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Forbes: life long impact of being a child soldier

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Forbes: life long impact of being a child soldier

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By Siddharth Chatterjee

" Childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul " - Dave Pelzer

The Kony 2012 video viewed by nearly 100 million people stunned the world and brought back into focus the egregious use of children as combatants. The blatant terror and savagery taking place in a moral vacuum of sorts, where thousands of children are maimed, raped, killed and abused is a microcosm of a problem afflicting many parts of the world. It even spurred some U.S. Senators to act upon the decades of crimes against humanity committed by the notorious Lord's Resistance Army in Northern Uganda.

Human Rights Watch confirmed reports of child soldiers being used extensively in recent weeks by the M 23 rebel group in the Congo. Young children continue to be recruited and used as soldiers, scarring them for life. Estimates suggest that as many as 300,000 child soldiers are active in conflicts around the world. 40% of armed forces (including national armies, militias, gangs, terrorist organizations and resistance forces) in the world use children.

Many erroneously believe that child soldiers are mostly boys. In fact, 30% of armed organizations that use children have girls. Girl soldiers aren't just at risk for long-lasting physical and psychological wounds, they are almost always at risk of often brutal sexual violence as well.

The other fallacy is that the issue of child soldiers is isolated to armed militias in parts of Africa. Child soldiers have been used by armed groups in recent and ongoing conflicts in South Asia, Southeast Asia, the Middle East and South America. Moreover, some governments also recruit and use children under the age of 18 in their armed forces.

Numerous factors influence the recruitment of young children into conflicts. Children are most vulnerable in areas where conflicts have raged over a long period of time. If children are born into and raised in a conflict zone, they are more likely to be de-sensitized to violence. They are also less likely to have been exposed to opportunities, such as education or jobs.

Besides forced recruitment, many children volunteer to fight as they have few other options for a livelihood outside of an armed organization. The military or militia is seen as a 'meal ticket' and a place for safety and security. Children are also easier to convince and control, and often require little or no payment, making them targets for terror groups and militias.

Society must also reflect on what war can do to the psyche of survivors. Child soldiers who have managed to be rehabilitated have told stories of becoming de-sensitized to killing others after having been recruited when they were as young as 9 or 10. Studies show that these children suffer from high rates of depression and anxiety. They are also victimized by the loss of a moral compass and social bonds. Due to the severe violence they mete out to others, they lose the ability to rationalize between wrong and right, causing long-lasting damage to their psyche.

Children exposed to long-term violence are also at risk for psycho-somatic symptoms such as insomnia and nightmares, as well as prone to addiction and aggressive behaviour. In Liberia, studies showed that 90% of child soldiers showed evidence of post-traumatic stress disorder (PTSD) and 65% displayed symptoms of a major depressive disorder. Many have thoughts of suicide.

What must be done about this? One option remains most urgently in front of society: Children already recruited into violent conflicts can be rescued and re-integrated into society. The international community does not need to wait for conflicts to end for children to be removed from armed organizations. UNICEF demonstrated this clearly in South Sudan in 2001, when, after protracted negotiations with all parties to the conflict, the organization and its partners removed thousands of child soldiers from the on-going conflict and re-integrated them into society. Many lives were saved as a result.

Disarmament, demobilization and reintegration (DDR) programs have been implemented in countries like Sierra Leone and Liberia. The most replicable and successful examples are when various actors partner with local authorities. For example, in Liberia, a range of partners acted in concert to re-integrate children, including UNICEF, World Food Program, World Health Organization (WHO), ActionAid, and the United Nations Development Program (UNDP).

The biggest challenge for most child soldiers comes in the 'R' part of DDR programs. Having been raised in hyper-violent situations, most children are unable to adjust to civilian life. There is often little recourse for effective mental health counselling in countries recovering from armed conflict. Many face stigma from other members of society.

Mental health counselling may prove to be a sine qua non to successfully re-integrating child soldiers into civilian life. In this regard, it may be critical to enlist the help of national psychiatric institutions from developed countries as well as international NGOs that provide health services.

Economic re-integration is already a part of DDR programs. Many of these children have only ever known a violent life; left without options and opportunities, they are doomed to repeat the same cycle of conflict they grew up in. Child soldiers can be trained in vocational, trade and business skills to enable them to participate in economic activities. Younger, pre-adolescent children can be sent to specialized schools where the focus is on learning life and basic education skills, rather than making them fit into regular schools where they have little in common with their peers.

Experts say that once conflicts end and many psychologically scarred former child soldiers (now young adults) are demobilized and returned to their communities, the peace is fragile and insecurity is amplified. This is because these children have not been properly reintegrated and their psycho-social needs unmet. Parts of Africa, Asia and South America risk long term instability as there is evidence of children moving from one armed group to another, or becoming part of criminal gangs.

Finally there is need for affirmative political action. The United States can play a pivotal role in this regard. To its credit, the United States has laws (the Child Soldier Prevention Act) that prevent military aid to countries and groups that employ child soldiers. However, parties have been exempt from these laws at the discretion of the American government. It is imperative that this is avoided at all costs. America's moral leadership and astute conviction is urgently needed to stop this highly egregious and tragic practice.

The U.S. can literally define a new narrative to end the use of child soldiers. Its voice and influence still carries sway. It should also strengthen the International Criminal Court to prosecute countries, groups, warlords and leaders who violate the rights of the child and use children as combatants. The message must be clear and unequivocal, "zero tolerance" on children being used and abused in armed conflicts and in gang warfare.

Society at large needs to ensure a global compact-including civil society, the private sector, government and militaries-which can work together to re-integrate child soldiers back into society and make them productive individuals and their dignity restored.

On the issue of children, values must be the guiding principle, not Realpolitik. As President John F. Kennedy once said, "Children are the world's most valuable resource and its best hope for the future". That future should not be jeopardized.
These are personal views of Siddharth Chatterjee. In 2001, in UNICEF, he led the demobilization of child soldiers during an on-going conflict in South Sudan and recently did a talk on child soldiers. He currently works in the . His e mail address is: sidc@alumni.princeton.edu. Twitter:

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For Child Soldiers, Every Day Is A Living Nightmare

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By Siddharth Chatterjee " Childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul " - Dave Pelzer The Kony 2012 video viewed by nearly 100 million people stunned the world and brought back into focus the egregious use of children as combatants.

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World Vision: long term impact of being a child soldier

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Despite being least responsible for the outbreak of violent conflict, children are disproportionately at risk of being affected by the violence and exploitation that occurs in war zones.

While there can appear to be an element of "choice" involved in a child's actions that result in joining an armed group, this choice is almost always a product of coercion, lack of safe alternatives, and out of fear created by the conflict itself.

When trying to end the scourge of child soldiers, it's necessary to work not only with armed forced and groups to end their recruitment practices, but also tackle the root causes and factors driving these push factors

Children can become involved in armed conflicts in direct combat roles, but also in supporting roles - being forced or coerced to become cooks, cleaners, porters, intelligence gatherers and spies, wives, sex slaves, or used in acts of terror. Regardless of their role, the experience for girls and boys is devastating.

As the world looks to end and prevent the use of child soldiers, it is crucial to address all the factors - including those that push children into armed groups.

