The International Criminal Responsibility of Child Soldiers

Posted on Posted in Human Rights, Uncategorized

Child soldiers are led to commit international crimes, which are not without judicial consequence. Those who commit international crimes must be sentenced, but what of the guilt of child soldiers under international criminal law?

ONU - ES.AFP: Jose CENDON
Many children are the victims of armed conflicts, not only as civilians but also as soldiers. Given the growing number of children involved in armed conflicts, judicial norms have been established in order to protect them and limit their participation. Despite these efforts, existing legislation does not clearly limit the recognition of the guilt of child soldiers.

When children become soldiers, whether by their own volition or not, they are often mistreated by those that enlisted them. They are regularly attacked and drugged with the aim of inhibiting their ability to fully comprehend their actions when committing a crime. What is more, the international criminal age of responsibility has not been clearly defined, which leaves a margin for interpretation for countries and courts. However, the Declaration of the Rights of the Child of 1959 recognises the lack of maturity and personal development of children globally.

Thus, courts operate in a gray area when carrying out their duties and determining who is guilty of international crimes. Predictably, huge differences exist. For example, the International Criminal Court (ICC) does not have the jurisdiction to try children. The statute for the Special Court of Sierra Leone (formed to try crimes committed during the “diamond war”), however, does grant it jurisdiction to try children between the ages of 15 and 18 years at the time of the crime. These two examples highlight the differences in a child soldier’s legal responsibility after committing crimes against international law: it depends on the court.

Despite the means deployed around the world aimed at eradicating the phenomenon of child soldiers, there is still a long way to go.