SEXUAL VIOLENCE AGAINST CHILD SOLDIERS EXAMINING THE LIMITS AND POTENTIALS UNDER INTERNATIONAL CRIMINAL LAW

Abstract

The subjects of child soldiers and conflict-related sexual violence have recurrently been explored but issue of child soldiers who are being sexually violated during armed warfare seem to be a legal gap in international criminal and humanitarian law. International humanitarian law does not generally regulate the conduct of combatants towards other combatants in the same armed group as the conduct of fighters towards soldiers on the same side of the conflict would presumably be monitored by their own internal discipline framework. On that account, this research work critically examines the sexual violence against child soldiers its limits and potentials under the international criminal law. This research work scrutinizes the view of writers that have done much work in the area of sexual violence and identified were these works were lacking. The effectiveness of existing legal instruments on sexual violence against child soldiers and against recruitment of children is considered, and also previous applications of these frameworks and it subsequently notes the inconsistencies in these legal instruments and their implication on children. What follows is a detailed recommendation, this research work recommends that there is a need for the International Criminal Court to be meaningful for the protection of child soldiers, they are urged to focus specifically on crimes committed against children when drawing up indictments. The research further recommends that the issue of child soldiers being sexually violated won�t be an issue to be canvassed on if there is a law put in place to prevent children from being soldiers .

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urn:uuid:a454651f-3681-4bf9-bc1e-f0f9e7337b21