Child Soldiering- A War Crime

by
Zaved Hasan Mahmood
Human Rights Consultant
Consultant, Office of the UN High Commissioner for Human Rights
Former Civil Affairs Officer,United Nations Assistance Mission in Afghanistan
Former Consultant, UNICEF Innocenti Research Centre, Florence

Der Beitrag war fuer den 25.11. vorgesehen, konnte aber wegen Visumproblemen nicht gehalten
werden.

Abstract

The cruel irony is that it is the innocent children who are often the first causalities of armed conflicts.
In the last decade more than 2 millions children have been killed in armed conflicts and more than 6
millions have suffered physical mutilations. Millions of children have become orphans or left
homeless as a result of war. Reliable estimates also indicate that some 300,000 child soldiers are
currently engaged in war operation. This presentation/paper focuses various aspects of the
recruitment of children for military purposes ( 'child soldiering' ) within the border context of the
Children in Armed Conflict (CAC) and the protection and the promotion of the rights of the child
recognized under the international law and social norms.

First part of the presentation highlights reasons for joining fighting forces. In some countries, many
boys and girls under-eighteen are being recruited by armed groups forcibly, which is generally
defined as 'forced recruitment'. In some conflicts, children join armed groups willingly or
voluntarily. The reason could be various- seeing military service as strategy for survival, or sense of
power and importance, or in response to the witnessing of atrocities or the death of family members,
or even the joining armed groups is considered as the last chance to get food and shelter, i.e.
economic reasons. Some cases suggest that the religious faith and fanatic interpretations of the faith
encourages parents or guardians to send their little boys or girls to the conflict. Stories from different
parts of the world elaborate these aspects. Whether the recruitment of children under-eighteen is
forceful or voluntary, it is not the issue. The bottom line is that the 'child soldiering' is a war crime
and an heinous crime against humanity- whenever, wherever it takes place or whatever form it has.

Second part of the presentation discuss the evolution of the international law in relation to the child
soldiering. After the Second World War, the world community witnessed various international
humanitarian treaties, i.e. Geneva Conventions, which humanize the conduct of war, and provide
protection of civilian during war. The humankind also witnessed the new era of recognition of
human rights. Eventually, during following decades various mechanisms had been put into place for
the international promotion and protection of human rights. Until late 90's, the international law in
relation to the children soldiering has been unclear and insufficient. In recent times, the scope of
international instruments has been strengthened and expanded. The Rome Statute on the
International Criminal Court (1998) and Second Optional Protocol to the Convention on the Rights
of the Child (2002) on the issue are two recent cornerstone international legal instruments on child
soldiering which prohibit any kind of recruitment of children for military purposes. The ICC Statute
criminalize this practice as a war crime under international law. Recent judicial activisms at the
international and national level ( eg. cases of the Special Court on Seirra Leone) also suggest that
serious judicial considerations have been given to the issue of thechild soldiering.

Legal instruments and judicial actions are crucial, but not enough to eradicate any crimes or to stop
any violations of rights. This is equally true in the case of the child soldiering. There is a need to put
together various preventive and protective actions/programs- political, social, economical and
cultural- for an end of the crime. The third part of the presentation focuses and examines the
actions and programs adopted by the international community on this issue. In 1999, the issue of
children in armed conflict vis-a-vis the child soldiering was discussed at the United Nations Security
Council for the first time, by placing the issue at the center of the highest-level global discussion on
the peace and security. Subsequently, the Security Council adopted four resolutions on this issue,
which strengthened and expanded the scope of international actions to protect children affected by
armed conflicts. This presentation discusses and examines the scope of international and regional
actions, which includes the role of different bodies of the United Nations, peace agreements, special
mechanism for monitoring- reporting- preventive and rehabilitating programs, DDR programs,
regional / sub-regional inter-governmental (eg. European Union, ECOWAS ) actions etc. Non-
governmental organizations and other civil society groups also play an 'indispensable role' in the
development of the agenda for war-effected children, particularly on the issue of the present
discussion. They have developed global advocacy and significant operational programs on the
ground. Within the national context, various governmental authorities- specially post-conflict
national authorities- has demonstrated a few remarkable successes, which also warrant appropriate
attention in any discussion on the child soldiering.

In the conclusion, the presentation seeks attention on further new toughts and recommendations to
create a safe world where not a single little boy of girl will be forced to carry a gun or rifle or be
suicide bomber, to ensuring them that they will not be victim of any war or conflict, to promise that
every day and night they are safe and sheltered, to guarantee that every day they can go to school
with their books and pencils in hands, and have sufficient foods to eat. However, how all these are
possible without going back and looking at root causes of wars ?

Related Web Links:

www.un.org/special-rep/children-armed-conflict

The web link of the Office of the Special Representative of the United Nations Secretary General on the Children &
Armed Conflict. It contains reports of the Secretary General on the Children & Armed Conflict, relevant Security
Council resolutions and other documents.

www.child-soldiers.org
The official web link of the Coalition to Stop the Use of Child Soldiers works to prevent the recruitment and use of
children as soldiers, to secure their demobilisation and to ensure their rehabilitation and reintegration into society. It
contains country-by-country information on child soldiers, global reports and various themed papers on the issue.

www.watchlist.org

Violations against children in armed conflicts: An Action Plan for Monitoring, Reporting and Response, By
WatchList on Children and Armed Conflict