Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation

Maria Stefania Cataleta

doi:doi:10.11648/j.ijsts.20241201.13

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Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation

Maria Stefania Cataleta

Published in International Journal of Science, Technology and Society (Volume 12, Issue 1)

Received: 18 October 2023 Accepted: 8 November 2023 Published: 11 January 2024

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Abstract

The enrollment of children to use as soldiers is a widespread phenomenon. Africa is the most involved continent of the child-soldiers problem, with more than 100 thousand minors that are being used in wars between different States, even if the biggest army composed of children is present in Myanmar. This issue was faced for the first time in 1977 with the Additional Protocols to the Geneva Convention of 1949, relating to the protection of victims in international armed conflicts. The International Convention on the Rights of Child of 1989 provides that States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In 1996, the report, titled "The impact of armed conflicts on children", has become an official document of the UN. After that, the UN Resolution n. 1261 of 1999 has formally put the problem of children involved in military operations on the agenda of the Security Council because it is a matter concerning the maintenance of peace and international security. But only in 2002, the Optional Protocol to the International Convention on Children's rights has been enacted in relation to the use of children in armed conflicts. It prohibits the use of children and adolescents under 18 in any hostility and requests to the States to bring to eighteen years the age limit for enrollment or direct involvement in conflicts, raising the age for voluntary enrollment above 15 years old like it is today. Also the UN Resolution n. 1612 of 2005 ordered a monitoring and communication activity to the Security Council on the use of child-soldiers and on other abuses inflicted on minors in times of war. Furthermore, article 8 of the Statute of the International Criminal Court includes among war crimes, the conscription and the enrollment of children under 15 years old in armed forces and their active participation in hostilities. Moreover, notwithstanding all these important initiatives, today the legal protection of children involved in armed conflicts remain still fragile and ineffective.

Published in	International Journal of Science, Technology and Society (Volume 12, Issue 1)
DOI	10.11648/j.ijsts.20241201.13
Page(s)	29-34
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Child-Soldiers, Convention on the Rights of Child, Optional Protocol, Additional Protocol I, Additional Protocol II

References

[1]	This definition wad adopted, in 1997, at the Conference organized by the UNICEF at Cape Town on the prevention, demobilization and social reintegration of child-soldiers.
[2]	Maria Stefania Cataleta, "The phenomenon of child-soldiers", Focus on Africa (2021), www.focusonafrica.info.
[3]	International Committee of the Red Cross databases on international humanitarian law, available fromr: https://ihl-database.icrc.org (accessed 07 June 2020).
[4]	Michael Goodhart, "Human Rights: Politics and Practice" (2016) Human Rights: Politics and Practice.
[5]	Cristina Gervasoni, "Lo sfruttamento militare dell'infanzia" (2008) DEF-Deportate, esuli, profighe.
[6]	Giuseppe Carrisi, Kalami va alla guerra (Ancora 2006).
[7]	Maria Stefania Cataleta, "The Prohibition of Prosecution of Child Soldiers: a Desirable Emerging Rule of Customary International Law" (2023) Cinese Journal of International Law.
[8]	Adrian M. Plevin, "Chapter 4-1 Children's Rights: Advocacy and International Agenda Setting" (2018) Springer Science and Business Media LLC; www.hrw.org.
[9]	Mónica Feria Tinta, "The Landmark Ruling of the Inter-American Court of Human Rights on the Rights of the Child" (2008) Brill.
[10]	Pilar Villanueva Sainz-Pardo, "Is Child Recrutment as a War Crime Part of Customary International Law?" (2008) The International Journal of Human Rights.
[11]	Geraldine van Bueren, "The International Law on the Rights of the Child" (Brill 1995).
[12]	Additional Protocol I to the Geneva Conventions of 1949.
[13]	Additional Protocol II to the Geneva Conventions of 1949.
[14]	Convention on the Rights of the Child of 1989.
[15]	Edoardo Greppi, I crimini dell'individuo nel diritto internazionale (Utet 2014).
[16]	Claire Breen, "When is a child not a child? Child soldiers in international law" (2007) Human Rights Review.
[17]	Alison Bisset, "Blackstone's International Human Rights Documents" (2023) Blackstone's International Human Rights Documents.
[18]	Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict ('the Optional Protocol') of 2000.
[19]	Matthew Happold, "The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict" (2009) Yearbook of International Humanitarian Law.

