Children And War; Towards A Comprehensive Legal Approach To The Problem Of Child Soldiers In Africa

TABLE OF CONTENT

DECLARATION

DEDICATION

APPROVAL

ACKNOWLEDGEMENT

LIST OF ABBREVIATIONS 

TABLE OF CONTENT

CHAPTER ONE

INTRODUCTION

1.1 Background to the study

1.2 Research questions

1.3 Significance of the study

1.4 Literature review

1.5 Methodology

1.6 Limitations of the study

1. 7 Overview of chapters

CHAPTER TWO

THE LEGAL PROTECTION OF CHILD SOLDIERS IN AFRICA

2.1 Introduction

2.2 The four Geneva Conventions and the two Additional Protocols

2.3 Convention on the Rights of the Child

2.4 African Charter on the Rights and Welfare of the Child

2.5 The Rome Statute of the International Criminal Court (ICC)

2.6 ILO Worst Forms of Child Labour Convention

2.7 The Optional Protocol on the Involvement of Children in Armed Conflict

2.8 Conclusion

CHAPTER THREE

CHILD SOLDIERS IN AFRICA: IN SEARCH OF ADEQUATE LEGAL PROTECTION

3.1 Introduction

3.2 International humanitarian law

3.3 International human rights law

3 .3 1 General

3.3.2 The "straight 18" position: Reasons for resilience

3.3.3 The nature of state obligation

3.3.4 Direct and indirect participation in hostilities

3.3.5 Voluntary recruitment

3.3.5.1 How voluntary is 'voluntary"?

3.3.5.2 Double standard as "no standard"

3.3.6 Disarmament, demobilization and reintegration (DDR)

3.3.7 Girl soldiers

3.3.8 Cross-border recruitment

3.3.9 Enforcement

3.4 International criminal law

3.5 Conclusion

CHAPTER FOUR

CALLING CHILD SOLDIERS TO ACCOUNT

4.1 Introduction

4.2 Child soldiers: Is there a need for their accountability?

4.3 Prosecution of child soldiers

4.3 .1 General

3.2 Age of criminaI responsibility

4.3.3 Trial of child soldiers

4.4 Non-prosecution alternatives to accountability

4. 5 Conclusion

CHAPTER FIVE

CONCLUSION AND RECOMMENDATIONS

5.1 Introduction

5. 2 Conclusion

5. 3 Recommendations

BIBLIOGRAPHY