Child soldiers of Hamas

Most child soldiers are used by non-governmental armed political groups. How can they be stopped from using child soldiers?

Non-governmental armed groups are not bound by international law in the same way as governments. However, child soldier recruiters may face prosecution by the International Criminal Court, established in 1998. The statute of the court defines the use of children under 15 in hostilities as a war crime. The court announced its first investigations in 2003, in the Democratic Republic of Congo and Uganda, where child soldiers have been extensively used by armed groups. In 2006 it prosecuted a Congolese warlord for recruitment of child soldiers.

The Special Court for Sierra Leone issued its first indictments in 2003, including against former Liberian president Charles Taylor. The indictments included charges of recruiting or using children under the age of 15 in hostilities. The court was established in 2002 to prosecute those suspected of responsibility for war crimes and crimes against humanity during the 1991-2002 war.

For updated information on prosecutions by the International Criminal Court (ICC)  and the Special Court for Sierra Leone see developments.

Prosecutions of child recruiters may serve as a deterrent to armed groups in future. Some armed groups are seeking international legitimacy and support for their political objectives. Negative publicity arising from child soldier use might undermine such support and lead to pledges and action to stop the practice. Armed groups may also respond to pressure from governments tacitly supporting their activities or providing military or other assistance. In some cases armed groups may be open to negotiations with governments or the UN aimed at demobilizing child soldiers. If children continue to be used, Child Soldiers International considers that the international community should act decisively with targeted sanctions and prosecutions to stop the operations of such groups.