INTERNATIONAL LEGAL REGULATION OF PREVENTING THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

Authors

  • Sergiy Bilotsky
  • Ivan Krainii

DOI:

https://doi.org/10.17721/apmv.2024.159.1.80-85

Abstract

The article is devoted to defining the essence and peculiarities of application of the norms of international law in cases of involvement of children in armed conflicts. The article establishes that in the course of development of international law, a number of international instruments, both legally binding and non-binding, have been adopted in order to minimize the risks to which children involved in armed conflicts are exposed. Such instruments pay special attention to the issue of the minimum age of children involved in hostilities and the types of actions that should be prevented in this regard. The gradual process of codification of the international legal protection regime for children has undoubtedly improved their overall protection from the impact of armed conflict. The author draws the following conclusions. The recruitment of children under the age of 15 is directly prohibited by the Convention on the Rights of the Child, the I and II Additional Protocols to the Geneva Conventions, as well as customary international humanitarian law. In addition, the recruitment of children into armed forces is a crime under the Rome Statute. Military duty and the forced recruitment of children under the age of 18 are prohibited by the Optional Protocol and International Labor Organization Convention No. 182. States must take comprehensive measures at the national level to fulfill their obligations regarding the recruitment of children and their participation in hostilities. The implementation of international obligations at the national level undoubtedly begins with the adoption of laws, which are then followed by regulatory and practical measures. Effective protection of the rights of the child, in particular with regard to the involvement of children in armed conflict, is based on such legal documents.

Downloads

Published

2024-07-29