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Protection of children during armed conflict
Currently, most of armed conflict victims are civilians. Unfortunately, about half of them are children. According to UNICEF data, it is estimated that over 2 million children have died in a result of an armed conflict during last decade; moreover, about 6 million have became injured or even disabled. Furthermore, between 8 and 10 thousands children are killed or hurt by mines. Statistics say that about 300 thousands child soldiers are involved in more than 30 conflicts around the world. They are used as combatants, messengers, porters, cooks and even to provide sexual services
The question is why and how children are forced for participating armed conflicts. For understanding this issue let`s take a look for quotes from Human Rights Watch Organization[1] :
"Child soldiers are ideal because they don`t complain, they don`t expect to be paid and if you tell them to kill, they kill" – Senior officer in the Chadian National Army
"When the armed groups have got recruited children and youth, they would supah or take an oath. After that, they cannot withdraw. Otherwise, other members would kill them called ‘blood halal' or killing without guilt, because this is an act of betrayal to religion by ‘munafi'" – A religious leader from Pattani interviewed by the coalition in 2007 describing the recruitment of children and youth by armed separatist groups (Southern Thailand)
"Even if there are orders [to demobilize children], battalion commanders will keep the children but hide them in the battalion compound or battalion farms, but they`ll keep them because they don`t have enough soldiers. When I was in the army we always felt we had too many officers and not enough soldiers." – Major Myint Soe, former battalion commander in the Tatmadaw Kyi (Myanmar/Burma)
That shows that for commanders of armed forces children are only cannon fodder not human beings. The same report tells us how it is seen by under aged participant of war theater:
"In the mornings we had to do long and short runs with backpacks. We had to run five miles a week, and do long marches of about 30 miles. I was 11, so I couldn`t keep up but had to do my best, otherwise they whipped mewith the string attached to their whistles… When we had to run and I couldn`t carry my gun anymore, the older ones tried to help by taking my gun and running along with me." – Htun Myint, describing his training in the Tatmadaw Kyi at age 11 (Myanmar/Burma)
"They took us to the barracks. They beat us both with their guns and boots. After 15 days my friend died from the beatings. They beat me repeatedly. Once I was beaten unconscious and taken to the hospital. When I regained consciousness I was taken back to the barracks and beaten again. I nearly died. I don't know why they beat me." – Ram, recruited in 2004 by the Maoists when he was 14 years old describes his capture by the Royal Nepal Army one year late (Nepal)
But even if child is not enforced into army it can suffer from lot of others reasons like rapes committed by soldiers:
"I feel pain from the rape, as if I have wound inside, and I am afraid to have a disease. I would like to get tested but there is nobody to help me. I was tested in the reception centre in Gulu, but I was never told the result. The doctor said that it is better not to know the result." – Girl age 17, previously abducted by the LRA ( Uganda)
That is obvious that this kind of behavior and practice should not take place. It brings trauma for the rest of child`s life. That is why international community started to try save children from enforcing them into the army by adopting treats.
Another issue[2] which is strongly connected with violation on children is terrorism . Both terrorist actions and counter-terrorism measures have had a deep impact on children. Terrorist attacks disproportionately target civilians in hitherto sacrosanct locations, such as schools, hospitals and other public spaces. Children are also increasingly being used to perpetrate these attacks, even as suicide bombers in some locations.
As a result, anti-terrorism measures often also target children, including through arrest and detention of children suspected of having links to terrorist organizations. Many of these children are detained in violation of international standards of juvenile justice. Precision aerial bombardment and other types of military operation also result in what is termed "collateral damage" and children are often the victims.
Many children and young people in countries in conflict suffer not only the violence of war but also the devastating HIV/AIDS.
An estimated 14 million children currently under the age of 15 have lost one or both parents to HIV/AIDS. A third of these children live in countries recently affected by armed conflict.
Armed conflict fuels spread HIV in many ways: by the disintegration of communities, replacement from home, separation of children from their families, and the destruction of schools and health services. Another contributing factor is rape and other human rights abuses that proliferate during wartime. Moreover, the impoverishment that results from conflict situations often leaves woman and girls destitute. For many, trading sex for survival becomes the only option.
To talk about protection of children we should find the definition of child at the beginning. In according to Article 1 of United Nations Convention on the Rights of the Child signed 20 November 1989 in New York child, means every human being below the age of eighteen years under the law applicable to the child, majority is attained earlier.