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APA Style

Cataleta, M. S. (2024). Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. International Journal of Science, Technology and Society, 12(1), 29-34. https://doi.org/10.11648/j.ijsts.20241201.13

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Cataleta, M. S. Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. Int. J. Sci. Technol. Soc. 2024, 12(1), 29-34. doi: 10.11648/j.ijsts.20241201.13

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AMA Style

Cataleta MS. Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. Int J Sci Technol Soc. 2024;12(1):29-34. doi: 10.11648/j.ijsts.20241201.13

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@article{10.11648/j.ijsts.20241201.13,
  author = {Maria Stefania Cataleta},
  title = {Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation},
  journal = {International Journal of Science, Technology and Society},
  volume = {12},
  number = {1},
  pages = {29-34},
  doi = {10.11648/j.ijsts.20241201.13},
  url = {https://doi.org/10.11648/j.ijsts.20241201.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20241201.13},
  abstract = {The enrollment of children to use as soldiers is a widespread phenomenon. Africa is the most involved continent of the child-soldiers problem, with more than 100 thousand minors that are being used in wars between different States, even if the biggest army composed of children is present in Myanmar. This issue was faced for the first time in 1977 with the Additional Protocols to the Geneva Convention of 1949, relating to the protection of victims in international armed conflicts. The International Convention on the Rights of Child of 1989 provides that States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In 1996, the report, titled "The impact of armed conflicts on children", has become an official document of the UN. After that, the UN Resolution n. 1261 of 1999 has formally put the problem of children involved in military operations on the agenda of the Security Council because it is a matter concerning the maintenance of peace and international security. But only in 2002, the Optional Protocol to the International Convention on Children's rights has been enacted in relation to the use of children in armed conflicts. It prohibits the use of children and adolescents under 18 in any hostility and requests to the States to bring to eighteen years the age limit for enrollment or direct involvement in conflicts, raising the age for voluntary enrollment above 15 years old like it is today. Also the UN Resolution n. 1612 of 2005 ordered a monitoring and communication activity to the Security Council on the use of child-soldiers and on other abuses inflicted on minors in times of war. Furthermore, article 8 of the Statute of the International Criminal Court includes among war crimes, the conscription and the enrollment of children under 15 years old in armed forces and their active participation in hostilities. Moreover, notwithstanding all these important initiatives, today the legal protection of children involved in armed conflicts remain still fragile and ineffective.
},
 year = {2024}
}

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TY  - JOUR
T1  - Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation
AU  - Maria Stefania Cataleta
Y1  - 2024/01/11
PY  - 2024
N1  - https://doi.org/10.11648/j.ijsts.20241201.13
DO  - 10.11648/j.ijsts.20241201.13
T2  - International Journal of Science, Technology and Society
JF  - International Journal of Science, Technology and Society
JO  - International Journal of Science, Technology and Society
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PB  - Science Publishing Group
SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20241201.13
AB  - The enrollment of children to use as soldiers is a widespread phenomenon. Africa is the most involved continent of the child-soldiers problem, with more than 100 thousand minors that are being used in wars between different States, even if the biggest army composed of children is present in Myanmar. This issue was faced for the first time in 1977 with the Additional Protocols to the Geneva Convention of 1949, relating to the protection of victims in international armed conflicts. The International Convention on the Rights of Child of 1989 provides that States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In 1996, the report, titled "The impact of armed conflicts on children", has become an official document of the UN. After that, the UN Resolution n. 1261 of 1999 has formally put the problem of children involved in military operations on the agenda of the Security Council because it is a matter concerning the maintenance of peace and international security. But only in 2002, the Optional Protocol to the International Convention on Children's rights has been enacted in relation to the use of children in armed conflicts. It prohibits the use of children and adolescents under 18 in any hostility and requests to the States to bring to eighteen years the age limit for enrollment or direct involvement in conflicts, raising the age for voluntary enrollment above 15 years old like it is today. Also the UN Resolution n. 1612 of 2005 ordered a monitoring and communication activity to the Security Council on the use of child-soldiers and on other abuses inflicted on minors in times of war. Furthermore, article 8 of the Statute of the International Criminal Court includes among war crimes, the conscription and the enrollment of children under 15 years old in armed forces and their active participation in hostilities. Moreover, notwithstanding all these important initiatives, today the legal protection of children involved in armed conflicts remain still fragile and ineffective.