Strengthening the protective environment for children in fragile and conflict contexts and ensuring adequate resourcing of child reintegration programmes are both key factors to ending the recruitment and use of children. Read our full policy recommendations
1. What is a child soldier?
According to the Paris Principles on the Involvement of Children in Armed Conflict (2007), a child associated with an armed force (State military or security force) or armed group (non-State actors with arms engaged in conflict) refers to any person below 18 years of age who is, or who has been, recruited or used by an armed force or armed group in any capacity, including, but not limited to children, boys and girls, used as fighters, cooks, porters, spies or for sexual purposes.
2. How are child soldiers recruited?
Although child soldiers are often forcefully recruited, in a number of armed conflicts it is common for boys and girls to be "pushed" to join an armed force or group, out of fear, coerced, or when left with few other choices.

While there can appear to be an element of "choice" involved in a child's actions that result in joining an armed group, this choice is almost always a product of coercion, lack of safe alternatives, and out of fear created by the conflict itself.

When trying to end the scourge of child soldiers, it's necessary to work not only with armed forced and groups to end their recruitment practices, but also tackle the root causes and factors driving these push factors.

These factors can include:

Ongoing insecurity and displacement

During times of protracted violence, when families are internally displaced or have to cross borders as refugees, communities are attacked, destroyed or occupied, or as families are internally displaced, their lives become chaotic and disruptive.

This chaos can result in separation between family members, including children from their parents.

The delicate networks that once offered protection and support to families are often irreparably damaged.
Lack of educational and employment opportunities
Where families are displaced by conflict, access to education may be even more limited or non-existent.

We commissioned interviews with children affected by armed conflict, and found that when girls and boys can no longer safely access learning, they can begin to feel there is no hope for a job opportunity when they are older or for the future.
Poverty, lack of basic necessities and economic factors
For child soldiers, personal financial or familial economic situations rank high as a reason to join. When food and other resources become scarce, the alluring promise of barracks that offer a warm bed and readily available food is difficult to resist.

Conflict can destroy local economies and livelihoods. When families suffer loss of income, the pressure to survive can push parents and caregivers to urge their children to join an armed group - as a hope for the child to be fed by the group or earn an income to contribute to the family.

In some contexts, bride price arrangements with armed groups can be a driving factor for girls' recruitment, as the family seeks a source of income to survive.
Poor sense of belonging or lack of familial relationships
In times of uncertainty or displacement due to armed conflict, children often leave school, their homes, villages and even countries. These circumstances can lead to a sense of isolation.

When this happens, children may experience a loss of personal identity because a child's sense of self is directly connected with his or her social surroundings. Joining an armed group and becoming a child soldier provides a sense of identity in that they now belong to a community, despite the level of risk and violence a child often knows they will experience.
Community and family expectations
In situations of armed conflict, particularly at the local level communities can feel the need to protect themselves because of the mere presence of the armed force/group, or because the armed force/group may stand for a belief that is shared and supported by that community.

Community members often feel pressure, or may even want, to play their part. As a result, elders, leaders, families or parents can pressure children to join an armed group - to gain protection, or to support a cause.

As well, other family members may already be involved in a conflict situation and children will recognise this as an opportunity for deeper connection.
3. How many child soldiers are there?
Although there are tens of thousands of boys and girls who have been recruited as child soldiers, statistics are difficult to come by. The exact number is unknown as most data dates back nearly two decades. However, we do know that:

In 2020, the United Nations Secretary General that 7,747 children, some as young as six years old, had been recruited as child soldiers in the previous year.

In this same report, the UN verified that children were recruited and used in 14 armed conflicts that involved the recruitment and use of child soldiers. While the majority of perpetrators were non-State armed groups, 10 States were verified by the UN to still use child soldiers.

4. What are the effects of being a child soldier? 6. What is World Vision doing about child soldiers?
At World Vision, we believe that all children should have the opportunity to experience life in all its fullness.

Our strategies to end the recruitment and use of children by armed forces and armed groups are most effective when they are part of a comprehensive, multidisciplinary approach focused on the protection of the safety and rights of the child.

World Vision programming focuses on prevention by addressing the primary drivers of recruitment and strengthening the protective environment around children.

By doing so, children are less susceptible to not only recruitment, but also other forms of violence, abuse, neglect and exploitation. We offer reintegration programming to support former child soldiers, in line with our general child protection approach.
Prevention Reintegration

In South Sudan, World Vision supported over 700 girls and boys to reunite with their families and reintegrate into their communities, providing case management services through qualified social workers, tailored counselling and psychosocial support for child survivors of sexual violence, and supporting their re-entry to primary and secondary education. Older children were also supported with vocational training to help open doors for the future.

Central African Republic , World Vision has connected with peer NGOs, academia and the private sector in a ground-breaking partnership to protect children from the worst forms of labour, including child recruitment and use, supporting local communities to advocate and act to create change.

In the Democratic Republic of Congo, through the Rebound Project children were supported to reintegrate into community life through the provision of psychosocial support, life skills classes and basic vocational training. At the end of the programme, participants were provided with small grants to start businesses .

How can I help?
Check if your country has signed and ratified the OPAC and the Paris Principles. Urge your government to take actions to implement this important international agreement.

You can also support vulnerable children and their families through our Childhood Rescue initiative .
Find out more about Childhood Rescue here.

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Despite being least responsible for the outbreak of violent conflict, children are disproportionately at risk of being affected by the violence and exploitation that occurs in war zones. While there can appear to be an element of "choice" involved in a child's actions that result in joining an armed group, this choice is almost always a product of coercion, lack of safe alternatives, and out of fear created by the conflict itself.

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Grace* heard the warnings. They came in the form of whispers, passed with alarm from one villager to another.
Soldiers are coming.
Grace was just 10 years old. But already her life in South Sudan had been ripped apart by violence. A bloody civil war had been raging in the central African country. It started in 2013, when rebel forces attempted to overthrow the president. Two years later, the rebels were still clashing with government troops. Grace's dad had long ago left home to fight.

Despite the chaos swirling around her, Grace kept attending school. She helped look after her 4-year-old sister. And on weekends, she joined her mother on the roadside to sell vegetables.

With no electricity-much less a TV, radio, or phone-in their small mud-and-grass hut, the family depended on word of mouth for news of the war. That's how they knew that soldiers on both sides were forcing civilians-even kids-to fight. Grace had heard stories of sons and daughters being dragged away from their parents by armed troops.
Soldiers are coming.
Whenever the whispers came, Grace and her family would pack up and flee. They would hide in the wilderness or a different village. They had taken shelter at a farm nearby on the day the war finally caught up with them.

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Grace* heard the warnings. They came in the form of whispers, passed with alarm from one villager to another. Soldiers are coming. Grace was just 10 years old. But already her life in South Sudan had been ripped apart by violence. A bloody civil war had been raging in the central African country.

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World Vision: child soldiers facts and how to help

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World Vision: child soldiers facts and how to help

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"Man has created the ultimate cheap, expendable, yet sophisticated weapon, at the expense of humanity's own future: its children... Desperate children, boys and girls, are cheap to sustain, have no real sense of fear, and are limitless in the perverse directions they can be manipulated through drugs and indoctrination since they have not yet developed a concept of justice and have been ripped away from their families to fend in the new perverted family of armed force." -General Romeo Dallaire

The United Nations reports that one in six children -that's 357 million girls and boys-live in areas of the world affected by war or armed conflict. Despite being least responsible for the outbreak of violent conflict, children are nevertheless disproportionately at risk of being affected by the violence and exploitation that occurs in war zones.

