Armed conflicts innately represent the struggle of organized armed forces over assertive armed rebel groups in relation to the control of human and non-human resources. While both aim at gaining supremacy and asserting their exercise of power, the adversely affected include not just the directly involved but even the remotely connected. One such group is ‘children’ or ‘persons below the age of majority’. Being vulnerable and impressionistic, they become influenced by the immediate, unmindful of their long-term physical and psychological implications. In view of the well-established normative ‘protections’ and ‘safeguards’ under International Human Rights Law, the author attempts to bring forth a critical review of the practice and implications of ‘forced recruitment’ of children in the regular armed forces and armed rebel groups. Focusing on the scope and impact of ‘conscription’ of child soldiers, the paper brings into debate the law as it exists in this regard and divergent state practices, and proposes a set of recommendations for consideration in the ultimate interests of children to whom all branches of law owe innate accountability.

Participation of children in armed hostilities has become an increasingly common phenomenon in the newly emerging conflicts at the International Plane. Ironically, these conflicts were centered round the struggles of regular armed forces and guerrilla forces. At the same time, the nature of conflict is often overshadowed by the surrounding cultural and societal contexts. It is very often difficult to find the background of those recruited, be they adults or children, for, in most of the cases, they are the invisible soldiers. Those who employ them deny their existence and keep no record of their numbers and ages, or at times, the ages are falsified. Hence, there is an overwhelmingly, rising degree of concern about their employment and its sociocultural and politicoethical implications, for in many a democratic form of administration, their legal identity is not seen as relevant, if not as appropriate, for many a justified legal issue.

Recruitment of Children in Armed Forces/Groups and Implications – Contribution of International Committee of Red Cross

Besides its continued expression of concern on many occasions against the recruitment of children as part of the regular armed forces, and on many occasions as part of the armed rebel groups, an increasing trend on the part of the States, the International Committee of Red Cross (ICRC) took an active part in January 1997, in the Session of the Working Group that was entrusted with the task of drawing up a draft optional protocol.

Law Review Journal, Protection, Protection of Children, Armed Conflicts, International Human Rights Law, International Committee of Red Cross (ICRC), International Humanitarian Law (IHL), International Human Rights Law (IHRL).