Even if Committee on the Rights of the Child ruled that minimum age for volunteer joining armed forces is 15 lot of States and Non-Governmental Organizations are trying to rise this requirement to age of 18. That is because age of 18 is limit for being able to vote in most of countries; moreover, it is also the time when child is becoming adult in mental and social way. If children become rebels under age of 18 their psychic condition is handicapped for rest of life. The psychical, sexual and emotional violence to which they are exposed shatters their world. War undermines the very foundations of children`s lives – destroying their homes, splintering their communities and breaking down their trust in adults.
We could distinguish two type of legal children`s protection. First is provided by International Humanitarian Law in part about protections of civilians during armed conflict because children are group of civilians.
Main instances from first group are Geneva Conventions especially IV Geneva Convention relative to the Protection of Civilian Persons in Time of War and two Additional Protocols from 1997. They are covered by the fundamental guarantees that these treaties provide, in particular the right to life, the prohibition on coercion, corporal punishment, torture, collective punishment and reprisals ( Art. 27-34 IV Geneva Convention and Art. 75 of Additional Protocol I) and conduct of hostilities, including both the principle that a distinction must be made between civilians and combatants and the prohibition on attacks against civilians (Art. 48 and 51). In case of non-international conflict, children are also covered by the fundamental guarantees for persons not taking direct part in the hostilities (Art. 3 common to Geneva Convention and Art. 4 of Additional Protocol II). They are further protected by the Art. 13 of Additional Protocol II which says that " The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited" and" Civilians shall enjoy the protection afforded by this part, unless and for such time as they take a direct part In hostilities."
Second type are regulations directly related to children issue. These are Convention on The Right of The Child from 1989, Optional Protocol to the Convention on The Rights of The Child from 2000, Statue of the International Criminal Court adopted in 1998 and IV Geneva Convention with Additional Protocols as well.
Convention on The Right of The Child from 1989 – this treaty covers fundamental rights of children. Article 38 commits States Parties to take all feasible measures to ensure that those aged of less than 15 years do not take a direct part in hostilities and that priority is in recruitment is given to the oldest of those aged between 15 and 18 years.
Optional Protocol to the Convention on The Rights of The Child from 2000 – this document makes protection of children stronger. 107 states were parties to the Protocol including three of the five permanent members of the Security Council (France, United Kingdom United States of America) but not the Russian Federation and China. Although the Russian Federation has signed the Protocol, it has yet to ratify it and to incorporate it into national law.
Article 1 says that the States Parties must take all feasible measures to ensure that members of their armed forces who have not reached the aged of 18 years old do not take direct part in hostilities. Following Article 2 compulsory recruitments into the armed forces of persons under 18 years of age is prohibited.
Art. 3 says that the States Parties shall raise the minimum age for voluntary recruitment from 15 years. This rule does not apply to military academies.
In according to Art. 4 armed groups distinct from the national armed forces should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years, and the States Parties must take legal measures to prohibit and criminalize such practices.
Rome Statue of the International Criminal Court – this statute lists war crimes within Court`s jurisdiction to active involvement in hostilities of children under 15 of their recruitment into national armed forces during an armed conflict. So if State cannot or does not want to prosecute, Court has jurisdiction to do this.
The Paris Commitments and the Principles and Guidelines on Children Associated With Armed Forces or Armed Groups - a significant political-level initiative is the strong commitment expressed by 76 Member States, which provide guidelines on the disarmament, demobilization and reintegration of all categories of children associated with armed groups.
Of course States are urged to ratify the treaties giving protection to the children during armed conflict and adaptation them into national legal systems. Therefore States have the main and prime responsibility for situation of children rights violations.
It is suggested [3] that priority should be granted to implement of the following rules:
Participation in hostilities
A State bounded by the Optional Protocol to the Convention on the rights of children should take legislative measures prohibiting and punishing both compulsory recruitments into armed forces of children under 18 years (Art. 2 and 6) and compulsory or voluntary recruitment children under 18 by armed groups distinct from the national armed forces (Art. 4)
States Party to the Convention on the rights of children (Art. 38) or to Additional Protocol I (Art. 77) should take legislative measures prohibiting the conscription or enlistment in its armed forces of children under 15, and measures ensuring that priority in recruitment be given to the oldest among those aged between 15 and 18.
States Party to Additional Protocol II shall legislative measures prohibiting the recruitment of children under 15 and any participation by then in internal conflicts (Art. 4)
In order to take advantage of the principle of complementarity, States party to the International Criminal Court Statute should ensure that their national criminal legislation makes it possible to prosecute persons who have recruited children under 15 years of age or who have used children as active participants in hostilities (Art. 
