An Investigation and Case Analysis of the Legal Protections for Children in Armed Conflict under International Law

Abstract

This dissertation investigates the international law governing the application and enforcement of children’s rights in international and non-international armed conflicts, with a focus on the role of international institutions in safeguarding the rights and protections provided to children under existing aspects of international humanitarian, human rights, and criminal law.1

The dissertation assesses the claim that while international law made significant advances in protecting children's rights, particularly in the sphere of international human rights law, it has been significantly less effective at ensuring equivalent protections in the arena of international humanitarian law. 2 The non-uniform interpretation and ineffective enforcement of international rules applicable to children in armed conflicts have, it is argued, created a legal vacuum for bad faith actors to exploit children for military purposes, or to target children as potential combatants.3 These abuses of international law have too often been perpetrated with impunity or, at the very least, in the absence of effective legal remedies and sanctions for parties involved in such activities.