Research On International Law In The Recruitment Of Child Soldiers In The Armed Conflicts

The United Nations released in 2014 with "Children are not soldiers" campaign, calling for the government to achieve the goal of zero army of child soldiers by 2016, but the recruitment of child soldiers in the international community is still very common. The world is still about 30 million at the age of 7 to 18 years old children holding weapons and become the battlefield "mini killing machine", the children should spend childhood is bright in the books and toys, is forever branded on the smoke and bloody traces. Although the United Nations and the international community in this regard pay close attention and has made great progress in the protection of child soldiers, but of child soldiers has not been effectively curbed, in determining the recruitment of child soldiers as a war crime constitute elements, child soldiers age standard, judicial practice, there are still difficulties.Hence the urgent need for the international community to resolve the armed conflict that recruit child soldiers.The main body of this article is divided into four parts. The first part is the overview of child soldiers in armed conflicts First introduced the still 30 million child soldiers in armed conflict and their compulsory or voluntarily join armed groups, directly or indirectly in hostilities, then from the point of view of economic, military, children's mental analysis caused by armed conflicts in the recruitment of child soldiers. Finally, the article discusses the armed conflict in recruiting child soldiers to children's individual, national and social impact.The second part is the international regulations for the recruitment of child soldiers in armed conflict. So far, a total of nine international convention for the regulation of the prohibition of recruiting child soldiers, mainly from the Geneva Conventions, the Convention of the United Nations and the International Criminal Organization Convention angle, to international convention in standard terms of child soldiers recruited are analyzed and compared, and pointed out that the Convention regulate the recruitment of child soldiers in terms of defects and deficiencies. These nine conventions provide a legal basis for the prohibition of the recruitment of children's soldiers of the judicial case, the prohibition of the recruitment of children in the course of soldiers has important significance.The third part is the dilemma of the recruitment of children soldiers in armed conflict. The behavior of children in armed conflict is not only prohibited by the international community, but also considered as an international crime. The recruitment of child soldiers as a war crime behavior elements and the psychological elements analysis of, to "recruit" and "use" are explained, include recruitment in compulsory and voluntary, including using the direct and indirect use, as long as there is the recruitment, use among them a kind of behavior constitutes the behavior of the element. Then, it is pointed out that child soldiers age is led to what is now a lot of international regulations to the implementation of the main reasons, should be recruited children enlisted age from 15 years old up to 18 years of age, and expounds the age raised to 18 of necessity and possibility. Also pointed out that the recruitment of child soldiers guilty not to punish the Judicial Dilemma, the international criminal judicial institution only prosecution and trial a few part of the armed conflict in the recruitment of child soldiers, through the analysis of the existing representative cases, International Court of justice Lubanga case and Sierra Leone special managed to court Norman case, encourage countries cited in the judicial practice.The fourth part is the improvement measures to prohibit the recruitment of child soldiers in armed conflict. Hope international society to further improve the prohibition of recruiting child soldiers of the legal norms, encourage countries will be banned from recruiting child soldiers of the norms and standards into domestic laws and regulations, so as to guarantee the prohibition of recruiting child soldiers in the provisions of the implementation, eliminate recruiting child soldiers guilty of impunity status, so that children can get further judicial remedy. Finally, strengthen the role of the international protection of the rights of children, to further protect the rights and interests of children, to solve the phenomenon of recruitment of children soldiers.