—a Green Beret—was shot by a fourteen-year-old Afghan boy; how suspected militants detained by U.S. forces in Iraq included more than one hundred children under the age of seventeen; and how hundreds who were taken hostage in Thailand were held captive by the rebel "God's Army," led by twelve-year-old twins. Interweaving the voices of child soldiers throughout the book, Singer looks at the ways these children are recruited, abducted, trained, and finally sent off to fight in war-torn hot spots, from Colombia and the Sudan to Kashmir and Sierra Leone. He writes about children who have been indoctrinated to fight U.S. forces in Iraq and Afghanistan; of Iraqui boys between the ages of ten and fifteen who had been trained in military arms and tactics to become Saddam Hussein's Ashbal Saddam (Lion Cubs); of young refugees from Pakistani madrassahs who were recruited to help bring the Taliban to power in the Afghan civil war. The author, National Security Fellow at the Brookings Institution and director of the Brookings Project on U.S. Policy Towards the Islamic World, explores how this phenomenon has come about, and how social disruptions and failures of development in modern Third World nations have led to greater global conflict and an instability that has spawned a new pool of recruits. He writes about how technology has made today's weapons smaller and lighter and therefore easier for children to carry and handle; how one billion people in the world live in developing countries where civil war is part of everyday life; and how some children—without food, clothing, or family—have volunteered as soldiers as their only way to survive. Finally, Singer makes clear how the U.S. government and the international community must face this new reality of modern warfare, how those who benefit from the recruitment of children as soldiers must be held accountable, how Western militaries must be prepared to face children in battle, and how rehabilitation programs can undo this horrific phenomenon and turn child soldiers back into children.


Child Soldiers as Agents of War and Peace

Child Soldiers as Agents of War and Peace
Author: Leonie Steinl
Publisher: Springer
Total Pages: 429
Release: 2017-08-19
Genre: Law
ISBN: 9462652015

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This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.