Editorial introduction – International law on children and armed conflict: the interface between various normative frameworks

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Authors: W. Vandenhole, S. Parmentier, I. Derluyn

Volume 5 - p. 2

Protecting children during armed conflict: international humanitarian law

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Authors: S. Vité

Volume 5 - p. 14

Inhoud: Children affected by armed conflicts enjoy both general and special protection under international humanitarian law. Like other categories of protected persons, they are entitled to humane treatment without any adverse distinction when in the hands... of a party to the conflict. As civilians, they are also protected against the consequences of hostilities, unless and for such time as they take a direct part in hostilities. Because of their particular vulnerability, children are also entitled to special respect and protection and must be given suitable care and assistance. Certain rules of international humanitarian law, applying both in international and non-international armed conflicts, address the specific needs of children. These rules cover a variety of issues, such as recruitment for and participation in hostilities, family unity, the deprivation of liberty, humanitarian care and assistance, and education.hide

International children’s rights and armed conflict

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Authors: K. Hanson

Volume 5 - p. 40

Inhoud: The article discusses human rights norms pertaining to children in the context of armed conflict, as well as insights into the diversity and complexity of local realities of war and violent political struggles derived from childhood anthropology. I...t gives an overview of relevant human rights law and provides a legal analysis of selected provisions, in particular Article 38 of the Convention on the Rights of the Child (CRC) and the Optional Protocol on the involvement of children in armed conflict (OPAC). The influence of humanitarian groups in shaping the international legal treaties that seek to ban the use of child soldiers is thereby highlighted, as well as the central role of age limitations in recruitment and participation in hostilities. Prevailing interpretations of international human rights law assume that persons younger than 18 are unable, by definition, to exercise agency. This view is confronted with results from empirical studies in anthropology that draw attention to the agency of young people during armed conflict. Dominant interpretations of international human rights law, by ignoring children’s agency that lies at the very core of the human rights framework, risk overlooking the lived realities of young people participating in and affected by armed conflict.hide

Does the ILO have a distinctive role in the international legal protection of child soldiers?

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Authors: H. Cullen

Volume 5 - p. 63

Inhoud: International Labour Organization (ILO) Convention No. 182 on the worst forms of child labour includes a prohibition on the forced or compulsory recruitment of child soldiers. The ILO’s prohibition is wider in scope than some other international la...w rules relating to child soldiers in that it covers all those under 18 years of age and does not require proof of the existence of an armed conflict, whether international or internal. The ILO has made a distinctive contribution to the role of international law in the rehabilitation of former child soldiers through its emphasis, particularly in the context of technical assistance, on economic reintegration. However, ILO supervisory mechanisms are weak compared with those in international human rights law, and the ILO has shown little effectiveness in ensuring the implementation of its ban on child soldiers in countries experiencing armed conflict.hide

Children participating in armed conflict and international criminal law

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Authors: M. Happold

Volume 5 - p. 82

Inhoud: This article discusses the international criminal law concerning the recruitment and use of children to participate in armed conflict. It examines the origins of the law, analyses its provisions and criticises its conformity, as applied, with princ...iples of international criminal justice. The extent to which international criminal law is likely to play a significant role in ending the child soldier phenomenon is questioned.hide

From standard-setting to implementation: the Security Council’s thematic focus on children and armed conflict

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Authors: B. V. Nylund

Volume 5 - p. 101

Inhoud: This paper provides an overview of the Security Council’s focus on children and armed conflict and how the mechanism established under the auspices of the Security Council has provided an avenue for the more effective implementation of internationa...l standards relevant to children. On the one hand, the paper is specifically focused on the work of the Security Council Working Group on children and armed conflict, and its conclusions, and how these have pushed the implementation of relevant international instruments. On the other, the paper looks at the implementation of this mechanism in the field and the development of action plans with armed groups and forces that recruit and use children. The paper concludes that while there has been much progress for children who have been recruited and used by armed forces and groups, much more could be done to make the most of this mechanism. For instance, information gleaned through the Security Council mechanism could be used to inform various transitional justice mechanisms such as the ICC. The narrow scope of child recruitment has provided a useful entry point, but the time has come to take the agenda to the next level.hide