Legal Responsibility of Child Soldiers in Africa

Introduction

The use of child soldiers is not a novel concept in the grand scope of history. In fact, the first recorded cases of children used in war date back to ancient Greece. These were known as ‘spartan boys’ and were exposed to high degrees of violence from childhood to acclimate them to the brutality of war. In more recent history, child soldiers were seen in World War I, the Spanish Civil War, and World War II, among others. As society began its attempts to minimize violence and direct warfare, the use of child soldiers in military efforts has received worldwide condemnation. Despite this, some countries, specifically those in Africa, continue using children in their armies even today. In 2005 there were roughly 300,000 children taking part in armed conflicts around the world, with nearly half a million serving in countries not at war (Brownell & Praetorius). Of the 300, 000, a staggering 120,000 child soldiers are used in African countries by the local warlords (Brownell & Praetorius). As an example, in Angola, a survey showed that 36% of all children participated in military action either as soldiers or accompanied troops into combat (Singer). To better address the human rights violations that child soldiers are subjected to without causing international incidents between countries, non-profit organizations such as the United Nations International Children’s Emergency Fund (UNICEF) were established. They work on establishing strategies to protect children from being forced into service and help demobilization efforts.

A child soldier is defined by UNICEF as a child of either gender that participates in any military or armed group in any capacity or position. Such activity can be regular or irregular and includes any number of jobs ranging from cook to the messenger (Brownell & Praetorius). UNICEF makes a point to take into account that those who are forcefully recruited, including for sexual services or forced marriages, are also included and counted as child soldiers. Any participation in military action exposes a child to excessive violence and affects their psychological and physiological development. An average child soldier experiences abduction, and loss of parents through violent deaths, displacement, poverty, and trauma, typically both mental and physical in nature (Brownell & Praetorius). This gives child soldiers special consideration in the eyes of the law in regard to trying them for the crimes they have committed while in the armed forces. Further work should be done to evaluate the full extent of how much responsibility should be carried by child soldiers for their actions and the crimes they commit.

Process of Recruitment

Among other reasons, children are picked to go into service because it is easy to mold them into perfect soldiers. The process begins at recruitment, which often includes abduction from their homes or school and forceful induction as a result of threats against their families (Brownell & Praetorius). Many children become orphans as a result of these recruitment tactics and receive life-long traumas from experience. Abductions are typically not random and are based on the need that a particular group has to fill. Children that fit that need are typically taken from secondary schools while they are away from their parents or other guardians that would get in the way of the abduction (Singer). Orphanages and crowded marketplaces are also common locations for abductions. Some communities are hit disproportionately harder than others in regard to the number of kidnapping victims that serve as child soldiers. Risk factors identified through literature are living in lower-income areas and conflict zones, living alone, belonging to a minority ethnic, racial, or religious group, and being under the protection of armed groups (Brownell & Praetorius). All of these factors place children into a position of isolation and vulnerability, which makes them easier targets for kidnapping.

Some children do choose to join armed groups voluntarily. These are typically orphans who lost their parents in military actions and think that their lives may be safer within the army. A large number of those who join voluntarily also come from impoverished homes, with parents either dead or unable to take care of them. Such children join the army in hopes of finding better survival odds for themselves and sometimes for their families. Some even believe the propaganda promoted by the army and other armed groups, which speak of the rewards soldiers get and the honorable, glamorous roles of protector and leader that they would be able to achieve if they joined.

Psycho-Social Effect on Child Development

Following the recruitment is the stage of training, which includes beatings and other forms of excessive violence. These methods serve to both expose the child to the sort of behaviors they will be witnessing and expected to commit on the battlefield and to forcefully create a sense of dependency in the child upon the organization (Singer). Furthermore, child soldiers undergo not only combat training but are also often used for domestic labor, with many being subjected to regular sexual assaults (Brownell & Praetorius). As a result, many former child soldiers develop post-traumatic stress disorder (PTSD), recurrent nightmares, depression, suicidal tendencies, and a leaning toward sexual violence. Children growing up surrounded by violence often express the same abusive behaviors that they were subjected to when they become adults (Brownell & Praetorius). Additionally, they have a harder time developing trust in relationships, which leads to difficulties in the formation of friendships and romantic attachments. It is undeniable that child soldiers suffer from a large number of emotional, psychological, and physiological traumas that inhibit their proper lives without proper treatment and reintegration.

The legality of Child Military Service

The recruitment and use of child soldiers into the military were officially declared illegal in June of 1999 by the International Labor Conference. In that conference, child military service was also added to the list of the worst forms of child labor. The Rome Statute of the International Criminal Court outlaws the recruitment of children under the age of 15 into the armed forces, as well as their use in any kind of military-related positions. Such actions are labeled as war crimes. The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict further states that “parties shall take all feasible measures to ensure that members of their armed forces under 18 years do not take a direct part in hostilities” and that individuals under 18 ought not to be recruited into the army unless they specifically volunteer. (Steinl). International society condemns the use of child soldiers, both legally and socially, and this often shows through courts siding with the child soldier in legal cases. While this is beneficial in protecting current and former child soldiers from being punished for crimes they had been ordered to commit, it also sets a dangerous precedent and removes accountability from such people. It is important to remember that while child soldiers typically suffer from terrible trauma, they should be held accountable for their actions on the same level as any other person, as the law should not make corrections for sympathy or pity.

Conclusion

Though the recruitment of child soldiers has been illegal since 1999, armed forces and military groups in African countries continue to use them. The acquisition of new recruits is often conducted through horrific means such as abduction and murder of family members, and child soldiers are frequently subjected to physical and sexual abuse throughout their training. As a result, they are more likely to develop mental health disorders and exhibit asocial tendencies as a result of their inability to reintegrate into society. This gives them certain leeway in regard to the responsibility they carry before the court in regard to their actions. However, such precedents may give poor examples for future individuals and court cases. Further research and study must be done in order to determine how much responsibility a child soldier should carry for the actions committed while in service and what level of punishment they would have to be subjected to, if any.

Works Cited

Brownell, Gracie, and Regina T. Praetorius. “Experiences of Former Child Soldiers in Africa: A Qualitative Interpretive Meta-Synthesis.” International Social Work, vol. 60, no. 2, Mar. 2017, pp. 452–469.

Singer, P. W. “Child Soldiers.” The new faces of war, dostęp 1 (2021).

Steinl, Leonie. “Child Soldiers as Agents of War and Peace.” A Restorative Transitional Justice Approach to Accountability for Crimes Under International Law. Berlim: Springer (2017).

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