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International efforts for the prevention of the utilization of child soldiering: When the prevention fails – Did the Lubanga judgment serve justice for all children as victims? –

Szabó, Orsolya Andrea LU (2013) JAMM04 20131
Department of Law
Abstract (Swedish)
The estimated number of children who are utilised as child soldiers all over the world is 250,000 today. Based on the Coalition to Stop the Use of Child Soldiers research children were used in armed conflicts in 20 countries from 2004-2007. One of the most prominent nations involving the use of child soldiers is the Democratic Republic of the Congo. It is estimated, that 40% of them are girls, who are often exploited as ―wives‖ (i.e. sex slaves) for the male combatants. The majority of these children do not take part in active combat, many of them are used as porters, cooks and spies, consequently special attention should be given to them as well.
Even though the child soldiers‘ phenomenon is not new in the history of warfare, only over... (More)
The estimated number of children who are utilised as child soldiers all over the world is 250,000 today. Based on the Coalition to Stop the Use of Child Soldiers research children were used in armed conflicts in 20 countries from 2004-2007. One of the most prominent nations involving the use of child soldiers is the Democratic Republic of the Congo. It is estimated, that 40% of them are girls, who are often exploited as ―wives‖ (i.e. sex slaves) for the male combatants. The majority of these children do not take part in active combat, many of them are used as porters, cooks and spies, consequently special attention should be given to them as well.
Even though the child soldiers‘ phenomenon is not new in the history of warfare, only over the past three decades has been any significant progress made in developing international legal standards to prohibit and therefore prevent the use of children in armed conflicts.
This thesis aims to analyse the process which led to the prosecution of Lubanga – in order to be able to decide on whether justice was served by the judgment to all child victims –. Therefore it has to be investigated why and how the international legal standards failed to prevent the use of children in armed conflicts. Especially because as a result of this failure, horrible events – such as the exploitation of children during the Ituri conflict – took place. Through the thesis it will be pointed out, that the first verdict issued by the ICC Trial Chamber, is extremely crucial for those Congolese children (as well as for the international community), who were forced to fight in the hostilities. Notably because these children were not only recruited and trained to kill, plunder and rape, but they were also subjected to sexual violence and torture or other forms of ill treatment by Thomas Lubanga and his men. Therefore they deserved justice to be served for them by the Court. Yet it has to be stressed that, this decision must be only the first step in serving justice and giving hope for the children, especially since it could not fully serve this function.
Consequently the forthcoming stages of the decision on the appeal of the sentence and reparations of the Lubanga case will be dealt with as well, since they could also produce greater results. Last but not least, the institution of victim participation which already functioned as a way to serve justice for the child soldiers will be also introduced.
In the end, the thesis will provide some recommendations, which could be essential in the process of providing more protection for child soldiers, to prevent them from such sufferings. (Less)
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author
Szabó, Orsolya Andrea LU
supervisor
organization
course
JAMM04 20131
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
3813609
date added to LUP
2013-09-06 14:52:06
date last changed
2013-09-06 14:52:06
@misc{3813609,
  abstract     = {The estimated number of children who are utilised as child soldiers all over the world is 250,000 today. Based on the Coalition to Stop the Use of Child Soldiers research children were used in armed conflicts in 20 countries from 2004-2007. One of the most prominent nations involving the use of child soldiers is the Democratic Republic of the Congo. It is estimated, that 40% of them are girls, who are often exploited as ―wives‖ (i.e. sex slaves) for the male combatants. The majority of these children do not take part in active combat, many of them are used as porters, cooks and spies, consequently special attention should be given to them as well.
Even though the child soldiers‘ phenomenon is not new in the history of warfare, only over the past three decades has been any significant progress made in developing international legal standards to prohibit and therefore prevent the use of children in armed conflicts.
This thesis aims to analyse the process which led to the prosecution of Lubanga – in order to be able to decide on whether justice was served by the judgment to all child victims –. Therefore it has to be investigated why and how the international legal standards failed to prevent the use of children in armed conflicts. Especially because as a result of this failure, horrible events – such as the exploitation of children during the Ituri conflict – took place. Through the thesis it will be pointed out, that the first verdict issued by the ICC Trial Chamber, is extremely crucial for those Congolese children (as well as for the international community), who were forced to fight in the hostilities. Notably because these children were not only recruited and trained to kill, plunder and rape, but they were also subjected to sexual violence and torture or other forms of ill treatment by Thomas Lubanga and his men. Therefore they deserved justice to be served for them by the Court. Yet it has to be stressed that, this decision must be only the first step in serving justice and giving hope for the children, especially since it could not fully serve this function.
Consequently the forthcoming stages of the decision on the appeal of the sentence and reparations of the Lubanga case will be dealt with as well, since they could also produce greater results. Last but not least, the institution of victim participation which already functioned as a way to serve justice for the child soldiers will be also introduced.
In the end, the thesis will provide some recommendations, which could be essential in the process of providing more protection for child soldiers, to prevent them from such sufferings.},
  author       = {Szabó, Orsolya Andrea},
  language     = {eng},
  note         = {Student Paper},
  title        = {International efforts for the prevention of the utilization of child soldiering: When the prevention fails – Did the Lubanga judgment serve justice for all children as victims? –},
  year         = {2013},
}