Child Soldiers

International Humanitarian Law April 2011

The Red Cross I’ve seen people get their hands cut off, a 10-year-old girl raped and then die, and so“ many men and women burned alive . . . so many times I just cried inside my heart and International because I didn’t dare cry out loud.” Humanitarian Law —A 14-year-old girl abducted in January 1999 by a rebel group in Sierra Leone The Red Cross and the Geneva Conventions were born when Henry Dunant witnessed the devastating I still dream about the boy from my village who I killed. I see him in my dreams, consequences of war at a battlefield and“ he is talking to me and saying I killed him for nothing. in Italy. In the aftermath of that battle, ­—A 16-year-old girl after demobilization from an” armed group in Central Africa Dunant argued successfully for the creation of a civilian relief corps to respond to human suffering during Overview refugees are particularly vulnerable to conflict, and for rules to set limits on In 2009, tens of thousands of children recruitment. Many children join armed how war is waged. were recruited or used by armed groups because of economic or social Inspired in part by her work in the groups in at least 18 countries around pressure, or because they believe that Civil War, Clara Barton would later the world. Child soldiers, or as aid the group they are joining will offer food found the American Red Cross and also advocate for the U.S. ratification organizations define them, “children or security. Others are forcibly recruited of the first Geneva Convention. associated with armed forces or armed or abducted by armed groups. groups,” perform a range of tasks, including combat functions (e.g., using International Law weapons, laying mines and explosives Children receive special protection and acting as guards), scouting under international humanitarian law or acting as couriers, training and (IHL) and international human rights conducting drills or other armed group law during armed conflict. During both preparations, carrying out logistics international and non-international and support functions (e.g., acting armed conflicts, children benefit from as porters, cooks and other forms of the general protection provided for domestic labor) and sexual slavery. civilians not taking part in hostilities.

Civilians must be protected from the Voeten/ICRC T.A. Why Children Become effects of military operations, allowed Involved in Armed Conflict to receive assistance and guaranteed Children are especially vulnerable humane treatment. Because children to military recruitment because they have particular vulnerabilities, the To Learn More may be easily manipulated and can third and fourth Geneva Conventions To learn more about international be drawn into violence when they are (GC III and GC IV) of 1949 and the humanitarian law, and find opportunities too young to resist or understand what Additional Protocols (APs) of 1977 to promote these rules through the free curriculum Exploring Humanitarian is happening. They are most likely provide children, even those who Law, visit www.redcross.org/ihl. Ask to become child soldiers if they are take direct part in the hostilities, with your local Red Cross chapter for more poor, separated from their families, special protections. The APs, the 1989 information about IHL classes. displaced from their homes, living in a Convention on the Rights of the Child combat zone or have limited access to (CRC) and its Optional Protocol on education. For this reason, orphans and the Involvement of Children in Armed

