Commander of Child Soldiers to be Put on Trial

International Criminal Court Goes to Work

Nov 19, 2008 Phillip Barea

In a decision welcomed by global observers the International Criminal Court confirmed this week that it will go ahead with its first trial in January, 2009.

The case set for trial concerns Congolese warlord Thomas Lubanga. Mr. Lubanga is the first defendant brought before the court since it came into existence in 2002 as the world’s first permanent international criminal tribunal; and his trial will be the first to deal exclusively with the use of child soldiers. He is believed to have actively recruited, abducted, trained, and sent hundreds of children into battle.

Child Soldiers

Throughout history conflicts around the world have included the participation of children in combat. The United Nations Convention on the Rights of the Child prohibits the use of persons under the age of 18, also known as “child soldiers”, in a military campaign. In its legal framework the Rome Statute of the International Criminal Court lists the use of child soldiers as a war crime under its jurisdiction. Most international child protection groups and psychologists warn that children are easily coerced into fighting in, and are severely traumatized by, armed conflicts. The Coalition to Stop the Use of Child Soldiers warns that, even when children voluntarily join armed groups or live in conflict areas, adults are committing a serious crime by bringing them into military service.

Former Yugoslavia

Thousands of child soldiers fought in the various conflicts resulting from the break-up of Yugoslavia. For example, Croatia's Association of Underage War Volunteers of the Homeland War estimates that around 3,000 young boys participated. Some humanitarian groups operating in the former Yugoslavia at the time tried to prevent the use of child soldiers; and tried to remove child soldiers from military units once they were identified. On many occasions they were actually volunteers who hid their age. In recent years these former child soldiers have sought veteran´s benefits and treatment for disorders related to psycho trauma resulting from their wartime experiences.

Uganda

The Lord´s Resistance Army (LRA), a rebel group operating in northern Uganda, is accused of abducting numerous children, and terrorizing them into becoming either concubines or soldiers. Evidence shows that in addition to being beaten, raped, and forced to march until exhaustion, abducted children have also been forced to participate in the killing of other children. Amnesty International reports that without child abductions, the LRA would have few combatants. Most human rights advocates place the overall number of abducted children at around 3,000. The International Criminal Court is investigating the leadership of the LRA, has already issued arrest warrants for some individuals, and is currently preparing to prosecute them.

Democratic Republic of the Congo

In the DRC, child soldiers are removed from their homes and forced to fight and kill. If they refuse they are severely beaten or killed themselves. Aid agencies have reported a sharp rise in the abduction and recruitment of child soldiers in the eastern provinces, where increased fighting has displaced thousands of people. George Graham of advocacy and relief organization “Save the Children” recently told Reuters that he was also concerned that already demobilized child soldiers were being re-recruited to rejoin the fighting. UNICEF has recently called this region the “worst place in the world to be a child”. Jurists and analysts believe that the successful prosecution of warlords like Mr. Lubanga will help reverse this trend.

The copyright of the article Commander of Child Soldiers to be Put on Trial in Law, Crime & Justice is owned by Phillip Barea. Permission to republish Commander of Child Soldiers to be Put on Trial in print or online must be granted by the author in writing.
Child Soldier, Foreign Policy Association Child Soldier
   
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