Child Soldiers and Restorative Justice by Jean Chrysostome K. Kiyala

Author:Jean Chrysostome K. Kiyala
Language: eng
Format: epub, pdf
ISBN: 9783319900711
Publisher: Springer International Publishing

8.2 Ambiguous Role of Society in the Child Soldiering Phenomenon

Society is expected to ensure protection of children. Unfortunately, in time of war, children are exposed to soldiering. This section examines the role of the community in protecting children, and how it ensures child welfare, wellbeing and education, to prevent this age category from being involved in hostilities.

8.2.1 Society as a Protective Structure

The question raised here concerns the ambiguous, and somewhat unfair, treatment of children and adolescents, who join armed forces or groups. They are perceived as persons in need of protection, and at the same time, people punishable for rendering military service and perpetrating war crimes. Society is responsible for the involvement of children in armed conflict because adults, parents, leaders, governments, and local authorities deceive young people and children. They fail to provide for their needs, leaving them without a choice but to become soldiers.

If society cannot protect children, feed them, educate them and create a safe environment for them, violence becomes a refuge for children who feel that their safety is threatened and there is no prospect of a better future. Out of despair, frustration and confusion, young people and children respond to urgent needs: to assume responsibility for their lives, and protect their families and society. Should adults and governments play their role responsibly in protecting fellow citizens, especially children, there would be no engagement of this vulnerable category of persons in hostilities.

Regarding criminal responsibility for atrocious acts violating International law, pursuant to Article 26 of the ICC, the Court does not give jurisdiction for prosecution of persons under 18 years of age who was under the age of 18 at the time of the suspected commission of a crime (International Criminal Court 2002). In summary, these arguments show three antagonistic opinions about child soldiers:Child soldiers must be prosecuted as adult criminals, but a mitigation on the severity of their trial needs to be considered and in their sentencing, children’s vulnerability and the lack of full understanding of the acts of violence they are reproached for should be taken into account and should be in the “best interest of those children” (Amnesty International 2000);

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