CHAPTER ONE

INTRODUCTION

1.0. BACKGROUND

Armed conflicts with devastating effects have been part of mankind since time immemorial and thesedays, there are easily accessible light weapons and even more destructive weapons, leaving a large number of the wounded, maimed and dead in their wake. Children all over the world constitute the largest and most powerless members of the society and; it used to be assumed that adults had the best interests of children at heart and there was no need to think in terms of children’s rights or their protection. This idealized perception of adult-child relationship ignored the grim realities of our world today.It is virtually impossible to watch international television stations like Cable News Network (CNN) or British Broadcasting Corporation (BBC) without hearing or seeing the sufferings of children in one part of the world or the other.

On these international television stations, the glares of child soldiers with their oversize ‘AK-47’ weapons from war torn countries, calls out to the world to end these endless and senseless wars. Luckily, Nigeria has not experienced these horrors although she had had to contend with refugees from war torn countries, faced her own various communal, ethnic and sectarian clashes. The Niger Delta insurgency readily comes to mind; and in all these situations, the people who are most affected are the innocent children. It is children who are increasingly becoming the principal victims of hostilities and acts of violence perpetrated in the course of armed conflicts. Children are often in greater danger than adults during armed conflicts – the danger and form of harm to which children are subjected to, is specific to them due to their innocence, vulnerability and age.

In order to prevent the use of children and ensure their protection during armed conflicts and most especially, to bring to justice all those engaged in such callous acts, preventive and counter measures must be perfected.This work is an inquiry into the consequences of traumatic man made actions which were borne out of flawed leadership and greed for money and power and, of political failure by our leaders to prevent the tragedy that has befallen an entire, defenseless population and; how international justice is confronting the aura of impunity to justice of all those involved in this unlawful creation, called Child Soldiers or Child Combatants (which shall be used interchangeably throughout this research work).

1.1. STATEMENT OF THE RESEARCH PROBLEM

The use of child soldiers poses a challenge to moral norms and legal regulations guiding the conduct of warfare. The direct involvement of children in armed conflicts has dire implications for the development of children and the society as a whole. Child soldiering is a relatively new phenomenon even though it has quickly gained notoriety, and it is not restricted to any continent or region of the world but fortunately, Nigeria has been spared such horrors. There is however scarcity of relevant authorities on the subject, either in our public or private libraries, and even those found on the internet are restricted or too costly.

Most of the available authorities on child soldierswere not focused on the liability of child soldiers, and their recruiters and commanders. With the foregoing, several research questions therefore beg for answers:Who are combatants? Are child soldiers liable for their actions? What are the legal prohibitions of the use of child soldiers? Are the recruiters and commanders of child soldiers liable? How is international justice combating the aura of impunity to justice of the recruiters and commanders of child soldiers? Answers to these and other important questions are the bedrock of this study.

1.2. OBJECTIVES OF THE RESEARCH

This work attempts to focus on how international justice is used to protect the fundamental human rights of children during armed conflicts, most especially, as active participants. And how it is also been used to confront and combat the atrocities of their recruiters, commanders and the perpetrators of these callous atrocities in order to de-mystify the aura of impunity surrounding such misdeeds.We shall attempt to answer the above questions and many more, posed in our statement of the research problem, and this shall be done with reference to relevant laws, practical applications and thereafter, proffer our findings andrecommendations tothe issues so raised.

1.3. SIGNIFICANCE OF THE STUDY

Many victims of atrocities were denied justice for such crimes and many more, continue to suffer gross human rights violations during armed conflicts. The aura of impunity surrounding such atrocities has provided a fertile ground for the commission of new horrendous crimes, which must not be left unpunished. It is noticed that not much research had been done on how perpetrators of war crimes are dealt with, in order to avert further atrocities and help reduce and stop it.

This issue must be investigated and given appropriate attention, especially with post-war or post-conflict reconstruction and peace building efforts.

Our work is designed to address some of the salient issues which many other authorities have so far ignored. Considering the lack of good relevant materials on this issue in Nigeria, ourresearch will be of great value to judges, legal academics, private practitioners, students, legislators, sociologists, social workers and, would hopefully help in shaping policy and judicial thrust. We shall try to highlight the nature, forms, causes and effects of child soldiering on both children and the society. We shall examine the culpability of both child soldiers and their recruiters and; how the law prohibits this phenomenon, and how the law is been used to bring justice to all concerned.

1.4. SCOPE OF THE RESEARCH

This study is not restricted to any country or region of the world, but it rather encompasses recent developments of the law in this area within a global perspective. We have triedto depart from previous studies by examining the roles and restriction placed on the use of children in armed conflicts, and the aura of impunityto justice surrounding their recruiters. We shall highlight the provisions of the law designed to combat the illegal use of child soldiers and, focus on those aspects of the law that has direct relevance to the illegal use of child soldiers, and how international justice redresses such impunity to justice.

1.5. RESEARCH METHODOLOGY

A doctrinal research methodology is adopted in the conduct of this work. Some of the information in this research work are from primary sources like statutes, conventions, protocols, and case law. The bulk of the information however, consist of secondary sources from relevant and authoritative books, writings and opinion of leading experts in articles, journals, magazines, newspapers, periodicals and the internet. The footnote method of referencing shall be used while all sources will be duly acknowledged, with a bibliography of all the materials consulted made at the end of chapter five.

1.6. LITERATURE REVIEW

Armed conflicts are meant to be conducted with some form of civility under international humanitarian law. There are codes which all warring groups are expected to obey during armed conflicts. With regards to these laid down procedures on how armed conflicts are to be conducted, this research work tries to highlight the special provisions of international justice designed to protect and prevent the use of children during armed conflicts. Dramatic changes in the conduct of armed conflicts in recent times has however taken on a new dimension, including killing and raping of innocent women and children, children forced into combat and yet, no culprits are held responsible for these crimes. Although there is now a worldwide focus on the subject of child soldiers, the lack of many relevant authorities on the liability of child soldiers and, on the impunity and culpability of their recruiters and commanders is noticed.

Most available authorities on child soldiers focuses mainly on issues such as the use of children as combatants, deprivation of their childhood, the societal effects, post conflict reconstruction, peace building and reintegration of such societies.All these taken as a whole, dictated our approach, in which we have aimed not only to examine and appreciate what others have done in this area and of course, to benefit from their work, but also to examine the liability of child soldiers and, the culpability and impunity of recruiters of child soldiers under the international justice system. Most of the available authorities cover hypothetical issues, while we have tried to cover more practical issues. The central themes of some of our consulted books as serialized below are briefly highlighted: