Youth at War: The Impact and Effectiveness of International Laws against Child Soldier Recruitment

Abstract

This mini-thesis evaluates how far international law has succeeded in preventing the recruitment of child soldiers. Although numerous treaties, conventions and protocols within international humanitarian, human rights and international criminal law prohibit the practice, the recruitment of children into armed groups and forces remain widespread and consistent. This mini-thesis follows the legal developments from the Geneva Conventions to the United Nations Convention on the Rights of the Child (UNCRC), the Rome Statute of the International Criminal Court (ICC) and the Optional Protocol to the UNCRC, identifying both significant progress as well as ongoing weaknesses. It considers the push factors that drive recruitment, such as poverty, displacement, the lack of education and the impact of war, together with pull factors like promises of safety, access to basic needs, ideological influence and perceived opportunity. An analysis of landmark cases from the Special Court of Sierra Leone and the ICC reveals how these legal standards have been interpreted and enforced. While there has been significant progress, several factors including weak enforcement of laws, limited accountability and permitting children aged 15 to 18 to enlist voluntarily, continues to contribute to inadequate protections. This mini-thesis concludes by recommending measures to close these gaps and to promote a universal and unequivocal straight 18 standard that would provide full and adequate protection for children against recruitment in armed conflict.