Indian Council of World Affairs

The impact of warfare and armed conflicts reverberates amongst people across all age groups. However, it is the children who face a particularly severe toll. A distressing outcome of armed conflicts is the intentional harm inflicted upon children through tactics employed by those engaged in conflict, such as the recruitment of child soldiers.[i]

This paper aims to analyse the involvement of child soldiers in armed conflicts on the African continent, delving into their recruitment and utilisation in the armed forces. Additionally, it examines the role of transformative justice as a crucial avenue for addressing the aftermath of such practices. 

The paper begins by explaining who a child soldier is and detailing the methods employed in their recruitment. It also briefly navigates through the intricacies of both international and African regional norms governing child soldiering. Next, it discusses how participation in an armed conflict impacts a child. It then explains the possibilities of transformative justice available for former child soldiers. The paper concludes by explaining the challenges in the protection, rehabilitation, and reintegration of (ex) child soldiers, providing a comprehensive understanding of the complexities surrounding this issue. 

Understanding ‘Child Soldiers’ 

Children, universally recognised as a vulnerable group, are considered to require and deserve protection and proper care, applicable both in times of peace and conflict. The practice of recruitment and employment of children in armed conflicts, known as child soldiering, is a particularly alarming scenario. This unsettling occurrence has its roots as deep as the history of warfare itself, posing a formidable challenge to the prevailing norms and regulations. 

The state parties involved in conflicts are obligated to prevent children from directly participating in hostilities within their armed forces.[ii] Child soldiers broadly refer to those individuals below 18 years old who are associated with armed groups, taking on various roles that may or may not involve active combat.[iii] However, various conventions and protocols, including those India is a part of, stipulate different age thresholds for different protective measures for children, with the most common age limit often outlined as ‘children under 15 years’. 

The recruitment of child combatants to armed forces and groups occurs through various means. Some are forcibly abducted and subjected to coercion, while others voluntarily join military factions to escape poverty, defend their communities, and seek revenge; it is also done for other motivations. In many of these conflict scenarios, children are not only involved in direct combat but also undertake support roles, exposing them to significant risks and hardships. These roles include tasks such as cooking, espionage, message delivery, and, distressingly, instances of exploitation as sex slaves and acts of terror as suicide bombers.[iv]

Since 1996, global concern regarding the impact of armed conflict on children has gained prominence, marked by Graça Machel’s report[v] presented in the United Nations General Assembly and the subsequent establishment of the Special Representative for Children and Armed Conflict mandate. This pivotal development has led to the formulation of a robust set of international and regional legal norms. 

The Convention on the Rights of the Child (CRC) is a pivotal international instrument that serves as both a human rights document and a guardian of International Humanitarian Law (IHL), with Article 38 explicitly addressing the issue of recruiting children for participation in hostilities. The first optional protocol to the CRC establishes 18 years as the minimum age for direct participation in the armed forces. Additional protocols to the Geneva Conventions provide further protection in international and non-international armed conflicts, specifying that children under the age of 15 should not participate in hostilities. The Rome Statute of the International Court of Justice designates the conscription or enlistment of children under 15 into the armed forces as a war crime. The United Nations Convention on the Worst Forms of Child Labour considers forced recruitment for armed conflict as one of the ‘worst forms of child labour’. The African Charter on the Rights and Welfare of the Child is the only regional treaty addressing child soldiers, obliging state parties to prioritise the child’s best interests and adhere to IHL rules in armed conflicts, ensuring measures for the care and protection of affected children. 

However, despite these international frameworks, the recruitment and use of child soldiers persists, particularly in Africa. In most armed conflicts in Africa, including those in Sierra Leone, Liberia, Mozambique, Sudan, the Democratic Republic of the Congo (DRC), Angola, Rwanda, Somalia, Cote d’Ivoire, and Burundi, children under the age of 18 have been recruited, coerced, and manipulated into joining government and rebel armies and civil militias. The exact number of child soldiers is challenging to determine, but it is estimated that Africa accounts for 40% of the total global estimate[vi], facing severe physical and psychological consequences. Efforts to address this issue involve a combination of legal measures, rehabilitation programmes, and international collaboration to prevent the recruitment and use of child soldiers in conflict zones. 

