Summary
Summary CHILDREN IN ARMED CONFLICT - POLITICAL OFFENCES
- Course
- Criminology 220 (KRM220)
- Institution
- University Of Pretoria (UP)
Summary of 7 pages for the course Criminology 220 at UP (EXAM NOTES)
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KRM 220 SECTION B – POLITICAL OFFENCES UNIT 7KRM 220
SECTION B – POLITICAL OFFENCES
UNIT 7
CHILDREN IN ARMED CONFLICT
At the end of this study unit, the student will be able to:
- Define the concept ‘child soldier’ and discuss the complexities associated with defining the
concept
- Provide reasons why children become involved in armed conflict
- Discuss the recruitment process of child soldiers and the notion of ‘voluntary’ recruitment
- Discuss the criminal responsibility of child soldiers
- Provide an overview of the retributive and restorative justice models in prosecuting child
soldiers
- Discuss girl’s involvement and initiation into armed conflict
- Discuss the victimisation, culture of violence and insecurities experienced by girl child
soldiers
- Discuss the exclusion of girl child soldiers from Disarmament, Demobilisation and
Reintegration (DDR) Programming
- Provide an overview of health issues; social exclusion and community rejection; and
educational issues experienced by girl child soldiers
AGE THRESHOLD & DEFINING THE CONCEPT CHILD SOLDIERS
International community defines child soldier as “any person under the age of 18 years who
is part of any kind of regular or irregular armed force or armed group in any capacity,
including but not limited to cooks, porters, messengers, and those accompany such groups,
other than purely as family members’
Problem with defining child soldier:
- Childhood is culturally constructed and varies across societies
- In many non-Western societies a person may be regarded as an adult once certain
ceremonies and rite of passage have been done (in Malawi children are regarded as adults
after completing a rite of passage at the age of 8)
- Girl child becomes an adult when with her marriage and young man after the death of his
father
- Many societies regard children as competent ‘young adult’
- Military participation is conceptualised as part of becoming an adult and under-18 year olds
are encouraged to take part in military activities
- Implications for disarmament, demobilization and reintegration (DDR) programmes
WHY CHILDREN BECOME SOLDIERS
- Forced recruitment
- Family considerations
1
, KRM 220 SECTION B – POLITICAL OFFENCES UNIT 7
- Push and pull factors
- Lack of education
- Hopes of earning money
- Power, glamour and excitement
- Out of disaffection with a political, social, economic systems that have failed them
- Lack of educational opportunities
- Ideology and political socialisation exert strong influence over youth’s decision to join armed
forces
RECRUITMENT & CRIMINAL RESPONSIBILITY
- 2 questions regarding the accountability of child soldiers:
1. Is there voluntary recruitment in the case of child soldiers?
2. And if so, can they be held responsible for their actions?
Is there voluntary recruitment in the case of child soldiers?
- International community’s perspective on voluntary recruitment: desperation, manipulation,
lacking cognitive skills to make a choice result in the impossibility of voluntary recruitment
- However, it is possible that children actually join an armed group on a voluntarily basis –
war often create new social, economic and political systems and relationships that may
compel children to enlist on a voluntary basis
- Under- 18 combatants play an active and critical role in political and military movements,
with LITTLE direct coercion from adults
- Voluntary factor can serve as a window into young people’s underlying concerns, grievances,
needs and aspirations
Can they be held responsible for their actions?
- Article 12 of the UN Convention of the rights of children
- UN stated that former child soldiers are victims of criminal policies for which adults are
responsible
- Shared view that children should NOT be detained or prosecuted, but treated as victims by
virtue of their age and forced nature of their association
- Amnesty international states that before any model of justice can be applied, an
assessment of the child’s awareness of the choices open to him or her should be concluded
JUSTICE MODELS
- Two models of justice that address the issue of child soldiers in relation to the issue of
culpability
1. Retributive model
2. Restorative justice model
1. RETRIBUTIVE MODEL
- Wrongdoers should be held accountable for their crimes through punishment
2
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