It is a commonly held belief that the majority of child soldiers are children who have been abducted or violently forced into armed conflict. While this can be true, it is more often circumstantial factors that leave a child with no choice but to join a militarized faction.

According to recent research by World Vision International, ending the recruitment of children into violent conflict is possible by addressing the root factors that push children into armed forces in the first place. Through the proactive creation of protective environments, we can strive to eliminate this grievous situation.

To help better understand the complicated situation children and their families face in areas of armed conflict, and to explore potential solutions for ending the plight of child soldiers, we will consider the following questions:

1. What is a child soldier?

2. How are child soldiers recruited?

3. How many child soldiers are there?

4. What are the effects of being a child soldier?

5. What is Canada doing about child soldiers?

6. What is World Vision doing about the issue of child soldiers?

7. How can I help rescue child soldiers?

1. What is a child soldier?
Child soldiers are children (individuals under the age of 18) who are used for military purposes. According to the United Nations Convention on the Rights of the Child and international human rights law, no child under 18 may be recruited into armed forces (government military) or armed rebel groups (militias and gangs).

The term "child soldier" encompasses a wide range of roles in which children - boys and girls - are used in military conflict. The responsibilities of a child soldier can include armed combatant, spy, cook, porter, messenger and 'wife' (for sexual exploitation). Regardless of the responsibility, each role has long-term, negative effects on the child.
The United Nations reports that one in six children-that's 357 million girls and boys-live in areas of the world affected by war or armed conflict. Photo: Mark Nonkes
2. How are child soldiers recruited?
Although child soldiers are often forcefully recruited, it is not the primary way that children, both male and female, become involved in armed conflict. Participation frequently comes down to despair.

While there is usually an element of "choice" involved, that term is used very loosely. It is far more common that coercion, in partnership with desperate circumstances, plays a role in this choice. Therefore, when trying to end the scourge of child soldiers, it is necessary to work not only with armed groups, but to consider other means by which the cycle can end.

Addressing the root cause of the child soldier problem means tackling the numerous other factors that impact recruitment. These factors can include:
Lack of educational and employment opportunities
In areas of armed conflict, people can find themselves in refugee camps, internally displaced person camps, or in other informal settlements where education is severely limited or non-existent. A lack of education often means a lack of income opportunities. Thus, joining an armed group becomes an employment or survival strategy.

Poverty and lack of basic necessities

For child soldiers, personal financial or familial economic situations rank high as a reason to join. When food and resources become scarce, the alluring promise of barracks that offer a warm bed and readily available food is difficult to resist.

Poverty is also a root cause of girls becoming child soldiers. In fact, far more girls join than previously thought, though they are recruited for different reasons. Girls are used as wives and girlfriends of the soldiers and are commonly pushed into those relationships. Girls are also often used as spies.

While the physical effects of being a child soldier are varied, the horrors of armed conflict do leave long-lasting psychological effects. Photo: Lisi Emmanuel Alex

Poor sense of belonging or lack of familial relationships
In times of uncertainty or displacement due to armed conflict, children often leave school, their homes, villages and even countries. These circumstances can lead to a sense of isolation. When this happens, children may experience a loss of personal identity because a child's sense of self is directly connected with his or her social surroundings. Joining an armed group and becoming a child soldier provides a sense of identity in that they now belong to a community, however misguided.

Joining an armed group can also bring status. Children may return from fighting with shoes, money and other status symbols that are influential in recruiting others. Their newfound prestige can also lead to positions of leadership and influence that they would never achieve otherwise.

Community and family expectations
When there is protracted violence in a region, communities can feel the need to protect themselves because of the unpredictable movement of armed groups. Community members often feel pressure to play their part. As a result, children whose families have been affected by violence may choose to seek revenge by joining an opposing group.

As well, other family members may already be involved in a conflict situation and children will recognize this as an opportunity for deeper connection.

Ongoing insecurity and displacement
During times of protracted violence, when families are internally displaced or have to cross borders as refugees, their lives become chaotic and disruptive. This chaos can result in separation between family members, including children from their parents. This separation leaves children without any means of safety or security, so they choose to become child soldiers as a form of protection.

3. How many child soldiers are there?

Although there are tens of thousands of boys and girls who have been recruited as child soldiers, statistics are difficult to come by. The exact number is unknown as most data dates back nearly two decades. However, we do know that:
4. What are the effects of being a child soldier?
While the physical effects of being a child soldier are varied, the horrors of armed conflict do leave long-lasting psychological effects. When children are repeatedly exposed to traumatic stress during development, it leaves them with mental and physical ill-health, most notably post-traumatic stress disorder (PTSD) and severe personality changes. In some cases, children may be forced to take drugs that can change the child's temperament and negatively impact their personality. There are also alarming cases of fistula and physical maiming, however the principal damage is psychological.

Seventeen-year-old Yuda is one of 700 children in South Sudan who is part of a World Vision run reunification and reintegration programme for children formerly associated with armed groups. Photo: Mark Nonkes

5. What is Canada doing about child soldiers?

On February 12, 2019, International Day Against the Use of Child Soldiers, the government of Canada released a statement from the Prime Minister regarding Canada's position on child soldiers. In the statement, the government reiterated Canada's commitment to protecting children from the "heinous practice" of being used in armed conflict.

6. What is World Vision doing about the issue of child soldiers?

At World Vision, we believe that all children should have the opportunity to experience life in all its fullness. To that end, our strategies to end the recruitment and use of children in armed forces and militant groups are most effective when they are part of a comprehensive, multidisciplinary approach.

World Vision programming focuses on prevention by addressing the primary drivers of recruitment and strengthening the protective environment around children. By doing so, children are less susceptible to not only recruitment, but also other forms of community or family violence. We do, however, offer reintegration programming to support former child soldiers, in line with our general child protection approach.

Prevention
World Vision works to prevent children from being recruited into armed forces by strengthening child protection systems, promoting peacebuilding and increasing access to education and livelihood opportunities for entire communities. We take a holistic, rights-based systems approach, addressing the root causes of violence against children by strengthening the protective environment and building children's capacity to protect themselves.

Through programs, World Vision supports partners including government agencies, civil society groups and community-based organizations, as well as other NGOs, to work together to create a protective environment that cares for and supports all children, especially the most vulnerable. We accomplish this through a variety of approaches, including:

Educating and empowering girls and boys as powerful agents of change, by providing opportunities for children to increase their decision-making and coping skills, and by promoting peace and social cohesion.

Strengthening families and caregivers to be the first line of protection and care for children by growing social support networks, and linking them to economic and social assistance, universal birth registration and other family support systems.

Partnering with communities to address the root causes of violence against children, including inequality, inadequate social protection systems, lack of economic opportunity, conflict and instability, and harmful attitudes, beliefs and practices that tolerate and spread violence.

Reintegration
The reintegration of children formerly associated with military forces into their families and communities is a crucial step for the well-being of former child soldiers, as well as helping break the cycle of violence.

Some examples of World Vision's international programming include:

The Children as Peacebuilders project in the Central African Republic has worked with over 5,000 vulnerable children, including those formerly associated with armed groups, to campaign against child recruitment, increase access to education and livelihood assistance, and promote peace for conflict-affected children. Through the project, children's peace clubs have been established, bringing together Christian and Muslim children to learn about conflict resolution, forgiveness, non-violent expression and civic participation. Conflict-affected children are also provided support in accessing formal and informal educational opportunities, and former child soldiers have been reintegrated into their communities.