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Conflict also set limits on children’s At 12 years old, a person may be Children Participating participation in hostilities. subject to: not being included in in Hostilities the arrangement for children to be AP I relating to international armed Definition of Child identified by the wearing of identity conflicts obliges State parties to take all Pursuant to discs, or by some other means (GC IV, feasible measures to prevent children International Law art. 24). under 15 from taking direct part in In article 1 of the CRC, “a child means hostilities. It expressly prohibits their every human being below the age Children Not Participating recruitment into the armed forces and of eighteen years unless under the in Hostilities encourages State parties to give priority law applicable to the child, majority is In the event of an international armed in recruiting among those aged from attained earlier.” conflict, children not taking part in 15 to 18 to the oldest (art. 77). AP II hostilities are protected by GC IV and (relating to non-international armed The GCs and the APs have different AP I, pursuant to the general protection conflicts) goes further, prohibiting both age-limits for different protective of civilians. They are covered by the the recruitment and the participation measures for children. However, fundamental guarantees that these – direct or indirect – in hostilities by “children under 15 years” is the most treaties provide, in particular the right children under 15 years of age (art. 4(3) common age-limit. For example: to life, the prohibitions on coercion, (c)). At 18 years old, a person may be corporal punishment, torture, collective Notwithstanding the abovementioned subject to: compulsion to work in punishment and reprisals (GC IV, rules, children who take direct part occupied territory (GC IV, art. 51), art. 27-34, and AP I, art. 75) and by in international armed conflict are pronouncement of the death penalty the rules of AP I on the conduct of recognized as combatants and in the (GC IV, art. 68, and AP II, art. 6(4)), hostilities, including both the principle event of their capture are entitled to execution of the death penalty (AP I, that a distinction must be made prisoner of war status under GC III. art. 77(5)). between civilians and combatants The APs provide that child combatants and the prohibition on attacks against At 15 years old, a person may be under 15 years of age are entitled civilians (art. 48 and 51). In the event subject to: losing protective measures to privileged treatment in that they of non-international armed conflict, to ensure that orphans and children continue to benefit from the special children are also covered by the separated from their families are not protection accorded to children by IHL fundamental guarantees for persons left on their own (GC IV, art. 24); that (AP I, art. 77(3), and AP II, art. 4(3)(d)). not taking direct part in the hostilities they receive the same preferential (art. 3 common to all GCs, and AP II, art. treatment for aliens as for nationals International Criminal 4 and 13). (GC IV, art. 38(5)); losing preferential Court (ICC) measures in regard to food, medical Children are provided further special The International Criminal Court (ICC) care and protection, which may have protection under IHL (AP I, art. 77(1), was created based on a treaty adopted been adopted prior to occupation and AP II, art. 4(3)). In addition to in Rome, Italy, on July 17, 1993. The (GC IV, art. 50); losing the protective the special protections listed under Rome Statute, as it is known, came into measure that requires additional the abovementioned definition of force on July 1, 2002. It includes in its food for interned children be given in “child,” children are also given, among list of war crimes the conscription or proportion to their physiological needs other things, special consideration enlisting of children under the age of (GC IV, art. 89); and to losing protection with respect to arrest, detention or 15 years into the national armed forces from recruitment and participation in internment (GC IV, art. 51, 76, 82, 85, or using them to participate actively in hostilities (AP I, art. 77(2), and AP II, art. 89, 94, 119, 132, AP I, art. 77(3), 77(4), hostilities during an international armed 4(3)(c). and AP II, art. 4(3)(d)). conflict or an armed conflict not

www.redcross.org/ihl 2 Child Soldiers International Humanitarian Law April 2011 of an international character (art. 8(2) laid down by AP II. The United States Sources: (b)(xxvi)) and (art. 8(2)(e)(viii)). The signed the CRC on February 16, 1995, ICRC, “Legal Protection of Children in ICC does not have jurisdiction over any but has not yet ratified it. Armed Conflict” fact sheet (2003). person who was under the age of 18 at the time of the alleged commission of Optional Protocol to Jean-Marie Henckaerts and Louise a crime (art. 26). The United States is the Convention on the Doswald-Beck, Customary International not a State Party to the Rome Statute Rights of the Child Humanitarian Law (Cambridge of the ICC. The Optional Protocol on the University Press: 2005). involvement of children in armed Thomas Lubanga Dyilo, the first person conflict was adopted on May 25, 2000. to be tried by the ICC, is charged with For States party to this treaty it states, i) enlisting and conscripting children among other things, that: under the age of 15 years into the Forces patriotiques pour la libération • States shall take all feasible du Congo [Patriotic Forces for the measures to ensure that members Liberation of Congo] (FPLC) and using of their armed forces who have not them to participate actively in hostilities attained the age of 18 years do not in the context of an international armed take a direct part in hostilities conflict from early September 2002 (art. 1); to June 2, 2003, and ii) enlisting and • Compulsory recruitment into the conscripting children under the age of armed forces of persons under 18 15 years into the FPLC and using them years of age is prohibited (art. 2); to participate actively in hostilities in the context of an armed conflict not of • States shall raise the minimum age an international character from June 2, for voluntary recruitment from 15 2003 to August 13, 2003. years. This rule does not apply to military academies (art. 3); For more information about the ICC, please refer to the American Red Cross • Armed groups distinct from the fact sheet on the ICC, located at national armed forces should not, www.redcross.org/ihl. under any circumstances, recruit (whether on a compulsory or Convention on the Rights voluntary basis) or use in hostilities of the Child (CRC) persons under the age of 18 years, The CRC, which came into force on and the States must take legal September 2, 1990, covers all the measures to prohibit and criminalize fundamental rights of the child. Under such practices (art. 4). article 38 of the CRC, States party For more in-depth information to this treaty shall take all feasible regarding child soldiers, please consult measures to ensure that persons under Module 2 of the American Red Cross the age of 15 years do not take a direct Exploring Humanitarian Law curriculum: part in hostilities (para. 2), and that www.redcross.org/ehl. priority be given in recruitment to the oldest of those aged between 15 and 18 (para. 3). It thus falls short of the ban on direct or indirect participation www.redcross.org/ihl 3