The Criminal Liability of Child Soldiers: In Search of a Standard

Abstract

Despite the recent focus on the problem of the recruitment and use of child soldiers, there is still no clarity on the criminal liability of child soldiers who participate in conflict. In this article, we analyze the criminal liability of child soldiers against the historical background child soldiers. This aritle reports on its prevalence, and discusses the international legal framework liability. We pose the question whether the dual status of child soldiers as victims and perpetrators negatively impacts their criminal liability and whether it may in fact hamper the attainment of justice.

Keywords:

• child soldiers
• criminal liability
• humanitarian law
• armed conflict
• ICC