Detention and internment
States party to the additional Protocols should take legislative or other measures to ensure that any child under 15 years of age who is arrested, detained or interned for reasons relating to conflict enjoys the special protection provided by international humanitarian law (Art. 77 Additional Protocol I and Art. 4 Additional Protocol II)
Death penalty
The States party to Geneva Convention IV (Art. 68) and Additional Protocol (Art. 77 Additional Protocol I and Art. 4 Additional Protocol II) should take legislative measures under penal and military law to prohibit the pronouncement or execution of a death sentence against anyone aged less than 18 years at the time of the offence, when the offence is related to an armed conflict.
But problem of child solders is being tried to be solved also by No-Governmental Organizations like Amnesty International, United Nations International Children`s Emergency Fund (UNICEF), International Committee of the Red Cross (IRCR) and Coalition to Stop the Use of Child Solders.
Amnesty International[4]
Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories, which campaigns to end grave abuses of human rights. It is free from any government influences, political ideology, economic interest or religion and it is funded by its members and public donations. One of AI`s goal Is a protection rights of children.
UNICEF[5]
UNICEF provides long-term humanitarian sand developmental assistance to children and mothers in developing countries. UNICEF upholds the Convention on the Rights of the Child and is part of the Global Movement for Children – a broad coalition dedicated to improving the life of every child. Through this movement and events such as the United Nations Special Session on Children UNICEF encourages young people to speak out and participate in the decisions that affect their lives.
Examples of UNICEF actions:
In Liberia, UNICEF is working to provide skills training courses to 5000 demobilized children associated with armed forces. The training program includes not only basic literacy and numeracy, psychosocial counseling, and business development but also subjects like agriculture, animal husbandry, mechanics, carpentry, cosmetology, masonry, tailoring and baking. Recently, 116 boys and girls have finished the nine-month training course in Buchanan, Grand Bassa County
In the Democratic Republic of the Congo, as part of UNICEF`s project to assist children, women and families affected by conflict, nearly 1.6 million children were protected from recruitment by armed forces and groups, at least 5400 children associated with armed forces and groups were reintegrated into their families or communities, and 5230 women and children survivors of sexual violence were given support and assistance.
International Committee of the Red Cross
As for any other civilians, the ICRC promotes respect for the rights and dignity of children providing them with assistance to alleviate the effects of armed conflicts. Although the ICRC acts impartially to assist all the victims of conflict, children do have specific needs witch the ICRC strives to address such as: children separated from their families because of conflict, children associated with armed forces or armed groups, children deprived of their freedom.
Coalition to Stop the Use of Child Solders[6]
It was formed in May 1998 by leading international human rights and humanitarian organizations. Coalition works to prevent the recruitment and use of children as soldiers, to secure their demobilization and to ensure their rehabilitation and reintegration into society. The Coalition`s goal is to promote the adoption and adherence t national, regional and international legal standards (including the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict) prohibiting the military recruitment and use in hostilities of any person younger than 18 years of age and the recognition and enforcement of this standard by all armed groups, both governmental and non-governmental.
Despite all the regulations, the efforts to improve the safety of children are still being undertaken. These are examples for such initiatives:
On 10th of May 2011 the German Permanent Representative, Mr Peter Wittig and the UN Special Representative for Children and Armed Conflict, Radhika Coomaraswamy, jointly launch the campaign "Protect my school!"
The campaign is preparing the grounds for a draft resolution that Germany intends to submit to the Security Council during the German Presidency in July. The resolution intends to better protect schools and hospitals during armed conflicts.
On the start of the campaign, Ambassador Wittig stressed: "Children are the firs victims of armed conflicts. They need to deserve the best possible protection. And so do the places that care and tend for them: schools and hospitals. Attacks against these facilities are appalling. We want to make sure that perpetrations of such attacks are held accountable and deterred from further attacks."
Mrs Coomaraswamy emphasized: "Schools must be safe places of learning and development for all children and zones of peace. those who attack schools and hospitals should know that they will be held accountable."
In my opinion there should be more initiatives like last German`s one, because issue of children rights violation has not been solved yet. As long as there are places where children suffer because of any reasons we should keep trying to incorporate new legal mechanisms. Furthermore, I think that international community should focus even more on respecting existing law. The biggest problem occurs when law solves problem only theoretically but in practice it is hard to enforce armed groups to abide existing law. That is why States shall be still working on finding the best possible answer for question "how to protect children during armed conflict" and in other dangerous for them situations as well.
[1] Child Soldiers Global Report 2008 by Human Rights Watch
[2] in according to website of United Nations
[3] based on International Committee of the Red Cross Advisory Service
[4] based on Amnesty International`s website
[5] based on UNICEF`s website
[6] based on CtStUoCS`s website
About the Author
Łukasz Sternowski is a law student from Poland
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