Judicial Consequence of Being a Child Soldier. Are Child Soldiers Really Victims?


  1. Law of Agency? Who is responsible for child soldiers?

There is literature out there to suggest that there are child soldiers and families around the world that voluntarily join the militia. If such is the case, we have to assess the reasons why this happens and elements that encourage participation. Further, the argument here is that this limits state responsibility to several questions,

a) What has the state done to discourage child soldiers?

b) Has the state contributed fundamentally directly/indirectly to this?

c) Is it helpful to victimize said child soldiers, considering most rehabilitation methodologies take a victim-based approach. Will this work? psychologically speaking (and im not an expert in psychology), can we change their mindsets?

At this stage, it is important to keep in mind that perhaps this only makes up a small minority of children/families. However, it is still imperative to decide whether reintegration or punishment is the best way forward (considering political and social realities).

Policy discussion: May be useful to perform gap analysis- what are the existing regulations? What do we need to establish an adequate system? Consider ICC cases and Courts in Sierra Leone

If state is responsible, how so? does the law of agency play a role?

Moral Responsibility of Child Soldiers