Impacts of Hostilities on a Child Soldier 

Due to their young age and limited life experience, child soldiers endure higher casualties compared to their adult counterparts. The consequences extend beyond the conflict’s cessation, often leaving them physically impaired or grappling with profound psychological trauma.^[vii]

These young individuals frequently confront direct exposure to violence, resulting in injuries or disabilities. Additionally, their involvement in armed conflict may subject them to torture as part of their preparation for violence, further increasing the likelihood of combat-related injuries. The testimonial of an ex-child combatant, who was recruited at the age of 15 by an armed opposition group in the DRC, vividly illustrates the harrowing experiences faced by child soldiers, including instances of sexual violence and coercion.^[viii]

The overall exposure to violence, the witnessing of atrocities, and active participation in armed conflict can inflict severe and lasting psychological trauma on these vulnerable individuals. In 2006, 39 former child soldiers from Mozambique, who are now adults, were studied. All of them experienced recurrent thoughts or memories of their past traumatic experiences.[ix]

Continuous exposure to violence can desensitise child soldiers to its effects. Commanders may initiate child recruits by forcing them to witness or commit abuses and killings in order to desensitise them to violence. Some children are forced to take part in atrocities against their own families and neighbours to stigmatise them and ensure that they are unable to return to their communities.[x]

Involvement in armed conflict often interrupts a child soldier’s education, limiting their future prospects and perpetuating cycles of poverty. Without adequate support and rehabilitation, some former child soldiers may be at risk of being re-recruited into armed groups or engaging in criminal activities. 

With a significant number of young children impacted, the potential long-term detriment to a nation’s productivity and growth becomes a pressing concern if not effectively addressed. To counteract this potential hindrance, transformative justice emerges as a crucial avenue, offering a comprehensive approach to help the ex-child combatants and mitigate the long-term consequences on both individual lives and the nation’s development prospects. 

Rebuilding Lives and Communities: Transformative Justice Available for Former Child Soldiers 

Transformative justice for child soldiers involves a holistic approach that goes beyond punishment, emphasising rehabilitation, reintegration, and the prevention of future involvement in armed conflicts. It recognises the potential for positive change in former child combatants and aims to address the root causes and consequences of their participation in armed conflicts. The 1996 Graça Machel report[xi] underscored the imperative for such comprehensive programmes, emphasising the urgent need to address the multifaceted challenges faced by child soldiers. This seminal report laid the foundation for subsequent international efforts to implement transformative justice measures for the rehabilitation and reintegration of child combatants globally, echoing the commitment to break the cycle of violence and promote sustainable peace. 

Top of FormRehabilitation initiatives play a pivotal role in addressing the physical and psychological traumas endured by the child soldiers. These programmes encompass trauma-sensitive counselling, therapeutic interventions, and skill development. The overarching goal is not only to heal immediate wounds but also to empower children with the tools necessary for reintegration into society. The International Rescue Committee’s (IRC) efforts in South Sudan, for instance, focus on providing a holistic support system through psychosocial assistance, education, and vocational training.[xii]

Securing access to education also plays a crucial role in the process of rehabilitation. Initiatives offer educational or vocational training options to assist former child soldiers in bridging educational gaps, acquiring fresh skills, and improving their prospects for employment. Organisations like War Child in Uganda emphasise a comprehensive approach. They provide formal education and vocational training tailored to the local context, such as agriculture or craft skills. By diversifying skill sets, these programmes enhance the employability of former child soldiers, contributing to their sustainable reintegration into society. 

Community-based efforts are essential for fostering acceptance and reducing stigma. By organising community dialogues, vocational training, and psychosocial support, such programmes help rebuild trust and understanding, facilitating the return of former child soldiers to their communities. World Vision’s ‘Peacebuilding, Education, and Advocacy (PBEA)’ programme in Sierra Leone engages communities in reintegration efforts.[xiii]

Effective social reintegration depends on support from families and communities. In many cases, reunification is impossible. Families may have perished in the conflict or may be untraceable.[xiv] Initiatives like the Family Reunification programme in Liberia ensure that the reunification process extends beyond communities to involve families directly, addressing family dynamics and strengthening the overall support network for reintegration. 

Transformative justice includes legal measures to hold perpetrators accountable. The International Criminal Court (ICC) has been instrumental in prosecuting those responsible for recruiting child soldiers. In the case of Thomas Lubanga from the DRC, the ICC charged him with enlisting and conscripting child soldiers, underlining the importance of legal accountability for war crimes.[xv]

Sierra Leone’s post-civil war period witnessed transformative justice efforts. The Truth and Reconciliation Commission (TRC) included child soldiers in its hearings, allowing them to share their experiences. The rehabilitation and reintegration programmes, coupled with TRC initiatives, contributed to rebuilding communities and fostering a sense of justice and reconciliation. The 1996 Graça Machel report on the ‘Impact of Armed Conflict on Children’ highlighted the urgent need for such comprehensive programmes, laying the foundation for subsequent international efforts. 

