Child Soldiers Victims or Perpetrators An Analysis

This article examines the unique status, experience and legal responsibility of those known as ‘child soldiers'. There are an estimated 300,000 children in the world today who are actively engaged in hostilities, either through government forces or rebel groups. ‘Child soldier' refers to ‘any person below 18 years of age who is, or who has been, recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, spies or for sexual purposes'. In general, international law views these child soldiers as victims, yet the plethora of issues surrounding child soldiers complicates such a view. The horrific circumstances created by conflict, both national and international, that lead to the enlistment, conscription and use of children are a growing concern, not only morally but legally. These soldiers, recruited from as young as five years old, are subjected among other things to violence, rape, and murder, but then they themselves become perpetrators of the aforementioned crimes. How ought the international legal community to deal with this Should they be protected as victims or punished as perpetrators This article will explore this issue in international law and the unique status of the child soldier with the aim of determining whether it is best to protect these individuals as victims or punish them as perpetrators, or whether the child soldier comprises an ‘exceptional' status. Dr. Naveen Singh Chouhan "Child Soldiers - Victims or Perpetrators: An Analysis" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-1 , December 2021, URL: https://www.ijtsrd.com/papers/ijtsrd47854.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/47854/child-soldiers--victims-or-perpetrators-an-analysis/dr-naveen-singh-chouhan