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Will the United Nations be able to stop non state actors using child soldiers?

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Will the United Nations be able to stop non state actors using child soldiers?

Alex Helling's picture
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The international criminal court has been around for more than a decade but has only now handed down its first sentence. Thomas Lubanga was found guilty of abducting children and forcing them to fight as child soldiers back in March. Now the court has sentenced him to 14 years in prison. The chief prosecutor Luis Moreno-Ocampo said he was seeking a much more severe sentence of 30 years "in the name of each child recruited, in the name of the Ituri region". However Lubanga maintained his innocence and his supporters maintain that "When a hoard of people attacks you, your family, your friends, is it then wrong to defend yourself? There were massacres here, beheadings. How do you react to that? These people [at The Hague] don't understand anything." Essentially they are arguing that he was simply defending himself and his family. Anyone in the west might consider this argument to be completely irrelevant especially in a crime that involves the use of child soldiers but should we really be so quick to judge? Child soldiers were used in the west as recently as World War II and it has only recently become an issue that we are concerned about. There is now a UN target that all government armies around the world will not have any child soldiers by 2015 and the Democratic Republic of Congo and Sudan are the two remaining nations not to agree. However this would only solve a small part of the problem as the biggest recruiters are rebels, drug lords, and other groups that are not affiliated with the state. These groups are much more difficult to sanction and are unlikely to be willing to negotiate as they are mostly illegal and wanted by the state or internationally already. Peter Wittig, Germany's ambassador to the UN and chairman of the Security Council working group on children in conflict argues “We have to look at the next steps: how do we deal with rebel groups in various conflicts who persistently continue to recruit child soldiers? Perhaps we have to push the envelope further and apply the whole range of instruments at our disposal". But is it likely that new sanctions will be much help?

Debatabase debate: This House would require the ICC to allow a defence of “cultural relativism” to the crime of recruiting and using child soldiers.http://idebate.org/debatabase/debates/peace-security-human-rights/house-require-icc-defence-%E2%80%9Ccultural-relativism%E2%80%9D-crime-recruiting-child-soldiers

http://www.guardian.co.uk/law/2012/jul/10/icc-sentences-thomas-lubanga-14-years

http://www.guardian.co.uk/law/2012/mar/14/thomas-lubanga-verdict-congo-reaction?intcmp=239

http://www.google.com/hostednews/afp/article/ALeqM5g-NMMVC1OmozOzH4B7OrpxvwSfeQ?docId=CNG.8d57630d4e660c745c3ce9dda11a4600.e1

48 weeks 5 days ago
booji's picture
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This question is really asking 'can the united nations end all intra-state conflict?' the answer is of course that it would be wonderful if we could but the reality is that it is very unlikely, at least in the short to medium term.

Any protracted conflict in an undeveloped area of the world where the number of soldiers can make a big difference (a conflict with a more developed country on either side will be much more technology based, at least until it runs out of resources!) is likely to result in child soldiers being used as they are easy to recruit (steal) and control essentially through brainwashing.

48 weeks 4 days ago
KateDebate's picture
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booji wrote:

This question is really asking 'can the united nations end all intra-state conflict?' the answer is of course that it would be wonderful if we could but the reality is that it is very unlikely, at least in the short to medium term.

No it does not - it simply needs more people to find conflict in which children are recruited to be abhorrent. If more resources are divoted to solving those conflicts with the worst crimes and hunting down those who steal childrens childhood then others will realise that using child soldiers is going to bring outside forces in against them. If they see those who recruit child soldiers are punished they will be less likely to do so themselves.

48 weeks 3 days ago
booji's picture
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You are assuming a few things; first that there is a desire to focus on those who recruit child soldiers over other crimes -  this is certainly possible but I would be surprised if the resolution holds. It should also be mentioned that most recruiters of child soldiers do a lot worse than that - you dont recruit yourself an army and then have it sitting around. Unfortunately this means the crimes they will really have to pay for are rapes and murders if not genocide. Adding a few years to this for the use of child soldiers is not going to be a deterrent. Finally you assume that the knowledge travels sufficiently that those considering using child soliders know what happened to others who did so in the past. Given the location of such occurences at the moment this may not be a sound assumption.

48 weeks 20 hours ago
Colin Helling's picture
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It seems to me to be rather dubious that a western justice system that can only lock people up, rather than horribly torture them, can credibly deter these people even if it were considered to be a serious element in these conflicts rather than a far away system of which we know nothing.

48 weeks 19 hours ago
Colin Helling's picture
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Alex Helling wrote:

Essentially they are arguing that he was simply defending himself and his family. Anyone in the west might consider this argument to be completely irrelevant especially in a crime that involves the use of child soldiers but should we really be so quick to judge? Child soldiers were used in the west as recently as World War II and it has only recently become an issue that we are concerned about.

I am not sure that 'but the nazi's used child soldiers' is a defence with any milage in it at all! I think you have to go back to the eighteenth century for more general usage of child soldiers, usually as the lowest level of officer - midshipman or ensign - Essentially as a vocational training. Otherwise children were restricted to non-combat (but often still dangerous roles) like drummers and powder monkeys - although the latter is mostly a myth, carrying powder being so dangerous most captains wouldnt risk children doing it despite the speed advantage they could have on a low ceilinged lower deck.

Essentially where we went wrong was inventing light automatic guns, it would be impossible to field child infantry with muskets, they just couldnt carry them! Its not culture it is practicality, I would like to bet that if you went back into the military traditions of the tribes in Congo you would find children younger than about 15 hardly used because in a fight with a spear and sheild brute strength counts for a great deal.

So I dont think a cultural relativism argument has legs, you might as well defend a cannibal with it, not 'i ate him because he tasted good', but 'i ate him because grandad told me he tasted good!'.

48 weeks 3 days ago
Alex Helling's picture
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The point was really that child soldiers tend to be used when the situation is really bad - hence in WWII they were used by Nazi Germany, the Soviet Union, and partisan operations. Basically those who felt that they had very little choice but to use everything they could. Napoleon similarly conscripted teenagers during his 1814 campaign. Presumably the rebels and warlords are equally desperate - they need to recruit children if they are to keep their operations going.

My introduction therefore had nothing to do with culture at all (I dont think I even mentioned it) but was rather to do with the desperation of those doing the recruiting.

 

48 weeks 3 days ago
Colin Helling's picture
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Really the crime is not the use of child soldiers per se, im sure that is illegal but that is just a bit of modern western squemishness. It is how they are recruited. I see no real problem with the Royal Navy having used midshipmen at the age of 13, it was voluntary - argue all you like about their not knowing what they were getting into but it is of a completely different order to being dragged off into what is essentially military slavery.

Of course that raises a question about conscription.

48 weeks 3 days ago
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