Sartourne, 19, lost his leg in a violent attack while he was a child soldier in the Central African Republic. Now, he has been rehabilitated and received vocational training as a mechanic at a World Vision Peace Club. Photo: Chelsea Maclachlan

In South Sudan, World Vision, in partnership with UNICEF and the Ministry of Education, is leading on the reunification, recovery and reintegration of over 600 children. We operate two interim care centres for unaccompanied/separated children with no known families. We're also providing case management services by qualified social workers, tailored counselling and psychosocial support for child survivors of sexual violence, and psychosocial support through Child Friendly Spaces.

In Eastern Democratic Republic of Congo, the Rebound Project annually supports 80 children formerly associated with armed groups and the sex trade. Children are reintegrated into community life through the provision of psychosocial support, life skills classes and basic vocational training. At the end of the program, participants are provided with small grants to start businesses. The project also works to strengthen local child protection systems and supports family reunification and temporary placement with host families as needed.
7. How can I help rescue child soldiers?
Sponsorship: Breaking the cycle of violence against children is complicated. World Vision does not directly rescue child soldiers. Instead, through child sponsorship, your monthly support addresses the root causes of violence by providing a child with access to education and healthcare and much more, helping protect her rights and empowering her for the future. Learn more about child sponsorship.

Donate: You may be wondering how to help children in areas of armed conflict. While solutions are complex, making a difference is not. You can support vulnerable children and their families through our Raw Hope initiative. Your donation will help provide life-saving essentials and support to children and families under the threat of abuse and exploitation.

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Plight of the child soldier: facts, foundations and how to help

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1 in 6 children-that’s 357 million girls and boys-live in areas of the world affected by war or armed conflict. Many are recruited to be child soldiers. Learn why children are the target of armed forces and what you can do to help.

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Save the children organization: facts about child soldiers numbers and causes

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Save the children organization: facts about child soldiers numbers and causes

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Units of Study

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Peter's* story. This former child soldier, was only 10 years old when he was forcibly recruited, armed and trained to kill by South Sudanese fighters - until he escaped two years later. Thanks to you, we're helping Peter recover and return to learning. Uganda. *Name changed for child's protection.

There are six UN-verified "grave violations" of children's rights in conflict. Being recruited and used as a child soldier is one of them.[i]
Save the Children's Stop the War on Children report, the third in our global series, reveals shocking trends in the threats to innocent children now living and suffering in the world's war zones:

149 million children - double the number of all children in the U.S.[ii] - live in high-intensity conflict zones, areas experiencing thousands of battle-related deaths each year.

Since 2010, there's been a 34% rise in the number of children living in conflict-affected areas, plus a staggering 170% rise in the number of reported grave violations committed against children in conflict.

This includes more child soldiers, as well as those more likely to be killed or maimed, abducted, sexually abused, see their schools or hospitals attacked, or have aid denied to them.

Children in conflict are more at risk of harm now than at any time in recorded history.

Child soldiers, boys and girls as young as 8 years old, are being recruited and used not only for fighting, but for sexual exploitation and more in conflicts raging across the globe. This isn't just a grave violation of children's fundamental human rights - it represents the tragic end of childhood. The world's children deserve so much better. We must stop the war on children.

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Peter's* story. This former child soldier, was only 10 years old when he was forcibly recruited, armed and trained to kill by South Sudanese fighters - until he escaped two years later. Thanks to you, we're helping Peter recover and return to learning. Uganda. *Name changed for child's protection.

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Units of Study

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Children need be the victims of war only if there is no will to prevent it. Experiences in dozens of conflicts confirm that extraordinary actions have been taken and can be taken to protect and provide for children." State of the World's Children, UNICEF, 1996.
UNICEF, the Committee on the Rights of the Child within the Office of the UN High Commissioner for Human Rights, The Office of the Special Representative of the Secretary-General for Children and Armed Conflict, and the UN Security Council's Working Group on Children and Armed Conflict have been the most involved UN offices involved in the issue of Child Soldiers.Other groups have weighed in on the issue as well, including the UN Human Rights Sub-Commission on Conscientious Objection to Military Service and the UN Seminar on Child Labor.This is by no means considered an exhaustive list since the issue of child soldiers is so wide reaching it may have been mentioned briefly in many different agencies and offices within the UN.

As UN involvement has been extensive in the issue of child soldiers, I have developed a timeline highlighting important events in the campaign.This list is not exhaustive as UN involvement is so heavy it would be a prohibitively long timeline!It is meant to demonstrate when different agencies and offices became active, and in what capacities they have been involved.Please see the analysis following the timeline for my critique of the UN's role in the agenda-setting process of child soldiers.

1959- UN adopts the Declaration of the Rights of the Child, but it offers no protection to child soldiers.

1979- United Nation's International Year of the Childwhich inspires the UN to begin considering updat ing the 1959 Declaration on the Rights of the Child (???)

1980- QUNO submits recommendations on child soldiers to the UN's 36 th session of the Commission on Human Rights

1983- The Human Rights Sub-Commission on Conscientious Objection to Military Service recommended that some kind of action be taken to diminish the use of child soldiers (E/CN.4/Sub.2/1990/43:16) (from Heckel, 13).

1984- UNICEF hosts NGO workshops in Rome discussing child victims of armed combat (Heckel, 13).

1984- UNICEF conducts studies on the impact of war on children in Uganda and South Africa.

1985- UN Seminar on Child Labor reached the conclusion that child soldiering was a form of exploitative child labor (E/CN.4/Sub.2/1990/43:16).

1985- UNICEF publishes "Children in Especially Difficult Circumstances" which includes a section condemning the use of child soldiers (E/ICEF/1985CRP.3 and E/CN.4/Sub.2/1990/43:16).

20 November 1989 - Convention on the Rights of the Child adopts by the UN General Assembly and is the "first legally binding international instrument to incorporate the full range of human rights-civil, cultural, economic, political and social rights." U.S. and Somalia are the only states who do not ratify. The Convention defines a child as anyone under 18 but does not specify this age for child soldiering. In Article 38 it reiterates the Geneva Convention's 15 years of age and asks states to prioritize use of older soldiers.

September 1992- Committee on the Rights of the Child which monitors implementation of the Convention on the Rights of the Child spends a whole day on "Children in Armed Conflicts" (CRC/C/10).

1993- Committee on the Rights of the Child recommends the adoption of an Optional Protocol to raise age of recruitment and service to 18

June 1993- World Conference on Human Rights held in Vienna, participants also called for an Optional Protocol.

1994- UN Commission on Human Rights establishes a "working group" to draft the Optional Protocol and they meet for the first time.

1994- UN announces its campaign to end the use of child soldiers (Heckel, 18).

March 1994- UN resolution 48/157 appoints Graca Machel to deliver a report on the status of children in armed conflict

1996- Graça Machel report on the Impact of Armed Conflict on Children comes out, and the UN secretary general appoints a new Special Representative for Children and Armed Conflict, Olara Otunnu

January 1996- the UN Human Rights Commission authorizes another Working Group which decides to create an informal drafting group to get the work done quicker.Pressure from U.S. prevents group from accomplishing much. (Heckel, 20)

1997- UNICEF and NGOs reach an agreement on goals for the child soldiers Optional Protocol (move age from 15 to 18) at Symposium on Child Soldiers in Cape Town (organized by NGOs) (Lorey 2001:10??? From Heckel, 19-20)

September 1997- UN Secretary-General Kofi Annan appoints Olara Otunnu as his Special Representative for Children and Armed Conflict.

