In a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration.
This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms.
Delving deep into the travaux préparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda.
By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components – rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice – and reveals the untapped potential in interactions between different areas of transitional justice.
About the author
Bo Viktor Nylund is a protection and legal practitioner who has focused on state and non-state actor responsibility and accountability throughout his career. Bo Viktor has Masters degrees in law and political science from Columbia University Law School and Abo Akademi University and a PhD in international law from the Geneva Graduate Institute for International Studies. He has served UNHCR, UNICEF and OHCHR and is currently UNICEF’s Representative in Burundi.
Chapter 1. Objective, Scope, and Transitional Justice as an Analytical Framework (p. 1)
Chapter 2. Child Recruitment and the Rule of Law: International Law and the Prohibition against Recruiting and Using Children to Take Direct Part in Hostilities (p. 33)
Chapter 3. Child Recruitment and Criminal Justice: the Lubanga Case (p. 69)
Chapter 4. Child Recruitment and Historical Justice: the Security Council Mechanism on Monitoring and Reporting (p. 109)
Chapter 5. Child Recruitment and Reparatory Justice: Recovery and Reintegration of War-Affected Children (p. 135)
Chapter 6. Child Recruitment and Institutional Justice (p. 163)
Chapter 7. Children Involved in Armed Conflict and Participatory Justice: Balancing Rights and Responsibilities (p. 187)
Chapter 8. Conclusions: Transitional Justice and the Potential for Stronger Protection of the Rights of Children Involved in Armed Conflicts (p. 213)
Annexes (p. 231)
Bibliography (p. 239)
Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed “problems of transitional justice”, both by academics and policy makers around the world. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus.
The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.
The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.
- Prof. S. Parmentier (University of Leuven, Belgium)
- Prof. Elmar Weitekamp (University of Tübingen, Germany)
- Prof. Jeremy Sarkin (NOVA University of Lisbon School of Law) and
- Mina Rauschenbach (Université de Lausanne and University of Leuven) (Associate editor)
With a subscription to the series you enjoy a 15% discount on each volume.
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.