Protecting Children In Armed Conflict

In armed conflicts around the world, children are being killed, raped, abducted and recruited to fight at a shocking scale. In light of this continuing general failure to protect children in conflict, it is questionable whether existing international law norms and institutions provide sufficient protection and accountability. Consideration needs to be given to whether international law can do more – practically and effectively – when moral lines are crossed. That is the purpose of this book. It reviews the position of children in armed conflict by reference to the 'six grave violations' as identified by the UN Security Council. It analyses the protection offered by international humanitarian law, international criminal law and international human rights law, and also assesses the related adjudicative accountability mechanisms. The analysis concludes with a number of recommendations and proposals for reform, with a view to enhancing accountability and deterring future violations. The book has been written by a team of lawyers, headed by Shaheed Fatima QC, and has drawn on the input of an expert advisory panel comprising leading academics, policy-makers and activists. It has been written as part of the Inquiry on Protecting Children in Conflict. The Inquiry has been sponsored by Save the Children and Theirworld and chaired by former UK Prime Minister, Gordon Brown.

Societal turbulence, state collapse, religious and ethnic conflict, poverty, hunger, and social exclusion all underlie children's involvement in armed conflict. Drawing from empirical studies in eleven conflict-ridden countries, including Pakistan, Sri Lanka, Thailand, Colombia, Uganda, Palestine, Somalia, Liberia, Sierra Leone, Sudan, and South Sudan, Children Affected by Armed Conflict crosses cultures and contexts to capture a range of perspectives on the realities of armed conflict and its aftermath for children. Children Affected by Armed Conflict upends traditional views by emphasizing the experience of girls as well as boys, the unique social and contextual backgrounds of war-affected children, and the resilience and agency such children often display. Including children who are victims of, participants in, and witnesses to armed conflict in their analyses, the contributors to this volume highlight innovative methodologies that directly involve war-affected children in the research process. This validates the perspectives of children and ensures more effective outcomes in postwar reintegration and recovery. Deficits-based models do not account for the realities many war-affected children face. The alternative approaches presented in this edited collection—which acknowledge the realities of both trauma and resilience—aim to generate more effective policies and intervention strategies in the face of a growing global public health crisis.

This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.

The purpose of this book is to help researchers and professionals understand the possibilities for protecting children in violent political conflicts. This is the first book to be published on this important, complex and painful topic. Most other publications have concentrated on the effects of political violence on children and adults, but have little or nothing to say on prevention from the point of view of the social sciences. This book represents the beginnings of a new field of inquiry and policy. The book includes: research on the effects of exposure to political violence on children; reports by police and military experts of their experiences in protecting the public and children while keeping order; observations from people in human rights and childrens rights organizations on issues of attempting to report to and observe both sides in a conflict; and work by legal researchers on international law relating to the protection of children in political conflicts.

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

The United Nations Security Council's recent involvement in the protection of children in armed conflict, particularly by seeking to prevent the recruitment and use of child soldiers, has attracted little attention from international lawyers. However, the process, initiated by Council Resolution 1612, has interesting parallels with non-compliance mechanisms in international environmental law and can be seen as an innovative attempt to harness the Security Council's “soft power” to engage both State and non-State parties to conflicts.

'Born of War' examines the human rights of children born of wartime rape and sexual exploitation in worldwide conflict zones. Detailing the impacts of armed conflict on these children's survival, protection and membership rights, the text suggests that these children constitute a particularly vulnerable category in conflict zones.

In this volume, which is a spin-off of the special issue of the journal Global Responsibility to Protect (vol.10/1-2, 2018), eighteen academics and practitioners examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection.

This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.