الطفل المقاتل في القانون الدولي الإنساني

Abstract EN

The protection of children in armed conflicts, whether international or non-international, is considered one of the main issues related to the maintain of international peace and security, as children are inevitably exposed during such conflicts to the most dangerous types of grave violations, in addition to depriving them of the lowest human rights, which requires the imposition and guarantee of more protection in these circumstances.

protection should also include children who join armed conflict for various reasons, including forced recruitment or abduction.

there are also children who voluntarily join armed groups, motivated by the force majeure they find themselves in.

especially when the child defends it with strong support from the community and the area in which he was brought up, or when a member of his family is a combatant, as well as the child’s desire to avenge one of his relatives.

he is considered as victim who requires care and is spared from further suffering and tragedy.

he does not bear the responsibility for carrying arms or the mistake of his participation in the hostilities.

and also, it is the responsibility of the armed groups in which he was involved or the state in whose army he was recruited for the violations committed by the child combatant, but it is worth mentioning in the event that a child commits war crimes that are included in international legislation, the punishment is educational rather than repressive.