However, despite commendable initiatives, formidable challenges endure in the implementation of transformative justice for child soldiers. The constraints of limited resources pose a significant impediment, hindering the comprehensive delivery of rehabilitation and reintegration programmes essential for the holistic recovery of these individuals. Societal stigma further compounds the struggles, creating barriers to acceptance and understanding within communities, which are crucial for the successful reintegration of former child soldiers. The intricate nature of trauma-informed care adds another layer of complexity, demanding tailored approaches to address the unique psychological and emotional needs of these individuals. Achieving transformative justice requires a continuous commitment to surmount these obstacles. 

Conclusion: Nurturing Hope Beyond Conflict 

In the wake of armed conflicts that have plagued the African continent, the plight of child soldiers stands as a stark reminder of the brutality that unfolds on the battleground. The recurring theme of recruitment, coercion, and exploitation of children within armed groups highlights the urgent need for a collective commitment to change the narrative. 

As the international community grapples with the persistent challenge of child soldiering, a resounding call for transformative justice echoes across borders. The myriad initiatives and programmes aimed at rehabilitation, education, and legal accountability are beacons of hope, illuminating a path towards a future where the scars of conflict don’t become permanent imprints on the lives of the youngest victims. Yet, challenges persist, and the journey towards effective solutions is ongoing. 

As we contemplate the aftermath of warfare on the most vulnerable, it becomes imperative to envision a future where every child is shielded from the horrors of armed conflicts. In charting this path forward, the collective commitment to transformative justice becomes not only a necessity but also a testament to our shared responsibility in fostering a world where the innocence of childhood is preserved, even in the face of adversity.

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*Nithyakalyani Narayanan. V, Research Intern, Indian Council of World Affairs, New Delhi
Disclaimer: Views expressed are personal.

Endnotes

[i] Østby, G., Rustad, S. A., Haer, R., & Arasmith, A. (2022, July 15). Children at risk of being recruited for armed conflict, 1990–2020. Children & Society, 37(2), 524–543. https://doi.org/10.1111/chso.12609.

[ii] Article 1, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

[iii] The Principles and Guidelines on Children Associated with Armed Forces or Armed Groups. (2007, February). In https://childrenandarmedconflict.un.org/publications/ParisPrinciples_EN.pdf. United Nations. Retrieved February 21, 2024.

[iv] Child Recruitment and Use. (n.d.). Office of the Special Representative of the Secretary-General for Children and Armed Conflict. Retrieved February 21, 2024, from https://childrenandarmedconflict.un.org/six-grave-violations/child-soldiers/.

[v] United Nations General Assembly. (1996, August 26). Impact of armed conflict on children. In https://www.onlinelibrary.iihl.org/wp-content/uploads/2021/04/Machel-Report-Impact-Armed-Conflict-Children-EN.pdf (A/51/306). Retrieved February 21, 2024.

[vi] Francis, D. J. (2007). “Paper Protection” Mechanisms: Child Soldiers and the International Protection of Children in Africa’s Conflict Zones. The Journal of Modern African Studies, 45(2), 207–231. http://www.jstor.org/stable/4501279.

[vii] Stop the Use of Child Soliders - Statements and Resolutions. (2023, March 2). Human Rights Watch. https://www.hrw.org/news/2001/06/01/stop-use-child-soliders-statements-and-resolutions.

[viii] Ibid.

[ix] Boothby, N., Crawford, J., & Halperin, J. (2006). Mozambique child soldier life outcome study: lessons learned in rehabilitation and reintegration efforts. Global public health, 1(1), 87–107. https://doi.org/10.1080/17441690500324347

[x] Coercion and Intimidation of Child Soldiers to Participate in Violence: Introduction. (n.d.). https://www.hrw.org/legacy/backgrounder/2008/crd0408/1.htm#:~:text=In%20some%20conflicts%2C%20commanders%20supply,to%20desensitize%20them%20to%20violence

[xi] Supra note 5.

[xii] Women's Refugee Commission, Only Through Peace: Hope for Breaking The Cycle of Famine and War in Sudan, September 1999, https://www.refworld.org/reference/countryrep/wcr/1999/en/61338 [accessed 21 February 2024]

[xiii] Our Work Peacebuilding. (n.d.). World Vision. Retrieved February 21, 2024, from https://www.wvi.org/our-work/peacebuilding.

[xiv] White. (n.d.). Addressing the needs of children in conflict. In https://ww1.odu.edu/content/dam/odu/offices/mun/docs/first-children.pdf. ODUMUNC 2024 Issue Brief First Committee, Disarmament & International Security. Retrieved February 21, 2024.

[xv] Situation in the Democratic Republic of the Congo, in the case of the Prosecutor v. Thomas Lubanga Dyilo. (2024, February 12). Refworld. https://www.refworld.org/jurisprudence/caselaw/icc/2012/en/85486