Children and Armed Conflict under International Humanitarian Law

Armed conflicts have devastating consequences for all civilians, but none more so than children. Their vulnerability—both physical and psychological—makes them disproportionately affected by the horrors of war. International Humanitarian Law (IHL), also known as the law of armed conflict, seeks to protect children in both international and non-international armed conflicts. Despite legal safeguards, violations against children—recruitment as child soldiers, abduction, sexual violence, and denial of humanitarian access—persist globally.

This article delves into the legal framework under IHL that seeks to protect children in situations of armed conflict, its application, challenges in enforcement, and evolving international jurisprudence.

Impact of Armed Conflict on Children

Children face multifaceted threats during armed conflict, including:

• Recruitment and use as child soldiers
• Death and injury from direct attacks
• Displacement and loss of family members
• Psychological trauma
• Disruption of education and access to health care
• Abduction, rape, and other forms of sexual violence

In 2023 alone, the UN verified over 24,000 grave violations against children in conflict zones.

International Legal Framework Protecting Children in Armed Conflict

1. Geneva Conventions and Additional Protocols

The Geneva Conventions of 1949 and their Additional Protocols of 1977 provide the core legal framework protecting children:

• Common Article 3 of the Geneva Conventions applies to non-international conflicts and prohibits violence to life and person, taking hostages, and degrading treatment of civilians, including children.

Article 77 of Additional Protocol I (1977):

• Children must be the object of special respect and protected against any form of indecent assault.
• The recruitment of children under the age of 15 into the armed forces is prohibited.
• If children participate in hostilities and are captured, they continue to benefit from special protection.

Article 4(3)(c) of Additional Protocol II (1977) explicitly prohibits the recruitment and participation of children under 15 in hostilities in non-international armed conflicts.

2. Convention on the Rights of the Child (CRC), 1989 and Optional Protocols

The CRC is the most widely ratified human rights treaty in the world and enshrines the “best interests of the child” principle (Article 3).

Article 38 of the CRC:

• Urges states to ensure no child under 15 takes part in direct hostilities.
• Reaffirms obligations under the Geneva Conventions.
• Optional Protocol on the Involvement of Children in Armed Conflict (2000):
• Raises the minimum age of direct participation and compulsory recruitment to 18 years.
• Encourages states to take “all feasible measures” to prevent non-state armed groups from recruiting children under 18.

3. Rome Statute of the International Criminal Court (ICC)

Article 8(2)(b)(xxvi) and Article 8(2)(e)(vii) classify the conscription, enlistment, or use of children under 15 in hostilities as a war crime in both international and non-international armed conflicts.

The Lubanga Case (2012) was the first ICC conviction of a Congolese militia leader for enlisting and using child soldiers, setting a precedent in international criminal law.

4. UN Security Council Resolutions and Monitoring Mechanisms

The UN Security Council (UNSC) has adopted several resolutions to address grave violations against children in armed conflict. Key resolutions include:

Resolution 1261 (1999) – First to recognise the impact of armed conflict on children.

Resolution 1379 (2001) – Established a list of parties to the conflict who recruit/use children.

Resolution 1612 (2005) – Created the Monitoring and Reporting Mechanism (MRM) and the Office of the Special Representative of the Secretary-General (SRSG) for Children and Armed Conflict.

The UNSC identifies six grave violations:

1. Recruitment and use of children
2. Killing and maiming
3. Sexual violence
4. Abduction
5. Attacks on schools or hospitals
6. Denial of humanitarian access

Prohibition of Recruitment of Child Soldiers

Non-State Armed Groups

One of the significant challenges is the recruitment of children by non-state armed groups. Though international treaties primarily bind state actors, UNSC Resolution 1539 (2004) calls upon non-state actors to adhere to international norms.

Demobilisation, Rehabilitation, and Reintegration (DDR)

Programs under the UN and international NGOs focus on:

• Reintegrating former child soldiers into society
• Providing psychological and educational support
• Ensuring legal and social protection

Myanmar Conflict Sees Alarming Rise in Child Rights Violations: UN Report

A UN report reveals a sharp escalation in grave violations against children in Myanmar, with a staggering 400% increase recorded between July 2020 and December 2023. The rise is attributed to widespread violence following the 2021 military coup and the emergence of new armed actors. Over 5,100 grave violations were verified against more than 4,000 children, with the Myanmar Armed Forces and affiliated militias responsible for 80% of them.

The most common abuses included the recruitment and use of children (40%), killing and maiming (30%), and abductions. Shockingly, child detentions rose by 1,175%, while attacks on schools and hospitals surged by 1,340%. The report also highlights over 1,000 child casualties in 2023 alone due to landmines and explosive remnants of war.

UN Special Representative Virginia Gamba condemned the violence and urged all parties, especially the Myanmar Armed Forces, to end these violations, release detained children, and adhere to international child protection standards. She emphasised the need for reintegration support, humanitarian access, and action plans to prevent further harm. The UN called on the global community to step up aid for education, medical care, and demining efforts to protect Myanmar’s children amidst ongoing conflict and natural disasters.

Challenges in Implementation

Despite a robust legal framework, several challenges hinder the effective protection of children in conflict:

• Impunity: Many violators, especially in non-international conflicts, escape justice due to weak enforcement mechanisms.
• Access to conflict zones: Monitoring bodies often lack safe and sustained access to verify violations.
• Lack of political will: States may be reluctant to prosecute or investigate national armed forces or proxies.
• Involvement of children in non-combat roles (messengers, spies, porters) which blurs the legal threshold of participation in hostilities.

Role of the International Community

The international community must adopt a holistic approach:

• Diplomatic Pressure: States and the UN must pressure governments and armed groups to cease violations.
• Humanitarian Aid: Increased funding for child protection and education in emergencies is crucial.
• Support for Peacebuilding: Peace processes must include child protection provisions and address the needs of child victims.
• Universal Ratification of OPAC: Countries that have not ratified the Optional Protocol should be encouraged to do so.

Conclusion

Protection of children during armed conflict is not merely a legal imperative but a moral one. IHL provides a strong foundation, yet the real challenge lies in implementation, accountability, and political commitment. As conflicts become more protracted and complex, the international community must renew its resolve to safeguard the most vulnerable. The law must not just be written—it must be enforced, and children must be shielded from the scourge of war with every means possible.

References

[1] Geneva Conventions, 1949 & Additional Protocols, 1977

[2] Convention on the Rights of the Child, 1989

[3] Optional Protocol on the Involvement of Children in Armed Conflict, 2000

[4] Rome Statute of the International Criminal Court, 1998

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