The "new wars" of children or on children ? : international humanitarian law and the "underaged combatant"
The liberal way of war : legal perspectives
Farnham ; Burlington : Ashgate, 2013
Bibliographie : p. 159-165
This chapter rethinks the notion of 'underaged combatant' in international humanitarian law in order to assess whether a change in the law in necessary. It begins by exploring how and why the phenomenon of child soldiering has gained prominence in recent years. It then examines the current legal framework in relation to the recruitment, conscription, enlistment and participation of children in armed conflict. The chapter ends by critically analysing international law in this area through the prism of two values that are essential to liberal thinkers : universality , the view that liberal values apply across cultures; and autonomy, the idea that each individual is able to take decisions independently. It concludes that the issue of child soldiering is more difficult to grasp than liberal thinkers present it and that the Zero Under 18 Campaign launched by the United Nations Special Representative for Children and Armed Conflict, which well reflects the current liberal approach, is unlikely to be successful because it fails to take into consideration the weight of history, politics and culture.