The US has recently sanctioned fifteen countries, including Pakistan, for recruiting or using child soldiers – individuals younger than 18 years of age who are utilized by armed forces or groups in any capacity. This alignment with the Child Soldiers Prevention Act (CSPA) of 2008 sheds light on the alarming global issue of combat-children.
A Rundown on the Child Soldier Recruiter List
Yearly, the US publishes a Trafficking in Persons (TIP) report, displaying foreign governments known to employ child soldiers. In the current list, countries such as Turkey, Afghanistan, Myanmar, Iran, Iraq, Nigeria, and Yemen have found their names alongside Pakistan. The United Nations has attested that over 7,000 children were recruited and used as soldiers in 2019. Under the CSPA, the US refrains from supplying military assistance, in cash or kind, to countries that engage child soldiers.
Global Stance Against Child Soldiers
Both the UN Convention on the Rights of the Child (CRC) and the additional protocols of the Geneva Conventions prohibit recruiting or using children under 15 as soldiers. Notably, the CRC insists that childhood, a period extending until 18 years, should be preserved, facilitating children’s dignified growth and development. On the other hand, the Geneva Conventions aim at safeguarding individuals not participating or no longer involved in hostilities.
Moreover, the Optional Protocol to the CRC discourages compulsorily recruiting children below 18 into state or non-state armed forces. Similarly, the Rome Statute of the International Criminal Court identifies recruiting child soldiers as a war crime. Furthermore, the UN categorizes the employment of child soldiers among six grave violations, along with child-killing, sexual violence, abduction, attacks against schools or hospitals, and denial of humanitarian access.
Limitations of the Conventional Protections
Despite the global conventions, their limitations lie in their scope and practicability. UN mechanisms bind only ratifying state parties, and non-state entities using child soldiers are beyond their reach. Additionally, these treaties heavily rely on signatories to enforce their doctrines and curb human rights abuses. Since the UN lacks a police power mechanism, the effectiveness of its treaties hinges on states’ willingness to cooperate.
The Situation in India
While not widespread, the child soldier phenomenon does exist in India, especially within insurgent organizations in northeastern regions and militant factions in Kashmir. Also noteworthy is the presence of child soldiers in Maoist-affected areas across several Indian states. Despite allegations against the Indian security forces’ exploitation of children, the government has denied such accusations.
India’s Response
India is a party to both the CRC and its Optional Protocol, acceding in November 2005. Several Child Rights enshrined in the CRC are also encapsulated within India’s Constitution as Fundamental Rights and Directive Principles of State Policy. Specifically, Article 39 (f) guarantees children freedom, dignity, and protection against exploitation. Recruiting persons under 18 years for hostilities is criminalized under the Indian Penal Code. Notably, recruitment in the Central Armed Police Forces (CAPF) is limited to individuals above 18.
A Step Towards Change
A globally concerted effort is required to address the problem of child soldiers genuinely. The international community can leverage tools like the CRC and its Optional Protocol to safeguard children, but compliance is crucial for effectiveness. Moreover, global campaigns like the 2014 UNICEF-launched “Children, Not Soldiers” can invoke political will and international support. Last but not least, our collective efforts should focus significantly on reintegrating former child soldiers into society.
Last Modified: February 15, 2024