1999- The UN Security Council passes Resolution 1261 identifying children and armed conflict as an issue affecting international peace and security.

1999- UN work in Sierra Leone helps to bring about the Lomé Accords which are the first peace treaty to recognize the use of child soldiers.It also made provisions for their rehabilitation and reentry into society (Singer, 184).

May, November and December 1999- Canada hold workshops and consultations on strengthening the text of the draft of the Optional Protocol

May 25, 2000- After six year of complex negotiations, The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict is adopted by the UN General Assembly. It provides that states shall not compulsorily recruit persons under the age of 18.

June 2000- Optional Protocol opened for signatures and Canada is the first to sign.

2001- The UN Security Council passes Resolution 1379 which urges U.N. member states to prosecute those who recruit and use children in war. It also requested the Secretary General to create a list of parties in armed conflict that violate international law on child soldiering.

2002- Secretary General generates list of offending parties and presents to Security Council.

2003- UN Security Council passes resolution 1460 calling on offending parties to "provide information on steps they have taken to halt their recruitment or use of children in armed conflict."

2004- UN Security Council Resolution 1539 condemns lack of progress on implementation of Resolution 1460 and says that a violating party's failure to comply may result in sanctions (mostly military arms).It also asked the Secretary-General to come up with a monitoring and reporting system.

July 2005- UN Security Council Resolution 1612 created a monitoring and reporting system and instituted the Council's Working Group on Children and Armed Conflict.

Present- UN working group set up in Resolution 1612 continues to work but is plagued with conflicting interests and opinions.As far as I can tell no sanctions have been imposed, even though many offending parties have consistently violated international law (specifically LTTE in Sri Lanka). They spent the first half of 2008 working on internal procedure and working methods.

In what capacities has the UN been involved in this issue?Using the list of capacities suggested by Reinicke and Deng it seems that the UN has had a part in each role possible; convener, provider of a platform and "safe place," social entrepreneur, norm entrepreneur, multilevel-network manager and capacity builder (Reinicke and Deng, 97).The UN brought governments into a conversation about child soldiering, with NGOs providing information and suggestions.This informal way of "bringing stakeholders together" helped to create "consensual knowledge-building (Reinicke and Deng, 97)."

The high profile leadership of the UN on this issue qualifies them as the most visible social entrepreneur on the issue of child soldiers.While QUNO and other smaller European NGOs were pushing hard for the child soldier issue to be put on the UN's agenda, it was the CRC committee that provided the platform and space to make the debate public.In addition, the UN consistently has taken actions to promote a new norm in the area of child soldiers, making them norm entrepreneurs as well.The UN role as multilevel-network manager and capacity-builders has not been as prominent but should not be discounted.While I did not mention anything specific about financing projects, UNICEF has co-funded some projects (with USAID for example) on child soldier rehabilitation.

In terms of the diagnostic and prognostic framing, the UN had a role in both. Diagnostically different UN agencies have produced reports on the situation of child soldiers.NGOs , governments , and the media have also had a crucial role in diagnostic framing.The UN has taken the lead on prognostic framing for the issue of child soldiers, although governments (Canada, others) and NGOs (QUNO, INAGH, HRW) have supplied the UN with suggestions and have applied pressure.

The UN's role in getting the issue of child soldiers on the global agenda was absolutely crucial.At every step of the agenda-setting process the UN was involved in some way or another, even if it was not always the key player.The UN Security Council is currently involved in the implementation stage of the process, and UNICEF and the The Office of the Special Representative of the Secretary-General for Children and Armed Conflictare still involved in the campaign and in motivational framing (reports, publications, etc.).

Sources:

Heckel, Heather. "Transnational Activism without the hegemon: The cases of child soldiers and child sexual exploitation." (February 2005) unpublished manuscript

Joachim, Jutta M. Agenda Setting, the UN, and NGOs: Gender Violence and Reproductive Rights. Georgetown University Press (2007), Washington D.C.

Reinicke, Wolfgang H. and Deng, Francis, et. al. Critical Choices: The United Nations, Networks, and the Future of Global Governance. International Development Research Centre. Better World Fund. United Nations Foundation (2000).

Singer, P.W. Children at War. Pantheon Books (2005): New York.

Snyder, Ross. "The Optional Protocol on the Involvement of Children in Armed Conflict." Human security and the new diplomacy / ed. by Rob McRae & Don Hubert (2001), p. 152-160

Webster, Timothy. "Babes with Arms: International Law and Child Soldiers." The George Washington International Law Review; 2007; 39,2

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The UN's involvement on the issue of Child Soldiers

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" Children need be the victims of war only if there is no will to prevent it. Experiences in dozens of conflicts confirm that extraordinary actions have been taken and can be taken to protect and provide for children." State of the World's Children, UNICEF, 1996.

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Ishmael Beah interview with Katie Couric

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Ishmael Beah interview with Katie Couric

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Units of Study

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Efforts to relieve suffering of former child soldiers--invisible children

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Efforts to relieve suffering of former child soldiers--invisible children

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Units of Study

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Learn more about the challenges facing communities & why our work is needed

You make our programs possible & your support is saving lives

Learn how to use your voice to help end violence & exploitation

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Learn more about the challenges facing communities & why our work is needed You make our programs possible & your support is saving lives Learn how to use your voice to help end violence & exploitation

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Summary of trial of child soldier at Guantanamo

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Summary of trial of child soldier at Guantanamo

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Units of Study

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As I sat watching the sentencing hearing at Guantanamo Bay of Omar Khadr, a former child soldier, I wondered how his being detained here for eight years without trial could actually be used against him. But that was the thrust of the testimony on Tuesday before the military commission of the prosecution's expert witness on Khadr's future dangerousness. There Khadr sat, silently, hair and beard trimmed, in a dark suit, while over and over again, Dr. Michael Welner, a board certified forensic psychiatrist and creator of the "depravity scale," talked about how Khadr had been "marinating" in the radical jihadi views of elder statesmen of terrorist groups while at Guantanamo.

Khadr, only 15 at the time of his apprehension but 24 now, has pleaded guilty in a military commission to five charges, including murder in violation of the laws of war for the killing of US Army Sgt. First Class Christopher Speer. Speer was fatally wounded on July 27, 2002, after U.S. forces entered a compound in Afghanistan where Khadr and others were located. After a firefight ensued, prosecutors alleged Khadr threw a grenade that killed Speer and wounded others.

Khadr was also seriously wounded in the firefight, half-blinded in one eye and with two bullet wounds to his chest. In bringing the murder in violation of the laws of war charge before a military commission, the U.S. government is saying that the killing of a combatant openly on the battlefield is a war crime when committed by an irregular combatant. It's a novel legal argument: Merely engaging in battle as an insurgent rather than as a member of a regular army has never made such battlefield conduct a war crime. And Khadr's plea deal makes the U.S. the first Western nation since World War II to convict someone for acts committed as a child in a war crimes tribunal.

But none of this was heard by the military jury on Tuesday. Nor is there reason to believe it will be taken into account when the jury decides sentencing. While the public knows that Khadr, a Canadian national, has entered into a plea agreement, the military jury charged with sentencing has not been informed of the deal-eight years, one in Guantanamo followed by another seven in Canada. Instead, following courts-martial practice, they only know that Khadr has pleaded guilty and will issue a sentence after hearing testimony from both prosecution and defense witnesses. If by chance they issue a shorter sentence, Khadr gets the benefit. But if they issue a longer one, the terms of the plea agreement will govern.

