The Criminal Responsibility of Child Soldier Under International Criminal Law, Case Study: Northern Uganda and Democratic Repubic of Congo ( DRC)

The Criminal Responsibility of Child Soldier Under International Criminal Law, Case Study: Northern Uganda and Democratic Republic of Congo ( DRC)

Jacques KABANO

 

Abstract

Here and there across the globe  ‘’war’’ has been inevitable in human  history. Most of these wars have been included children under their armies. Despite international efforts to protect children where different instruments to protect children have been enacted, Children are kidnapped and recruited into soldiering and encourage committing international crimes as child soldiering itself is a crime. In this regard this paper talks about the criminal responsibility of child soldiers under international criminal law, the case of Northern Uganda and Democratic Republic of Congo; we will establish the case of Lord Resistance army rebels who captured many children from Congo and Northern Uganda to be used against the Republic of Uganda to which it is a main rebel opponent. These children have been used into different atrocities as it will be discussed in this paper .The crucial question which remains : are they criminally liable? To answer this question we will study different international law instruments with a critical comparison of child criminal psychology where we will examine the moral element of the crime commission. Finally it will be a time  examine the factors that excluding or including child soldiers prosecutions.

Keywords

Child soldiers, International Criminal Law, Prosecutions, Criminal responsibility
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