This book commences with an analysis of the current state of child
soldiering internationally. Thereafter the proscriptive content of
contemporary norms on the prohibition of the use and recruitment of
child soldiers is evaluated, so as to determine whether these norms
are capable of better enforcement. An 'issues-based' approach is
adopted, in terms of which no specific regime of law, such as
international humanitarian law (IHL), is deemed dominant. Instead,
universal and regional human rights law, international criminal law
and IHL are assessed cumulatively, so as to create a mutually
reinforcing web of protection. Ultimately, it is argued that the
effective implementation of child soldier prohibitive norms does
not require major changes to any entity or functionary engaged in
such prevention; rather, it requires the constant reassessment and
refinement of all such entities and functionaries, and here, some
changes are suggested. International judicial, quasi-judicial and
non-judicial entities and functionaries most relevant to child
soldier prevention are critically assessed. Ultimately the
conclusions reached are assessed in light of a case study on the
use and recruitment of child soldiers in the Democratic Republic of
the Congo.
General
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