An Appraisal of the Use of Child Soldiers as a War Crime Under International Humanitarian Law

Abstract

International humanitarian law provides comprehensive protection for children. In the event of armed conflict, whether international or non-international armed conflict, children benefit from the general protection provided for civilians not taking part in the hostilities. However, the 21st century pattern of armed conflict has questioned the ability of the International Humanitarian Law to adapt itself and regulate human conduct in the circumstances of modern warfare. This paper identified the use of child soldiers as a major occurrence in contemporary armed conflicts. The paper focused on the fact that in contemporary armed conflict, thousands of girls and boys find themselves fighting adult wars. Some are used as combatants and take direct part in hostilities while others are used in supportive roles and tasks that vary, from cooks and spies, to messengers and even sex slaves. Moreover, the use of children for acts of terror, including suicide bombings, has also emerged as a phenomenon of modern warfare. The paper concluded that notwithstanding the legal prohibition on the involvement of children in armed conflict, the recruitment and use of children by armed forces or armed groups during armed conflict has continued to be on the increase especially in the 21st century armed conflict. It recommended therefore amongst others that state should by all means ensure the implementation of the rules of IHL and proper punishment in any event of violation of the rules of war.