Child Soldiers – Who Protects Them? Who Sets the Standard? Where Does the Responsibility Lay?

 
Children, many from lesser developed countries are recruited into conflicts ranging from civil wars, mass atrocities and murder, as well as attacks against other foreign countries. These children are typically drug into conflict by force, and often serve as pawns and fodder for the warlords drafting them. These efforts have drawn the attention of various nations, as well as the United Nations. This piece is a primer that will aid those interested in learning more about this problem and what’s being done about it. It will provide some fundamental answers to a few key questions. Who protects children from being recruited into War? What laws exist to protect them? Some enforcement challenges.



In the Beginning
The officially sanctioned world effort to protect children from being recruited and employed as child soldiers by state and non-state actors first began with the United Nations (UN) in 1977 via the implementation of “Additional Protocols to the Geneva Convention”. The purpose of this effort was to establish what was considered an acceptable age to engage in combat foreign, or domestic (Felton, 2010, 325). But since 1977, the problem of child soldier recruitment continued despite threats by the UN to hold violating parties accountable for their actions (Felton, 342-343).
By 2010
As of 2010, the UN established a total five international laws and six international resolutions making it unlawful for nations or non-state actors to recruit and employ “children in warfare” beginning in 1977 to 2005 (Felton, 2010, 325, 338, 342-343). Each of these laws and resolutions serve a specific purpose and evolved into what may be the first criminal prosecution of a leader for the recruitment and exploitation of child soldiers in 2011 by the International Criminal Court (ICC) (Gray-Block, 2011).
Those laws and resolutions from 1977 to 2005 are: Additional Protocols to the Geneva Conventions (1977); Convention on the Rights of the Child (1989); Rome Statute (1998); Worst Forms of Child Labour Convention (1999); Optional Protocol to the Convention on the Rights of the Child (2000); Resolution 1261 (1999) and 1314 (2000); Resolution 1379 (2001); Resolutions 1460 (2003) and 1539 (2004); and Resolution 1612 (2004) (Felton, 325). The laws essentially: begin and continue with a baseline regarding what constitutes the legality of child soldiers; create the ICC and make child recruitment a war crime; define “forced or compulsory recruitment”; changed minimum recruitment age from 15 to 18 years of age; direct all nations to adhere to the established standards/conduct regarding child soldiers; “blacklist” violators; state sponsored integration and reintegration programs; and create a “Security Council Working Group” to warehouse and share information regarding violations of children’s rights (Felton, 325).
Who is Responsible for Protecting Child Soldiers?
The responsibility for preventing and rescuing child soldiers is an international responsibility, excluding the UN. While the UN establishes the acceptable recruitment age, it has historically been limited, even powerless, to prosecute actions to punish recruiters breaking the established international laws (Felton, 342-343). Individual nations however, can pull these children from harm or create conditions that can offer sanctuary in a more direct means, vice simple sanctions.
Canadian Senator Romeo Dallaire made such a gesture by promoting new legislation in mid-August 2011 (McCann, 2011). This legislation would help former child soldiers integrate the children into a peaceful society. Of particular note, Dallaire has a unique qualification and appreciation that gives his argument strength. Dallaire was the UN commander on the ground during the 1993-1994 mission in Rwanda where nearly one million people were killed and/or murdered. The retired Lieutenant-General Dallaire also serves as senior fellow of Canada’s Montreal Institute for Genocide and Human Rights Studies (MIGS) (MIGS, 2011).
Also in 2011, a Burmese delegation approached the United States for assistance in getting the UN to pressure Burma to stop forcibly recruiting child soldiers (Jha, 2011). Former child soldier, Hein Min Aung, spoke at a US Congressional hearing in early August describing his experiences as a child soldier, as well as highlight the fact Burma has approximately 70,000 child soldiers (Jha, 2011). Aung, now a New Zealander, hoped to get the Obama administration to get the UN to work through China’s and Russia’s effort to not pressure the government of Burma.
Some Nations Don’t Want to Play
Of note, not all countries adopted all of the resolutions and laws created. For instance, the 1989 “United Nations Convention on the Rights of the Child” was not fully accepted by the United State or Somalia. The United States reasoning at that time was because the law had to be submitted to the US Senate first for approval, as of 2008 (UN, 2008). Then again, nations can stop actions to hold countries accountable as in the instance of Burma where China and Russia have prevented the UN from increasing pressure against the Burmese government for undetermined political reasons (Jha, 2011).
Ultimately
The ability of the UN and other nations to hold state and non-state actors accountable to recruiting/conscripting child soldiers remain challenged. There’s a lack of hard data to leverage a metrics against many violators, many of whom are in underdeveloped states of Africa, various parts of Asia and some parts of Latin America. Mitigation will constantly challenge resources and individual political relationships and objectives. As a result, child soldiering will continue relatively unabated at this time.
 
-SWOT Hunter
 
References
Coalition to Stop the Use of Child Soldiers. 2009. Child Soldiers Global Report 2008. http://www.childsoldiersglobalreport.org; accessed 27Aug11.
Felton, John. 2010. Global Issues: Child Soldiers – Are More Aggressive Efforts Needed to Protect Children? Los Angeles: Sage and Pine Forge. pp. 323-351.
Gray-Block, Aaron. 24Aug11. ICC's landmark debut trial concludes after two years. http://www.reuters.com/article/2011/08/24/us-warcrimes-lubanga-idUSTRE77N32N20110824; accessed 27Aug11.
Jha, Lalit K. 4Aug11. US Urged to Welcome Former Child Soldiers. http://www.irrawaddy.org/article.php?art_id=21833; accessed 27Aug11.
McCann, Sean. 17Aug11. Senator aims to aid child soldiers. http://www.calgarysun.com/2011/08/17/senator-aims-to-aid-child-soldiers; accessed 27Aug11.
McClatchy. 19Aug11. Child Soldiers in Rebel Group Hardly News to Agence France-Presse (AFP). http://www.menafn.com/qn_news_story.asp?storyid={5fac893d-d720-4e21-8a81-337182a4b2c9}; accessed 27Aug11.
Montreal Institute for Genocide and Human Rights Studies (MIGS). Updated 22Aug11. About Us. http://migs.concordia.ca/about.html; accessed 27Aug11.
United Nations. 29Jul11. SECURITY COUNCIL TIGHTENS SANCTIONS REGIME ON SOMALIA, ERITREA, EXTENDING MANDATE OF MONITORING GROUP FOR 12 MONTHS Resolution 2002 (2011) Targets Recruiters of Child Soldiers, Among Others. http://www.un.org/News/Press/docs/2011/sc10348.doc.htm; accessed 27Aug11.
United Nation. 2May08. UNWorks- What’s Going On? Child Soldiers in Sierra Leone. http://www.un.org/works/Lesson_Plans/WGO/WGO_LP_CS.pdf; accessed 27Aug11.
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