VL  - 12
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ER  -

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Author Information

Maria Stefania Cataleta

Department of Law, Lumsa University, Rome, Italy; LADIE-Laboratoire de Droit International et Européen, Côte d'Azur University, Nice, France

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APA Style

Cataleta, M. S. (2024). Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. International Journal of Science, Technology and Society, 12(1), 29-34. https://doi.org/10.11648/j.ijsts.20241201.13

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ACS Style

Cataleta, M. S. Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. Int. J. Sci. Technol. Soc. 2024, 12(1), 29-34. doi: 10.11648/j.ijsts.20241201.13

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AMA Style

Cataleta MS. Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation. Int J Sci Technol Soc. 2024;12(1):29-34. doi: 10.11648/j.ijsts.20241201.13

Copy | Download

@article{10.11648/j.ijsts.20241201.13,
  author = {Maria Stefania Cataleta},
  title = {Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation},
  journal = {International Journal of Science, Technology and Society},
  volume = {12},
  number = {1},
  pages = {29-34},
  doi = {10.11648/j.ijsts.20241201.13},
  url = {https://doi.org/10.11648/j.ijsts.20241201.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20241201.13},
  abstract = {The enrollment of children to use as soldiers is a widespread phenomenon. Africa is the most involved continent of the child-soldiers problem, with more than 100 thousand minors that are being used in wars between different States, even if the biggest army composed of children is present in Myanmar. This issue was faced for the first time in 1977 with the Additional Protocols to the Geneva Convention of 1949, relating to the protection of victims in international armed conflicts. The International Convention on the Rights of Child of 1989 provides that States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In 1996, the report, titled "The impact of armed conflicts on children", has become an official document of the UN. After that, the UN Resolution n. 1261 of 1999 has formally put the problem of children involved in military operations on the agenda of the Security Council because it is a matter concerning the maintenance of peace and international security. But only in 2002, the Optional Protocol to the International Convention on Children's rights has been enacted in relation to the use of children in armed conflicts. It prohibits the use of children and adolescents under 18 in any hostility and requests to the States to bring to eighteen years the age limit for enrollment or direct involvement in conflicts, raising the age for voluntary enrollment above 15 years old like it is today. Also the UN Resolution n. 1612 of 2005 ordered a monitoring and communication activity to the Security Council on the use of child-soldiers and on other abuses inflicted on minors in times of war. Furthermore, article 8 of the Statute of the International Criminal Court includes among war crimes, the conscription and the enrollment of children under 15 years old in armed forces and their active participation in hostilities. Moreover, notwithstanding all these important initiatives, today the legal protection of children involved in armed conflicts remain still fragile and ineffective.
},
 year = {2024}
}

Copy | Download

TY  - JOUR
T1  - Child-Soldiers: Causes, Extension of the Problem and the Fragility of International Legislation
AU  - Maria Stefania Cataleta
Y1  - 2024/01/11
PY  - 2024
N1  - https://doi.org/10.11648/j.ijsts.20241201.13
DO  - 10.11648/j.ijsts.20241201.13
T2  - International Journal of Science, Technology and Society
JF  - International Journal of Science, Technology and Society
JO  - International Journal of Science, Technology and Society
SP  - 29
EP  - 34
PB  - Science Publishing Group
SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20241201.13
AB  - The enrollment of children to use as soldiers is a widespread phenomenon. Africa is the most involved continent of the child-soldiers problem, with more than 100 thousand minors that are being used in wars between different States, even if the biggest army composed of children is present in Myanmar. This issue was faced for the first time in 1977 with the Additional Protocols to the Geneva Convention of 1949, relating to the protection of victims in international armed conflicts. The International Convention on the Rights of Child of 1989 provides that States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In 1996, the report, titled "The impact of armed conflicts on children", has become an official document of the UN. After that, the UN Resolution n. 1261 of 1999 has formally put the problem of children involved in military operations on the agenda of the Security Council because it is a matter concerning the maintenance of peace and international security. But only in 2002, the Optional Protocol to the International Convention on Children's rights has been enacted in relation to the use of children in armed conflicts. It prohibits the use of children and adolescents under 18 in any hostility and requests to the States to bring to eighteen years the age limit for enrollment or direct involvement in conflicts, raising the age for voluntary enrollment above 15 years old like it is today. Also the UN Resolution n. 1612 of 2005 ordered a monitoring and communication activity to the Security Council on the use of child-soldiers and on other abuses inflicted on minors in times of war. Furthermore, article 8 of the Statute of the International Criminal Court includes among war crimes, the conscription and the enrollment of children under 15 years old in armed forces and their active participation in hostilities. Moreover, notwithstanding all these important initiatives, today the legal protection of children involved in armed conflicts remain still fragile and ineffective.

VL  - 12
IS  - 1
ER  -

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