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Child recruitment as a crime under the rome statute of the International Criminal Court

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Chapter Summary

Children have always participated in armed conflict. Over the past few decades, however, the recruitment and use of child soldiers has become a matter of increasing international concern. The Secretary- General, in his 2005 report to the Security Council on children and armed conflict, listed 42 parties which were recruiting or using children in some eleven armed conflicts around the world. This chapter analyses the relevant provisions in the Rome Statute to elucidate better their meaning. In order to do so, it not only paid attention to the provisions of the Rome Statute and the activities of the ICC, but also to the Special Court for Sierra Leone, the Statute of which includes a near-identical provision and where all the defendants appearing before the Court have been charged with child recruitment. Child recruitment is a crime within the ICCs jurisdiction whether committed in an international or a non-international armed conflict.

Keywords: armed conflict; child recruitment; International Criminal Court (ICC); Rome Statute; Security Council; Sierra Leone



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