Source : IPCCL
By Av. LLM Erinda Duraj (Male), Bozo & Associates Law Firm
Child Soldiers
Photograph: Karel Prinsloo
Abstract
Children are a central concern of international criminal justice. International crimes and other
forms of violence and the abuse of children are disturbing daily realities in today’s world. Children
and young persons are increasingly being targeted for the purposes of murder, rape, abduction,
mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra
Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The
participation of children in international criminal justice and other accountability mechanisms
is now one of the major issues facing criminal justice today. In this sense, this paper presents a
short overview on the issue of children and their participation in international criminal justice.
The paper thus focuses on giving a definition of “child/children” according to international norms,
which are the key principles of children’s rights, their participation in the criminal justice system,
the different international crimes committed by them or against them etc. Also, this paper briefly
addresses the main contours of the normative framework regarding the criminal responsibility
of children for their alleged participation in international crimes. It reviews international norms
regarding children who may be accused of having participated in the commission of such crimes
themselves (as child soldiers) and identifies their criminal responsibility for such acts. Finally,
this paper acknowledges the obligations of states under international law to prosecute persons
accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances,
specifically focusing on crimes against children.
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