It is hard to imagine the jury will issue a shorter sentence after seeing the direction the prosecution's case is taking. Dr. Welner appears to be their star witness, although he might be eclipsed by the widow of Sgt. Speer. Ms. Speer wept openly in court while the prosecution read a statement about how the grenade thrown during the firefight caused Speer mortal brain damage. She will testify later this week, as will former Army Special Forces Sgt. Layne Morris, who was blinded in one eye during the same firefight.

But on Tuesday, the focus of the testimony was on Khadr's remorse, or lack thereof. Two former interrogators testified that Khadr had bragged about killing a U.S. soldier and that he claimed the day he planted land mines to kill U.S. and coalition forces was the happiest day of his life. But neither had seen him since they last interrogated him in 2002, when he was 16 years old and still medicated from surgery for his near fatal injuries.

Former interrogators and Dr. Welner testified that when Khadr was angry at his guards, he would recall how he had killed a U.S. soldier and that would make him happy. The implication, of course, was that Khadr was, in the words of one interrogator, "cold and callous."

Unstated was why Khadr might be so angry at US soldiers as to relish in the death of one of them. The jury will never hear testimony about how Khadr was strung up like a big over the air vent to his cell in Bagram, or that interrogators told him a fictional story of a young man sent to an American prison who was gang-raped and died of related injuries-implying that Khadr might face a similar fate if he failed to cooperate.

They will never see the video of his interrogation by Canadian intelligence agents where he is lying on the floor crying for his mother. Nor will the prosecution present evidence of international law that required Khadr to be treated differently upon capture from other detainees because of his age.

Dr. Welner stated his conclusion at the outset: Omar Khadr is "highly dangerous." But the basis for his conclusion was far scarier than any threat of recidivism. He relied on Khadr's devoutness, the fact that while in Guantanamo he memorized the Koran (a respected feat in Islam) and has led prayer in his cell block. These factors apparently suggest that Khadr is a radical jihadi.

He acknowledged that Khadr has never been violent at Guantanamo and that the camp where he is housed is reserved for the most "compliant" detainees. But at the same time he insinuated that Khadr's fluency in several languages and ability to communicate with many different people was somehow negative. He seemed dismayed Khadr had not become more "Westernized" and fraternized more with his guards.

Further supposedly damning evidence was Khadr's charm. This, Dr. Welner suggested, would surely make Khadr an influential al Qaeda leader. The No. 1 reason that Khadr was dangerous: his father. A senior ranking al Qaeda leader now dead, Khadr's father took him to visit al Qaeda leaders when he was 10 and to a military training camp when he was 15. The fact that this constituted use and abuse by Khadr's father did not seem to be important. Dr. Welner apparently spent 500 to 600 hours working on Khadr's case for that conclusion, at a cost of several hundred thousand dollars to U.S. taxpayers.

The plea bargain indeed is a hand well played by the prosecution. It has cleansed this case of all its untidy aspects: the abuse allegations, the flouting of international law with respect to the treatment of juveniles, the invention of new war crimes and of an entirely new, untested, and deeply flawed legal process. None will be mentioned in the courtroom. Nor will the pathetic record of Guantanamo in general. Khadr's case is only the fifth to be prosecuted since Guantanamo opened its doors over eight years ago. This, despite the fact that more than 800 prisoners have passed through Guantanamo's gates, the vast majority of them entirely innocent. Of the 174 who remain, roughly half are due to be released. These statistics stand in sharp contrast to that of the tried, true, and more efficient U.S. federal courts, where more than 400 terrorism cases have been prosecuted since 9/11.

Instead, the prosecution parades a theory of dangerousness that has pervaded U.S. detention policy for years: The men in Guantanamo are dangerous, and they are dangerous because they are in Guantanamo.

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The Child Soldier on Trial at Guantanamo

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As I sat watching the sentencing hearing at Guantanamo Bay of Omar Khadr, a former child soldier, I wondered how his being detained here for eight years without trial could actually be used against him. But that was the thrust of the testimony on Tuesday before the military commission of the prosecution's expert witness on Khadr's future dangerousness.

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Invisible children: victims or criminals

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Invisible children: victims or criminals

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Units of Study

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For years the use of children in both conflicts between states and civil wars has been evident. Children are forced by commanders through false promises, drugs and things which you can't even imagine, to kill innocent civilians, other children and even their own families. Universally, the use of child soldiers has been frowned upon as both unacceptable and abhorrent. Despite this, in the last ten years over two million children have been killed, over one million orphaned, over six million have been left seriously injured or permanently disabled and over 10 million have been diagnosed with psychological trauma. However, the question still remains whether or not child soldiers should be held accountable for their crimes. In other words are child soldiers the victims or the perpetrators?

The debate regarding child soldiers has prolonged for years and as of yet there appears to be no definite answer. Both sides of the argument bring up strong points, but it is about time an answer is brought up.

On one side of the argument, many believe that child soldiers are not morally responsible for the actions they perform. More often than not children have no say in whether they enlist or not and once recruited the children become brainwashed through the use of drugs and alcohol. The drugs and alcohol make the children become more compliant enabling them to commit atrocities which they never would have before.

Furthermore, many children join without carefully thinking through their decision. At the time they might believe that recruiting would lead to a safer life as necessities such as food, water and shelter would be available; actually fighting in war would not cross their mind. However, once they are recruited the children become over reliant on their commanders for shelter, money, water, drugs and alcohol that they find an extreme difficulty to leave. Children at that young age will rarely ever have the same understanding as an adult.

In addition to this, many believe, including me, that rehabilitation should be the aim and not punishment. The Truth and Reconciliation Commissions and Disarmament, Demobilization and Reconciliation program, often abbreviated TTR and DDR, are far better ways of helping children recover and reintegrate back into society and out of war. The problem with prosecution is that it poses far too many problems. For instance, prosecution can be selective and be based upon a lack of evidence. Rehabilitation programs are comprehensive and have proven successful. Take the case of the former Sierra Leone child soldier Ishmael Beah. After being caught in the center of a vicious civil war in Sierra Leone, Ishmael was forced to become a child soldier. Years later he was taken to a rehabilitation center and has gone to become a semi-famous musician.

On the other side of the arguments strong points are likewise brought up. For instance, many believe that child soldiers are mere replicas of child criminals; child criminals are prosecuted. Over the course of the past decades child soldiers have been responsible for some of the most brutal acts in wartime, such as rape, mutilation and mass killings of innocent civilians. Most domestic laws state that the age of criminal responsibility is much lower than 18 (child soldiers are generally considered children under the age of 18). If a child can be convicted for murder under these domestic laws there should be no exception for child soldier's just because their crimes occurred in wartime.

Children often become child soldiers in acts of patriotism and in want to avenge the deaths of their family members. Furthermore, it would be false to proclaim that all child soldiers are forced into fighting. Some children join without being forcibly recruited. Children such as these knew what they were doing and thus should be taken into custody.

Another important point to bring up in this side of the argument is that if children aren't prosecuted it would be a denial of the victim's justice. Many believe that it would be unjust and unright to allow the perpetrators-the child soldiers- to be allowed to walk free and stand side-by-side with their victims.

