The use of children in war : the international protocol on the involvement of children in armed conflicts

Abstract

Few people would dispute that children are amongst the most vulnerable during times of war or armed conflict. They are often recruited into some of the toughest of military operations by mandatory conscription or drawn into it by the seemingly glamorous appeal of being part of a macho operation. Often times parental figures are absent or incapable of providing appropriate guidance on such matters. Alone, children are not sufficiently capable of understanding the issues at stake; they may be easily led astray making decisions which invariably cost them dearly. Children need protection under international law. They need legal guarantees that protect them from mandatory or voluntary recruitment. In response to reported increases in the numbers of children participating in war and armed conflicts, the United Nations Commission on Human Rights has agreed an Optional Protocol On the Involvement of Children in Armed Conflicts, The Protocol seeks to protect children who are recruited in situations of armed conflict, by legally raising the age of compulsory recruitment of persons into armed forces and by seeking to limit their participation in direct hostilities. Although a necessary first step in protecting children, the Protocol itself falls short of an out right ban of child participation in hostilities, per se. This article critically assess the new Protocol, examining its strengths and deficiencies.