AN ANALYSIS OF THE LEGAL FRAMEWORK PROHIBITING CHILDREN’S PARTICIPATION IN ARMED CONFLICTS: CHALLENGES AND PROSPECTS
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The recruitment and use of children in armed conflict remains one of the most persistent violations of international humanitarian law and international human rights law. Despite the existence of an extensive normative framework prohibiting child soldiering, including the Geneva Conventions and their Additional Protocols, the Convention on the Rights of the Child and its Optional Protocol, and the Rome Statute of the International Criminal Court, the practice continues across both international and non-international armed conflicts. This study examines the effectiveness of international legal mechanisms designed to prevent the recruitment and use of children in hostilities, and the extent to which these mechanisms have been enforced in practice. Adopting a doctrinal research methodology, the study analyses international treaties, customary international humanitarian law, decisions of international and hybrid criminal tribunals, and relevant United Nations instruments. Through case studies drawn from Africa, the Middle East, and Eastern Europe, the research highlights the evolving nature of armed conflict, the blurred distinction between voluntary and forced recruitment, and the increasing involvement of non-state armed groups. The findings reveal that while the international legal framework has achieved normative clarity, enforcement remains uneven and largely dependent on political will, domestic incorporation, and international cooperation. The International Criminal Court and other accountability mechanisms have contributed to the development of jurisprudence on child soldiering, yet significant gaps persist in prevention, prosecution, and post-conflict reintegration. The study concludes that strengthening domestic implementation, enhancing international cooperation, and prioritising child-centred reintegration strategies are essential to closing the enforcement gap. By providing a comprehensive legal and theoretical analysis, this research contributes to ongoing scholarly and policy debates on child protection, accountability, and the future of international humanitarian law.
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