Lastly, if child soldiers are not prosecuted this could be an incentive for their commanders to delegate them to commit war crimes as they would know there are no consequences.

Around the world opinions are mixed as to whether child soldiers should be held accountable for their crimes. The Children and Justice During and in the Aftermath Conflict report states: "If a child under the age of 15 is considered too young to fight, then he or she must also be considered too young to be held criminally responsible for serious violations of IHL while associated with armed forces or armed groups." This is one side of the story and a strong one to say the least. The report also stated that: "Children are often desired as recruits because they can be easily intimidated and indoctrinated. They lack the mental maturity and judgment to express consent or to fully understand the implications of their actions... and are pushed by their adult commanders into perpetrating atrocities." This argument is strong. At a young age it is often easy to become intimidated and children often don't think of the bigger picture, in other words the consequences of their actions. There is scientific prove to back up this statement. The section of the brain known as the frontal lobes controls decision making and only fully develops well into your 20's. Children simply lack the ability to think of the long term consequences of their actions. This is the argument being made by this statement. Looking at the other side of the argument, strong points are brought up. For instance, Radhika Coomaraswamy, the SRSG for children and armed conflict stated her side of the argument: "If minor children who have committed serious war crimes are not prosecuted, this could be an incentive for their commanders to delegate to them the dirtiest orders, aiming at impunity. I brought up this argument in an earlier paragraph and have decided to mention once again as I think it is a very solid point.

Locally, child soldiers are uncommon. However, as we spread ourselves to other parts of the Middle East the use of child soldiers becomes evident. For instance, in Yemen, children as young as 13 and 14 are seen fighting in war. Yemeni law stipulates 18 as the minimum age of criminal responsibility. However, in this third world, war struck country, laws are rarely followed and as a result children younger than 18 are recruited by the army and also prosecuted. For example, Akram, a nine year old child who was used as a bomber, was prosecuted for the crimes he committed despite being 9 years younger that the current minimum age of criminal responsibility in Yemen. Furthermore, during the Iran-Iraq War of the 1980's, Iranian children who were used as soldiers would be sent out ahead in waves over minefields. Also, during Palestine's fight with Israel, children would often be used as soldiers from both sides.

Personally, I believe child soldiers should not be prosecuted for their crimes. I have developed this opinion after conducting research on this topic. I have discovered that child soldiers are often forced into fighting through false promises. They are also forced into fighting through drugs and alcohol. The drugs, often cocaine mixed with gun powder, brainwash the children to the point where they would rather not escape from the horror unraveling around them. I personally believe anyone who has to succumb to such horrors and atrocities should not be prosecuted for the crimes they committed. Furthermore, I consider child soldiers different from ordinary child criminals. Let me explain. child soldiers, as I have mentioned earlier, are abducted and then forced into murdering innocent human beings. They have no choice, if they don't fight their killed, if they fight they kill. Child criminals, on the other hand, are not forced into killing innocent civilians; they do it through a motive, often weak ones, such as killing someone for their money. Here I have just pointed a couple of strong differences between the two. In order to fully understand my reason for considering child soldiers different from child criminals let's take at an example. In 1999, Lionel Tate, a 12 year old boy, was convicted for murdering a 6 year old girl he was babysitting. Unlike child soldiers, Lionel Tate was not forced into murdering. I do think children such as Lionel should be prosecuted, whereas child soldiers who are forcibly recruited shouldn't be. I believe they should be taken to rehabilitation center in order for them to be reintegrated into society.

The main issue that develops from the idea of child soldiers is defining the minimal age of criminal responsibility. As mentioned earlier, child soldiers are generally considered children under the age of 18, however, despite this child soldiers younger than 18 are often prosecuted. International Criminal Court Article 26 prohibits the court from prosecuting anyone under the age of 18; however, in spite of this child soldiers are still trialed and jailed for their actions. For example, child soldiers such as Ishmael Beah from Sierra Leone and Emmaunuel Jal from Sudan were prosecuted and jailed, which really only strengthened the problems these children are facing. Emmanuel Jal was quoted saying: "I didn't have a life as child. In five years as a fighting boy, what was in my heart was to kill as many Muslims as possible." Children at this age should not have to succumb to such pain. Not only this, they were only 15 when they were prosecuted which means, the word of the law, they were still too young for prosecution.

Overall, I believe child soldiers should not be held responsible for their crimes. From the drugs to the alcohol, these children are placed under horrific circumstances which are preposterous. They kill to stay alive and those who try to escape are killed. Any child, any human, who has to live under such situations should not be convicted for their crimes.

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For years the use of children in both conflicts between states and civil wars has been evident. Children are forced by commanders through false promises, drugs and things which you can't even imagine, to kill innocent civilians, other children and even their own families.

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The New Humanitarian: prosecuting child soldiers for their crimes or not

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The New Humanitarian: prosecuting child soldiers for their crimes or not

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Units of Study

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JOHANNESBURG

International human rights law meanders between the vague and the hazy when it comes to its stance on the age of criminal responsibility and what, if any, punishments should be imposed on child soldiers guilty of war crimes.

The godfather of human rights laws, the Geneva Conventions, oblige all member states to act on grave breaches of human rights, but does not stipulate the age of criminal responsibility.

Related: Child soldiers

Robert Young, deputy permanent observer and legal adviser to the International Committee of the Red Cross (ICRC) based in New York, told IRIN international humanitarian law (IHL) remains "silent" on the age of responsibility for perpetrators of grave human rights abuses, such as wilful killing, torture and inhumane treatment.

International Criminal Court (ICC) Article 26 prevents the court from prosecuting anyone under the age of 18, but not because it believes children should be exempt from prosecution for international crimes, "but rather that the decision on whether to prosecute should be left to States," says the Office of the Special Representative of the Secretary-General (SRSG) for children and armed conflict ( Working Paper Number 3: Children and Justice During and in the Aftermath of Armed Conflict, September 2011). "[The] exclusion of children from the ICC jurisdiction avoided an argument between States on the minimum age for international crimes," it noted.

The age of criminal responsibility varies from country to country, from 7-16, but the bar is most commonly set at 14.

Although IHL does not set a minimum age for criminal responsibility for international crimes, it is argued that a yardstick has been laid down for some form of indemnity through IHL's recognition that recruitment of child soldiers under 15 was a war crime.

The Children and Justice During and in the Aftermath of Armed Conflict report says: "If a child under the age of 15 is considered too young to fight, then he or she must also be considered too young to be held criminally responsible for serious violations of IHL while associated with armed forces or armed groups."

"Children are often desired as recruits because they can be easily intimidated and indoctrinated. They lack the mental maturity and judgment to express consent or to fully understand the implications of their actions... and are pushed by their adult commanders into perpetrating atrocities," the report said.

That children should be held accountable for their crimes during conflicts was acknowledged by the report, but "more effective and appropriate methods, other than detention and prosecution are encouraged, enabling children to come to terms with their past and the acts they committed."

The report said child soldiers should not be prosecuted "simply for association with an armed group or for having participated in hostilities... There are instances where children are accused of crimes under national or international law and are prosecuted before a criminal court. Prosecution of a child should always be regarded as a measure of last resort and the purpose of any sentence should be to rehabilitate and reintegrate the child into society."

