International Law and Child Soldiers

Studies in International Law, Hart Publishing: Oxford, Forthcoming

4 Pages Posted: 17 Jul 2014

Date Written: 2014

Abstract

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.

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Keywords: Child soldiers, child soldiering, international human rights law, international humanitarian law, international criminal law, child rights, child justice

Suggested Citation

Waschefort, Gus, International Law and Child Soldiers (2014). Studies in International Law, Hart Publishing: Oxford, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2465877

Gus Waschefort (Contact Author)

University of Essex ( email )

School of Law
University of Essex
Wivenhoe Park, CO4 3SQ
United Kingdom
+447733080492 (Phone)

HOME PAGE: http://https://www.essex.ac.uk/people/WASCH01209/casper-august-waschefort

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