Child soldiers - when a child is no longer a child : A legal-doctrinal analysis of the international legislation on child soldiers

Sammanfattning: The child soldier problem is an escalating and growing phenomenon around the world. It is a complex issue as it involves a wide range of areas such as human rights, politics and cultures. A comprehensive legal framework is in place to protect children in armed conflicts, yet they are still being targeted, recruited and deployed in armed groups and organizations. The purpose of this study is to conduct an exhaustive examination of current international law, de lege lata, regarding child soldiers aged 15-18. The legal-dogmatic method will be used to identify the merits, but above all the shortcomings and problems of the legislation. The result shows that international law treats children differently in terms of age and when they are no longer considered child soldiers. The findings demonstrate the difficulties between the two frameworks of international humanitarian law and international human rights law in relation to child rights and protection issues. Furthermore, it has been discovered that the international law regarding child soldiers is outdated, contradictory and inconsistent, as society and warfare have changed since the adoption of the documents. The lack of legal sanctions against recruiters and enablers complicates the situation even further.