An argument against the prosecution of child soldiers

Prosecutions for war crimes and crimes against humanity take place in the specific context of a post-conflict society. The former DRC president, Laurent Kabila, said in the armed forces would demobilize all child soldiers but a year after he made the commitment, four DRC child soldiers aged were granted clemency, after death sentences imposed by a military tribunal led to international condemnation from human rights organizations.

The crimes An argument against the prosecution of child soldiers are for when Ongwen was an adult.

Should child soldiers be prosecuted for their crimes?

Capital punishment for persons under 18 violates the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. Prosecutions only happen after the war has ended so those who recruit child soldiers will not take this into consideration.

The finality of a trial also helps to draw a line under the conflict and allows a society to move on. It is important that child soldiers are included in post-war justice, so that the whole community can see that the perpetrators of human rights violations are punished. It is wrong to say that all child soldiers are forced into fighting or that they had no control over their actions.

The Geneva Conventions do not set a minimum age for criminal responsibility for international crimes, and do oblige all state parties to act on serious breaches of human rights. Permitting States to decide their own age of criminal responsibility would allow them to determine the scope of their international obligations.

The crimes cited are for when Ongwen was an adult. Prosecutions for war crimes and crimes against humanity take place in the specific context of a post The godfather of human rights laws, the Geneva Conventions, oblige all member states to act on grave breaches of human rights, but does not stipulate the age of criminal responsibility.

A year-old child soldier was reportedly executed the previous year. The age of criminal responsibility varies from country to country, frombut the bar is most commonly set at It may be that the child thought it would be safer to enlist or factors such as poverty and hunger influenced their decision rather than a desire to fight.

If you are a victim of an Being a soldier is also a way of earning money. Capital punishment for persons under 18 violates the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.

Permitting States to decide their own age of criminal responsibility would allow them to determine the scope of their international obligations.

Child Soldiers Should Be Prosecuted

However, jurisdiction by the court does not extend to crimes committed by people under 18, and before when the Rome Statute entered into force.

The age of criminal responsibility varies from country to country, frombut the bar is most commonly set at Permitting States to decide their own age of criminal responsibility would allow them to determine the scope of their international obligations. Children are often forced into fighting and have little choice over whether or not they enlist.

The DRC is party to both international human rights treaties. Many children volunteer to become soldiers in wartime out of patriotism or a desire to avenge the death of their families.

Should child soldiers be prosecuted for their crimes? International efforts to deter warring parties from committing atrocities require a clear and credible message to be sent: The godfather of human rights laws, the Geneva Conventions, oblige all member states to act on grave breaches of human rights, but does not stipulate the age of criminal responsibility.

States are obliged to prosecute and punish offenders. Allowing child soldiers immunity from prosecution denies victims justice. Prosecutions do not allow the opportunity to rehabilitate child soldiers and instead prioritise the rights of victims over the rights of the child, even though the child himself will probably have suffered abuse as well.

ARMED CONFLICT: Should child soldiers be prosecuted for their crimes?

Child soldiers have been responsible for some of the most brutal and violent acts in wartime. There should be no exception simply because the crimes occurred in wartime.

“Analysis: Should child soldiers be prosecuted for their crimes?,” IRIN News, 6 Oct. 2011

The former DRC president, Laurent Kabila, said in the armed forces would demobilize all child soldiers but a year after he made the commitment, four DRC child soldiers aged were granted clemency, after death sentences imposed by a military tribunal led to international condemnation from human rights organizations.The reason to recruit child soldiers is the lack of strict international laws regarding it.

The international human rights law is vague, on the issue of prosecution of child soldiers. Even arguably the most important international human rights law, the Geneva Conventions does not talk about the prosecution of child soldiers. estimatedchild soldiers currently participating in armed conflict around the world,2 children are undoubtedly responsible for numerous deaths, rapes, mutilations, and other crimes.

However, the international community has failed to set an age at which these children can be held legally responsible for their actions. Child Soldier Essay Examples. 3 total results. The Issue of Child Warrior in Africa and Around the World. 3, words. 8 pages. An Argument Against the Prosecution of Child Soldiers.

words. 2 pages. The Children Soldiers in Ishmael Beah's A Long Way Gone. words. 2 pages. Company. About Us. Falchetta said it was “difficult to provide an empirical judgement on that [Lubanga’s ICC prosecution being a deterrent]”, and rather that accountability needed to be enforced at the national state level to discourage the continued use of child soldiers.

Child Soldiers Should Be Prosecuted Please cast your vote after you've read the arguments. You can also add to the debate by leaving a comment at the end of the page.

CHILD SOLDIERS: THE INNOCCENT VICTIMS OF ARMED CONFLICTS INTRODUCTION. At an age when every experience in life will influence them either for the best or the worst, many children are dragged into the midst of chaos, destruction and death. When many around the world sleep safely in a cocoon of peace and love, war is .

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An argument against the prosecution of child soldiers
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