Article

The extraterritorial obligation to prevent the use of child soldiers

Tracey B. C. Begley

• The American University international law review, Vol. 27, no.3, 2012, p. 613-641

English

Photocopies

Regardless of how children end up in armies and rebel groups, whether through forced recruitment or "voluntary" enlistment, the international community recognizes that children should not be fighting wars. There are a variety of international and national instruments that prohibit warring factions from conscripting children. First, this paper discusses the global use of child soldiers, the legal framework regarding child soldiers, and state obligations to protect the rights of children. Next, this paper argues that international and national instruments create extraterritorial obligations for states to prevent the use of child soldiers beyond their own borders. Lastly, this paper examines U.S. extraterritorial obligations regarding child soldiers and the country's ability to uphold its obligations.

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