THE USE OF CHILD SOLDIERS IN ARMED CONFLICT AS WAR CRIME UNDER INTERNATIONAL LAW

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 non-implementation 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.