The extent of criminal responsibility and culpability of child soldiers forced into armed conflict : the victim : perpetrator dichotomy

Abstract

The criminal responsibility of child soldiers, both during and subsequent to their engagement in armed conflicts, constitutes a multifaceted moral and legal quandary. While children are frequently regarded as victims of exploitation, their conduct in these conflicts and their behaviour post-involvement raises significant inquiries relating to their accountability under international law. This dissertation appraises the legal frameworks that pertain to the criminal responsibility of child soldiers, exploring how international legal systems mediate the tension between their victimisation and their possible culpability. Chapter 1 evaluates the term ‘child soldiers’ along with the ethical and legal complexities surrounding child soldier recruitment, establishing a contextual foundation for the study. Chapter 2 assesses the key international legal instruments, including but not limited to, the Geneva Conventions, the Convention on the Rights of the Child, and the Statute of the International Criminal Court in addressing how legal systems handle the complex dual identity of child soldiers. Chapter 3 examines the study methodology using a mixed-methods approach that blends qualitative and quantitative legal analysis of research data and rehabilitation trends with assessments of jurisprudence. Chapter 4 identifies key gaps and challenges in holding child recruiters accountable, including legal limitations, enforcement difficulties, and prosecution trends. It discusses necessary legal reforms to harmonise prosecution, rehabilitation, and reintegration efforts as measures to strengthen reintegration programs and community-based rehabilitation. The study concludes with a summary of findings, a proposed accountability framework, and suggestions for future research. By contributing to legal debate, the present research advocates for an impartial and fair legal framework that assures justice while respecting child soldiers’ rights.