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The practice of using children to participate in conflict has
become a defining characteristic of 21st century warfare and is the
most recent addition to the canon of international war crimes. This
text examines the development of this crime of recruiting,
conscripting or using children for participation in armed conflict,
from human rights principle to fully fledged war crime, prosecuted
at the International Criminal Court. The background and reasons for
the growing use of children in armed conflict are analysed, before
discussing the origins of the crime in international humanitarian
law and human rights law treaties, including the Convention on the
Rights of the Child and its Optional Protocol. Specific focus is
paid to the jurisprudence of the Special Court for Sierra Leone and
the International Criminal Court in developing and expanding the
elements of the crime, the modes of ascribing liability to
perpetrators and the defences of mistake and negligence. The
question of how the courts addressed issues of cultural
sensitivity, notably in terms of the liability of children, is also
addressed.
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