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Military use of children

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  (Redirected from Child Soldiers)
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Image:Chinesechildsoldier.jpg
A Chinese Nationalist soldier, age 10, member of a Chinese division boarding planes in Burma bound for China, May 1944.
Image:GermanPOW19452.jpg
German prisoners of war in the streets of Berlin, May 1945.

The military use of children takes three distinct forms: children can take direct part in hostilities (child soldiers), or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in propaganda.

Throughout history and in many cultures, children have been extensively involved in military campaigns even when such practices were supposedly against cultural morals. Since the 1970s a number of international conventions have come into effect that try to limit the participation of children in armed conflicts, nevertheless the Coalition to Stop the Use of Child Soldiers reports that the use of children in military forces, and the active participation of children in armed conflicts is widespread.

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International law

International human rights law

The United Nations Convention on the Rights of the Child, Art. 38, (1989) proclaimed: "State parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities." The Optional protocol on the involvement of children in armed conflict to the Convention that came into force in 2002 stipulates that its State Parties "shall take all feasible measures to ensure that persons below the age of 18 do not take a direct part in hostilities and that they are not compulsorily recruited into their armed forces".[1] The Optional Protocol further obligates states to "take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices." (Art 4, Optional Protocol)[2] Likewise under the Optional Protocol states are required to demobilize children within their jurisdiction who have been recruited or used in hostilities, and to provide assistance for their physical and psychological recovery and social reintegration. (Art 6(3) Optional Protocol)[3]

Under Article 8.2.26 of the Rome Statute of the International Criminal Court (ICC), adopted in July 1998 and entered into force 1 July 2002, "Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities" is a war crime.[4]

On July 26, 2005, the United Nations Security Council unanimously passed UN Security Council Resolution 1612, the sixth in a series of resolutions about children and armed conflict.[5] Resolution 1612 established the first comprehensive monitoring and reporting system for enforcing compliance among those groups using child soldiers in armed conflict.[6]

International humanitarian law

Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which was adopted and signed in 2002, the use of anyone under the age of 18 in combat is illegal under international law. National armed forces are permitted to recruit individuals below the age of 18, but are strictly forbidden from deploying them into combat. Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose.

This prohibition traces its roots to the Additional Protocols to the Geneva Conventions of 12 August 1949, adopted in 1977, which had set the age at 15 years old. Following the civil wars of the 1990s, especially in Sierra Leone, it was recognized that the age of 18 was the most widely recognized dividing line between childhood and adulthood. The International Criminal Court embodied this principle in the Rome Statute by refusing jurisdiction over anyone who committed crimes under the age of 18 and David Crane, Chief Prosecutor in Sierra Leone, additionally refused to prosecute anyone who had committed crimes as a child soldier under the age of 18.

International labour law

Forced or compulsory recruitment of anyone under the age of 18 for use in armed conflict, is one of the predefined worst forms of child labour, deemed a form of slavery, in terms of the International Labour Organisation's Worst Forms of Child Labour Convention, 1999, adopted in 1999.

In terms of the Worst Forms of Child Labour Recommendation ratifying countries should ensure that forced or compulsory recruitment of children for use in armed conflict is a criminal offence, and also provide for other criminal, civil or administrative remedies to ensure the effective enforcement of such national legislation (Article III(12) to (14)).

Movement to stop military use of children

Red Hand Day on 12 February is an annual commemoration day to draw public attention to the practice of using children as soldiers in wars and armed conflicts.

Recently, a strong international movement has emerged to put an end to the practice. See, for example, Coalition to Stop the Use of Child Soldiers.

After the war, bringing children or former child soldiers into civil society is difficult, as they have received little education, are accustomed to the use of violence, and often the children have lost ties to their families.[dubious ]

Child soldiers in the world today

According to the website of Human Rights Watch as of July 2007:

In over twenty countries around the world, children are direct participants in war. Denied a childhood and often subjected to horrific violence, an estimated 200,000 to 300,000 children are serving as soldiers for both rebel groups and government forces in current armed conflicts.[7]

Under the terms of Protocol I of the Geneva Conventions, children over the age of fifteen who have volunteered can be used as spotters, observers, message-carriers. (see above International humanitarian law)

In cases where children have taken part in combat, recruiting parties have active measures to counter their reluctance, such as forcing child recruits to commit brutalities and to take drugs like marijuana, amphetamines and "brown-brown" that inhibit guilt and fear. Propaganda, revenge and fear of being left alone influence children to "voluntarily" stay in the army. Children have been both participants in and victims of atrocities.[citation needed]

Africa

The Capetown Principles and Best Practices, adopted by the NGO Working Group on the Convention on the Rights of the Child and UNICEF at a symposium on the prevention of recruitment of children into the armed forces and on demobilization and social regeneration of child soldiers in Africa in April 1997, proposed that African Governments should adopt and ratify the Optional protocol on the involvement of children in armed conflict raising the minimum age from 15 to 18, and that African Governments should ratify and implement other pertinent treaties and incorporate them into national law. The symposium define a child soldier as any person under age 18 who is "part of any kind of regular or irregular armed force or group in any capacity, including but not limited to cooks, porters, messengers and those accompanying such groups, other than purely as family members. The definition includes girls recruited for sexual purposes and for forced marriage. It does not, therefore, only refer to a child who is carrying or has carried arms."[8]

As of 2007, Africa has the largest number of child soldiers. In 2004 one estimate put the number of children involved in armed conflict including combat roles at 100,000.[9]

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