La protection des enfants au cœur des premières poursuites intentées devant la Cour pénale internationale et le tribunal spécial pour la Sierra Leone
The protection of children in the middle of the first prosecutions before the international court and the special court for Sierra Leone. The minor’s situation in armed conflict is particularly worrying especially with regard to child soldiers. Often recruited by coercion, more and more child soldie...
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| Format: | Article |
| Language: | English |
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Ecole Nationale de Protection Judiciaire de la Jeunesse
2009-01-01
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| Series: | Sociétés et Jeunesses en Difficulté |
| Subjects: | |
| Online Access: | https://journals.openedition.org/sejed/4933 |
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| Summary: | The protection of children in the middle of the first prosecutions before the international court and the special court for Sierra Leone. The minor’s situation in armed conflict is particularly worrying especially with regard to child soldiers. Often recruited by coercion, more and more child soldiers can be found in the armies or in the opponents’ ranks and on the battle field. On this count, international humanitarian law has only recently taken into account children’s specificities. It is only with the creation of international (icc) or internationalized (scsl) jurisdictions that a system for protecting children and preventing their recruitment has actually been established. Thus, enlisting, conscripting and using children (under 18 or under 15, depending on the jurisdiction’s statutes), to participate in active hostilities are serious violations of the laws and customs applicable in international armed conflict laws. In this respect, some of the great figures of contemporary armed conflicts, such as Thomas Lubanga Dyilo (Democratic Republic of the Congo) or Charles Taylor (Liberia), were prosecuted before these jurisdictions for enlisting children. These cases gave the opportunity to clarify the scope and definition of this incrimination. This legal precedent shows that the international community shows a special and increasing interest concerning children in armed conflicts. |
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| ISSN: | 1953-8375 |