Reimagining Child Soldiers in International Law and Policy


Book Description

Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.




Reimagining Child Soldiers in International Law and Policy


Book Description

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.




Child soldiers in international law


Book Description

Now available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue. Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts. This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.




Child Soldiers


Book Description

Traces the experiences of child soldiers in Sierra Leone during and after war and examines the implications of their participation.




Children and the Responsibility to Protect


Book Description

In this volume, which is a spin-off of the special issue of the journal Global Responsibility to Protect (vol.10/1-2, 2018), eighteen academics and practitioners examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection.




Beyond War


Book Description

A groundbreaking look at America’s role in the Middle East—from the Pulitzer Prize–winning author of A Rope and a Prayer Distilling eleven years of expert reporting for the New York Times, Reuters, and the Atlantic, two-time Pulitzer Prize winner David Rohde presents an incisive look at the calamitous privatization of the war on terror. Beyond War is a clarion call for change in American policies and attitudes toward a rapidly changing Middle East. Rohde argues that using lethal force is necessary at times, but economic growth and Muslim moderates —not American soldiers—will eradicate militancy in the long term. Vast mistakes have been made, but it is not too late. By scaling back our ambitions, focusing on economics and working with Muslim moderates, we will achieve more.




Research Handbook on Child Soldiers


Book Description

Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.




International Law and Child Soldiers


Book Description

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.




The Child and the World


Book Description

However unthinkable child-soldiers may be within a generalized conception of childhood, they are not imaginary figures; rather, they are a constant in almost every armed conflict around the world. The participation of children in wars may question the idea of childhood as a "once-upon-a-time story with a happy and predictable ending," disrupting the (natural) idea of a protected and innocent childhood and also eliciting fear, uncertainty, revulsion, horror, and sorrow. Using the perspectives of both childhood studies and critical approaches to international relations, Jana Tabak explores the constructions of child-soldiers as "children at risk" and, at the same time, risky children. More specifically, The Child and the World aims both to problematize the boundaries that articulate child-soldiers as necessarily deviant and pathological in relation to "normal" children and to show how these specific limits participate in the (re)production and promotion of a particular version of the international political order. In this sense, the focus of this work is not on investigating child-soldiers' lives and experiences per se but on their presumed threatening feature as they depart from the protected territory of childhood, disquieting everyday international life.




International Law Concerning Child Civilians in Armed Conflict


Book Description

Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.