AN APPRAISAL OF THE STATUS AND TREATMENT OF CHILD COMBATANTS CAPTURED IN ARMED CONFLICT

ABSTRACT

Child combatants are children who are used for any military purpose. This research examines the status and treatment of child combatants captured in armed conflicts. Children who take direct part in international armed conflict are recognized as combatants and in the event of their capture are entitled to prisoner of war status under Geneva Convention III. The research discusses the legal framework for the status and treatment of child combatants. The research shows that under international humanitarian law in both international and internal armed conflicts, children under 15 years of age are accorded special protection. This research undoubtedly gives effect to the principle that child victims of war must be protected. The research also discussed the challenges militating against the prevention and protection of child combatants, which include the binding nature of international humanitarian legislation, impunity, poor responsibility for protection of children, bottom-up approach, age limit for the participation of children in armed conflicts, and the limited resources of NGOs. Regrettably, the very nature of today’s conflicts means that even greater efforts need to be made on the ground, to save children from the horrors of war and to help them rebuild their lives once the conflict is over. The research therefore recommends that governments should train and educate the judiciary, the police, security personnel and armed forces in humanitarian and human rights law. There should be prompt, impartial and exhaustive investigation into all violations against children and hold accountable all responsible government and non-government forces.