Hajar M. A. The Legal Status of the Child Soldier in International Humanitarian Law

Abstract

This study addresses the conceptual framework of the phenomenon of the child combatant in armed conflicts, considering it one of the most serious violations against childhood. It constitutes a clear breach of human rights and international humanitarian law. While children are presumed to receive protection and care, modern conflicts increasingly draw them into hostilities, either directly or indirectly, through forced or voluntary recruitment by regular armed forces or armed groups. The research highlights the legal and ethical dilemma surrounding the definition of a child combatant, especially in the absence of a unified definition in international agreements—despite the 1989 Convention on the Rights of the Child and its subsequent protocols clearly prohibiting the recruitment of persons under the age of 18. The study also addresses the types of armed conflicts—international and non-international—explaining the legal challenges in classification, particularly in internal and internationalized conflicts. Furthermore, it discusses the concept of "direct participation" in hostilities and the implications of a child's involvement, including the loss of legal protection and the controversy surrounding their criminal responsibility.