Victims and perpetrators

The International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) did not cite a minimum age for criminal responsibility, but no one under 18 appeared before the tribunals. The Statute of the Special Court for Sierra Leone (SCSL) provided the court with jurisdiction over any person above 15, but the court's prosecutor decided against indicting children for war crimes because of their dual status as both victims and perpetrators.

If minor children who have committed serious war crimes are not prosecuted, this could be an incentive for their commanders to delegate to them the dirtiest orders, aiming at impunity

It may appear a grey area easily resolved by providing indemnity for crimes committed by child soldiers under the age of 15, but Radhika Coomaraswamy, SRSG for children and armed conflict, noted - in a 2010 article for the International Journal of Children's Rights: The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict - Towards Universal Ratification- that such a provision could be perversely used.

"If minor children who have committed serious war crimes are not prosecuted, this could be an incentive for their commanders to delegate to them the dirtiest orders, aiming at impunity. For this reason the ICC and SCSL focus strongly on those persons most responsible for human rights and IHL violations and apply the concept of command responsibility to political and military leaders," Coomaraswamy said.

Command responsibility does not necessarily remove individual culpability for serious human rights violations by lower ranks or subordinates, but "rather it traces liability back up the chain of command," said legal adviser to the ICRC Young.

When child soldiers become adults

Dominic Ongwen was about 10 when he became a soldier with the Lord's Resistance Army in the 1980s.

The ICC issued an arrest warrant for him in October 2005 for crimes against humanity, including enslavement of children. However, jurisdiction by the court does not extend to crimes committed by people under 18, and before 2002 when the Rome Statute entered into force. The crimes cited are for when Ongwen was an adult.

"Ongwen is the first known person to be charged with the same war crimes of which he is also a victim," the Justice and Reconciliation Project, a Ugandan NGO concerned with transitional justice, said in a 2008 field note entitled Complicating Victims and Perpetrators in Uganda: On Dominic Ongwen.

"[Ongwen and other child soldiers] represent precisely the kind of complex political victims who, if excluded from justice pursuits, could give birth to the next generation of perpetrators in Uganda; generations marginalized by the judicial sector and who have nothing to gain from citizenship and nothing to lose from war," the field note observed.

The Lubanga case

Tomaso Falchetta, Child Soldiers International (CSI) legal and policy adviser, told IRIN child soldiers should be viewed as victims and the NGO opposed their prosecution, as emphasis should be on the criminal responsibility of the adult recruiters. CSI "does not advocate for a cut-off point [for the prosecution of child soldiers], as it is a difficult issue."

The first person to stand trial at the ICC for enlisting children under 15 was former Democratic Republic of Congo (DRC) warlord Thomas Lubanga. His trial at The Hague is nearing completion after he allegedly recruited underage children into the Patriotic Forces for the Liberation of the Congo (FPLC) during the conflict in Ituri, a district in the eastern DRC, between 2002 and 2003.

An international humanitarian law expert, who declined to be identified, told IRIN Lubanga's case was "tremendously important" as "it will make others pause and think... Every rebel leader must be aware of this case."

Falchetta said it was "difficult to provide an empirical judgement on that [Lubanga's ICC prosecution being a deterrent]", and rather that accountability needed to be enforced at the national state level to discourage the continued use of child soldiers.

The former DRC president, Laurent Kabila, said in 2000 the armed forces would demobilize all child soldiers but a year after he made the commitment, four DRC child soldiers aged 14-16 were granted clemency, after death sentences imposed by a military tribunal led to international condemnation from human rights organizations. A 14-year-old child soldier was reportedly executed the previous year.

Capital punishment for persons under 18 violates the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. The DRC is party to both international human rights treaties.

"The DRC laws may be there [the use of child soldiers is illegal], but when it comes to implementation, investigation and prosecution [of adult recruiters], we've seen little of that," Falcetta said.

The CSI said in an April 2011 report (entitled Report to the Committee on the Rights of the Child in Advance of the DRC initial report on the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict) that "hundreds of children remain in the ranks of the national armed forces (Forces Armées de la Republique Démocratique du Congo) despite legal and policy obligations to release them and government pledges to do so."

Prosecution of a child should always be regarded as a measure of last resort and the purpose of any sentence should be to rehabilitate and reintegrate the child into society

Laws of war

Matthew Happold of Hull University in the UK said in 2005 paper entitled The Age of Criminal Responsibility in International Criminal Law there were "good reasons" for regulating criminal responsibility of international crimes through international law as they were "often distinguished from crimes under national law because they transcend national boundaries and are of concern to the international community."

He said, in the paper presented at the Hague Academic Coalition's conference on international criminal responsibility, that from the perspective of a defendant, "it would seem wrong for an individual's liability under international law to depend upon the place of prosecution.... States are obliged to prosecute and punish offenders. Permitting States to decide their own age of criminal responsibility would allow them to determine the scope of their international obligations."

Child soldiers, like any other combatants are subjected to the Nuremburg principle that holds: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

ICC's Article 33 determines that acting on orders from superiors was not a defence of criminal responsibility but there are mitigating circumstances, and among them, is that a person may be relieved from prosecution if they did not know the order was unlawful.

However, the commission of "manifestly unlawful" crimes, such as genocide or crimes against humanity cannot be mitigated.

Young said the "so-called `defence of superior orders'... the [Nuremberg] principle that `I was just following orders' can no longer relieve any of us of criminal (and moral) responsibility for unconscionable acts we commit at the behest of others."

However, Rule 155 of Customary IHL, provided leeway, where "coercion and duress may provide exceptions... and one can quickly imagine how this principle might mitigate the responsibility of a child soldier who was forcibly recruited and forced, under threat of harm, to commit war crimes," ICRC adviser Young said.

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Should child soldiers be prosecuted for their crimes?

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JOHANNESBURG International human rights law meanders between the vague and the hazy when it comes to its stance on the age of criminal responsibility and what, if any, punishments should be imposed on child soldiers guilty of war crimes.

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Should child soldiers be prosecuted or not--both sides of the argument

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Should child soldiers be prosecuted or not--both sides of the argument

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Units of Study

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Should countries prosecute child soldiers for the crimes they committed during wartime? Should there be an international minimum age of criminal responsibility for war crimes and crimes against humanity?

All the Yes points:

1. Child soldiers are no different from child criminals. Child soldiers have been responsible for some...

2. Many children volunteer to become soldiers in wartime out of patriotism or a desire to avenge the de...

3. Prosecutions for war crimes and crimes against humanity take place in the specific context of a post...

4. Allowing child soldiers immunity from prosecution denies victims justice. If you are a victim of an...

5. Not prosecuting child soldiers may encourage commanders to use child soldiers to commit war crimes b...

All the No points:

Child soldiers are no different from child criminals. Child soldiers have been responsible for some...

Many children volunteer to become soldiers in wartime out of patriotism or a desire to avenge the de...

Prosecutions for war crimes and crimes against humanity take place in the specific context of a post...

Allowing child soldiers immunity from prosecution denies victims justice. If you are a victim of an...

Not prosecuting child soldiers may encourage commanders to use child soldiers to commit war crimes b...

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Child Soldiers Should Be Prosecuted - DebateWise

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Should countries prosecute child soldiers for the crimes they committed during wartime? Should there be an international minimum age of criminal responsibility for war crimes and crimes against humanity? Child soldiers are no different from child criminals. Child soldiers have been responsible for some...

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article about the thousands of children forced to serve-Units of Study

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10 min video interview with Ishmael about his experiences-Units of Study