CYIL vol. 12 (2021)

CYIL 12 (2021) TOWARD STRENGTHENING ACCOUNTABILITY FOR CRIMES AGAINST CHILDREN … The notion “maiming” includes “any action that causes a serious, permanent, disabling injury, scarring or mutilation to a child.” 28 Some authors prefer the term “ill-treatment” arguing that this word would also cover acts of torture and inhuman or degrading treatment or punishment. 29 The prohibition of torture is a ius cogens rule of international law and has a widely accepted definition. 30 In principle, the definition can be also used in the context of an armed conflict with the caveat that torture does not have to be committed by a state or public official. 31 I decided to use the UN terminology also because the word “maiming” perhaps better reflects the fact that it includes actions taken in the conduct of hostilities. As we will see, different forms of torture can be reported under this category but also under the heading “sexual violence.” From the ICL point of view, many serious violations under the rubric “killing and maiming” can be qualified as war crimes. 32 If those acts are committed as part of a widespread or systematic attack directed against civilian population, they can reach the threshold of crimes against humanity. 33 In cases where children are members of a particular national, ethnic, racial, or religious group and the attacks were intended to destroy the group “in whole” or “in part,” they might meet the definitional elements of the crime of genocide. 34 3.2 Recruitment and use The recruitment of children and their subsequent use in hostilities has been a tragic feature of many present-day armed conflicts. Psychological manipulation of those who are not yet fully capable to assess the consequences of their actions or are coerced into violence leads to the spiral of violence and lifelong trauma. Children become weapons of war which transforms into a “war fought by children on children.” 35 It is impossible to estimate how many children in the world have been subject to recruitment. The figure of 300,000 child soldiers often used as a reference point is questioned by some organizations. 36 The Secretary-General’s most recent annual report on children and armed conflict confirms that in 2019, some 7,747 children, some as young as 6, were verified as having been recruited and used. 37 Despite the fact that the problem of child soldiers attracted universal condemnation, the international community has not been able to eradicate it. Some of the reasons are cultural considerations, military strategic exigencies, economic demands, and the ease with which 28 United Nations Children’s Fund (UNICEF), Field Manual: Monitoring and Reporting Mechanism (MRM) on Grave Violations Against Children in situations of Armed Conflict (June 2014), 9, https://childrenandarmedconflict. un.org/wp-content/uploads/2016/04/MRM_Field_5_June_2014.pdf (Accessed on 24 May 2021). 29 Fatima, Protecting Children , p. 106. 30 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, 1465 UNTS 85. 31 Fatima, Protecting Children , p. 128. 32 See e.g., Rome Statute, Article 8(2)(a)(i), Article 8(2)(a)(ii), Article 8(2)(a)(iii), Article 8(2)(b)(i), Article 8(2)(c) (i), Article 8(2)(c)(ii), Article 8(2)(e)(i). 33 Ibid. , Article 7(1)(a), Article 7(1)(b), Article 7(1)(f ), Article 7(1)(k). 34 Ibid. , Article 6(a), Article 6(b), Article 6(c). 35 United Nations Vienna, “Uganda: Child soldiers at centre of mounting humanitarian crisis,” https://unis. unvienna.org/documents/unis/ten_stories/01uganda.pdf (Accessed on 24 May 2021). 36 Child Soldiers International, “5 child soldiers myths,” https://reliefweb.int/report/world/5-child-soldier-myths (Accessed on 24 May 2021). 37 UN Doc. A/74/845-S/2020/525 of 9 June 2020, para. 6.

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