Child Soldiers – A Short Legal Survey
The concept of "child soldier" – involvement of children (recruiting or otherwise) in the violence and brutality of armed conflicts – for most adults who are investigating the matter is negligible. This is underlined by the fact that there are many international conventions and other mechanisms that maintain the practice and create an international framework for combating it.
Who are child soldiers? The United Nations Convention on the Rights of the Child (below) defines the child as a person below the age of eighteen. At the same time, limiting the admission of the armed forces of the State party to the Convention and requiring States Parties to "take all possible measures to ensure that" children "do not directly engage in hostilities" use the age of fifteen (p. article).
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (see below) uses the age of eighteen to condemn the recruitment of children or their use in armed groups is different from the armed forces of the state (Article 4) .
The Rome Statute of the International Criminal Court (see below) includes a criminal offense concerning the recruitment or admission of children within the definition of "war crimes" or the national armed forces or the armed group (Article 8 (2) (b) xxvi) and Article 8 (2) (e) (vii)). For this purpose, the child is under the age of fifteen.
Where do you use child soldiers? Child soldiers are in both governmental armed forces and armed groups opposing the central government of their countries. In 1998, a number of groups, including Amnesty International and Human Rights Watch, launched a campaign to end the use of Child Soldiers, reporting that most of the children under the age of 18 are involved in armed groups.
According to the coalition, Africa has the largest number of child soldiers. Children are used in armed conflicts in countries such as Burundi, Central African Republic, Chad, Democratic Republic of Congo, Somalia and Sudan. In addition, child soldiers were reported in various Asian countries, such as Myanmar and Indonesia, the Middle East and Latin America.
As the Coalition has set up a campaign to ban and recruit military personnel for the age of 18, its website notes that the United States and other Western countries such as Austria, Australia, France, Germany, the United Kingdom and Canada, are countries that employ children (ie under 18) in their armies.
How are child soldiers used? The public around the child soldiers focused mostly on the use of armed groups and governmental armed forces in non-western countries. Such publicity makes it clear that the children are using soldiers in these countries to fight and kill directly in the fight. They can also be used to acquire and destroy assets; laying mines and explosives; espionage, espionage, and bait. It seems that girls are used for sexual purposes and household tasks and for these purposes.
Important International Conventions: The United Nations Convention on the Rights of the Child entered into force in September 1990. As noted above, Article 38 of the Convention deals with the issue of children in a country with "armed forces and hostilities in general." Paragraph 4 stipulates that "States Parties shall take all possible measures to protect and care for children affected by armed conflict
The Optional Protocol to the Convention on the Participation of Children in Armed Conflict entered into force in 2002. It requires States Parties to "take all possible measures to ensure that armed forces are under 18" do not take a direct part hostilities "(Article 1) and require that children under the age of majority should not be compulsory (Article 2) (Voluntary inclusion of children between the ages of 15 and 18 for state armed forces does not prohibit the Convention or the Protocol).  The Optional Protocol 3. ci stipulates that States Parties which are under 18 years of age must have certain safeguards on voluntary recruitment (including information on the parents or legal guardians of the child). States Parties shall "take all possible measures" to prevent the recruitment and use of armed groups of children under the age of 18, including the adoption of legal measures necessary to prohibit such practices and to declare a criminal offense.
Convention No. 182 of the International Labor Organization entered into force in November 2000 for the Convention on the Prohibition and Immediate Action of the Worst Forms of Child Labor. The Convention defines the child as a child under the age of 18. The ratifying States should take urgent measures to prohibit and eliminate the worst forms of child labor, including 'recruitment of forced or compulsive children for use in armed forces'.
Implementation: Pursuant to Article 43 of the Convention on the Rights of the Child, the Panel of Independent Experts, the Committee on the Rights of the Child, was established. The Committee monitors the implementation of the Convention and the Optional Protocol on the participation of children in armed conflicts. States Parties should submit regular reports to the Committee.
The Special Court of Sierra Leone (established by the United Nations and the Government of Sierra Leone in 2002) referred to an international court for a criminal offense concerning the recruitment and use of child soldiers.
The Rome Statute of the International Criminal Court (ICC) entered into force on 1 July 2002. The first trial before the ICC, which began after long delays, is devoted to war crimes on 26 January 2009, and child soldiers under the age of 15 have been set up and actively involved in armed conflicts. This trial, which has been described as an outstanding event in the development of international law, must pay particular attention to the issue of child soldiers.
Source by sbobet th