Does international law protect children against recruitment into armed forces? : the case of Africa.
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Date
2010
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Abstract
The involvement of children in conflict is not a recent phenomenon. The military use of
children dates back to ancient times. The change of warfare and the advocating of the
protection of children's rights within the global discourse context have taken the
discourse on child and youth involvement in conflict out of the political and military
context and placed it into one circumscribed by legal and moral concern. Since the late
1970s, a number of international instruments have been promulgated to limit the
recruitment of child soldiers, but even though the numbers of children being recruited
into armed forces have decreased, children continue to be deployed into armed forces,
particularly in Africa. 'Loopholes', vagueness and inconsistencies in the treaties and the
strengths and weaknesses of the enforcement and monitoring mechanisms have created
legal uncertainty which have ultimately resulted in further injustice for the child.
However, legal uncertainty is not per se the cause of recruitment continuing; the cause
being more complex. Researches and treaties have failed to address the obstacles to the
implementation of the relevant international law. The issue(s) of culture and child crossborder
recruitment have served as obstacles to an effective protection of children against
recruitment by international law.
Description
Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2010.
Keywords
Children (International law), Child soldiers--Legal status, laws, etc., Child soldiers--Legal status, laws, etc.--Africa., Children and war., Theses--Law.