الطفل المجند بين الحماية الدولية و المتابعة القضائية

Abstract EN

Data on the number of children recruited, directly or indirectly, is not known, due to the dilution that some governments are doing to hide the facts and the inability of human rights committees to reach out to and protect themselves.

move to multiple regions, however, it appears, and according to what the UN agency reported, that the largest percentage of child soldiers is in Africa.

On this basis, the United Nations and international organizations have strived to ensure adequate protection for these children, as they are the weak link in conflicts.

On the other hand, punish them for possible crimes that may be assimilated to crimes against humanity or genocide, according to the procedures of the International Criminal Court.

Consequently, the fate of a child recruited and fighting oscillates between protection and punishment at the heart of international humanitarian law.

What calls for a legal study to determine the legal status of the recruited child and his quality of child punctuated by all the childish characteristics of psychological and physiological weakness, Consequently, the legal adaptation in which the recruited child was placed must be reconsidered.

Sometimes the international community makes him a criminal, sometimes it considers him a victim, in contradiction with the rules of international humanitarian law and humanitarian principles.