Table of Contents

War Crimes and the Conduct of Hostilities

War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation

Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli

Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.

Chapter 7: The enlistment, conscription and use of child soldiers as war crimes

Alberto Oddenino

Subjects: law - academic, human rights, public international law, terrorism and security law

Extract

The general perception of the need to employ particularly high standards to protect children is contradicted when children are utilized as combatants in the most risky situations and by the related, unabashed exploitation of their erratic combat behavior in the conduct of hostilities. Several features about child soldiers encourage the proliferation of their use in contemporary conflicts. While children have always, to some extent, participated in armed conflicts, their role in such conflicts has changed greatly. In the past adulthood and the ability to bear arms were to a large extent interconnected. Today technological developments have made lightweight automatic weapons available worldwide at relatively cheap prices; children are now able to participate in combat on a more equal footing with adult combatants. Thus the direct participation of children as combatants in armed conflicts is increasing compared to some of their more classical uses such as espionage, communication or de-mining.

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