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.

As many as fifty non-state armed groups (NSAGs) in countries such as Afghanistan, Colombia, the Democratic Republic of Congo, India, Iraq, Israel, Palestine, Libya, Mali, Pakistan, the Philippines, Somalia, South Sudan, Syria, Thailand and Yemen are engaged in the recruitment and use of children in armed conflict. In Somalia, South Sudan, Syria and Yemen the situation continues to be perilous, with many hundreds of children recruited, used, killed and maimed. Children have been used by the NSAGs as executioners and suicide bombers. By an estimate, there are 300,000-350,000 child soldiers worldwide and the alarming trend continues to grow. According to the United Nations, there has been a fivefold increase in the number of children recruited in a few ongoing armed conflicts. This book gives an up-to-date and comprehensive analysis of the recruitment and use of child soldiers worldwide; and examines the (in) adequacy of international institutions and laws in protecting children. It is an invaluable resource for anyone interested or working in the field of protecting children: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

When we hear the term “child soldiers,” most Americans imagine innocent victims roped into bloody conflicts in distant war-torn lands like Sudan and Sierra Leone. Yet our own history is filled with examples of children involved in warfare—from adolescent prisoner of war Andrew Jackson to Civil War drummer boys—who were once viewed as symbols of national pride rather than signs of human degradation. In this daring new study, anthropologist David M. Rosen investigates why our cultural perception of the child soldier has changed so radically over the past two centuries. Child Soldiers in the Western Imagination reveals how Western conceptions of childhood as a uniquely vulnerable and innocent state are a relatively recent invention. Furthermore, Rosen offers an illuminating history of how human rights organizations drew upon these sentiments to create the very term “child soldier,” which they presented as the embodiment of war’s human cost. Filled with shocking historical accounts and facts—and revealing the reasons why one cannot spell “infantry” without “infant”—Child Soldiers in the Western Imagination seeks to shake us out of our pervasive historical amnesia. It challenges us to stop looking at child soldiers through a biased set of idealized assumptions about childhood, so that we can better address the realities of adolescents and pre-adolescents in combat. Presenting informative facts while examining fictional representations of the child soldier in popular culture, this book is both eye-opening and thought-provoking.

This paper takes a theoretical approach to examining the justification for punishing child soldiers for war crimes. The author uses a wide range of academic literature from the field of Politics, Philosophy, Sociology, Media, Law and Psychology to explain this very complex issue surrounding child soldiers. The author is inspired by Omar Khadr's case, a young soldier who has been detained since he was at the age of 15, November 2002, in Guantanamo Bay and tried for alleged war crimes. The paper analyses this apparent breach of international law through an ethical lens with the hope that it can find a real justification for punishing child soldiers who commit atrocities. The author goes through controversial issues such as childhood being a social construct and children being rational moral agents, the diffusion of combatant's responsibility for war crimes and the moral justification of punishment. The aim of this paper is to launch an in-depth debate on a topic which might have been considered straight-forward, but as the author proves, it deserves the full attention of scholars in the field of Political Science and Law.

This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.

In Representations of Child Soldiers in Contemporary African Narratives, Ademola Adesola examines the dominant factors that writers privilege in their portrayals of child soldiering in sub-Saharan Africa. In his textual-interpretive analyses of selected novels in the African child soldier genre, Adesola contends that critical discussions of African child soldier literature have depended on the interpretive frameworks supplied by Western humanitarian discourses which oversimplify and de-historicize experiences of war in Africa. The author argues that such reductive decontextualization of war realities serve to champion a narrow vision of war in African contexts centered on a moral and humanitarian urge for Western intervention. Regardless of whether the casus belli legitimating those wars are genuine or not, those conflicts (and children’s involvement in them) are understood within the same racist colonial and ethnocentric stereotypes about Africa that have been privileged in Western thought and the Western moral-political imagination for centuries. Thus, in studying African child soldier narratives, this book provides an alternative reading of novels whose settings feature African ethnopolitical conflicts – such as in Sierra Leone, Liberia, Congo-Brazzaville, Nigeria – notable for their exploitation of children for military ends. The author maintains that these works are significant in the varying ways they reify and challenge the Western ideas of “child” and “childhood,” as well as privilege child soldiers as social actors whose intricate makeups disavow being simply understood as innocent victims or irredeemable perpetrators of atrocities.

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.

The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.

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.

This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children’s human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts’ addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.