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Research On The Legal Obstacles To The Implementation Of The Rule Of Prohibiting The Recruitment Of Child Soldiers

Posted on:2021-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhongFull Text:PDF
GTID:2416330611960859Subject:Law
Abstract/Summary:PDF Full Text Request
"Seeking peace,pursuing development and promoting cooperation"is an irresistible trend in today's world,but local armed conflicts still occur from time to time,especially in regions such as West Asia,Southeast Asia,North Africa and Latin America.In these areas,ethnic and religious contradictions that have been suppressed for a long time continue to intensify,and the armed conflicts that erupt are increasingly cruel and fierce.As a vulnerable group,Children are often inevitably trapped in it and suffer from wars.The recruitment of children into the armed forces has caused great physical and psychological harm to children.To curb this phenomenon,the international community has formulated a series of international conventions to prohibit the recruitment of child soldiers by national armed forces and non-government armed organizations,and has established a corresponding supervision and regulation system.The International Criminal Court and the Special Court for Sierra Leone have also prosecuted and tried some of those who recruited child soldiers,which have set important international judicial precedents.However,the phenomenon of child soldiers has not been completely eliminated so far.The main reason lies in the fact that the implementation of the rule of prohibiting the recruitment of child soldiers faces many legal obstacles and fails to achieve the desired effect.First,the legal standards established by the traditional norms of international law still have some defects in terms of the age standard of child soldiers and the definition of recruitment behavior.Second,there are still many deficiencies in the supervision and judicial procedures for the implementation of the rule of prohibiting the recruitment of child soldiers.The United Nations Security Council's monitoring and reporting system,naming and shaming system and other monitoring systems have not played their due role and lack effective sanctions.Judicial institutions still face great challenges on the jurisdiction,application of law and execution of penalties for the crime of recruiting children into the army.In response to these problems,it is necessary to further improve the relevant international legal norms,strengthen relevant supervision systems,and ensure the conviction and punishment of those who recruit children,so as to play the deterrent role of international criminal justice.
Keywords/Search Tags:Armed Conflict, Child Soldiers, Recruitment, Rule, Legal Obstacles
PDF Full Text Request
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