Juvenile Justice, Counter-Terrorism and Children

• NCJ Number: 203579
• Author(s): Rachel Brett
• Date Published: 2002
• Length: 8 pages
• Sale Source: United Nations Institute for Disarmament Research (UNIDIR)
• Publication Format: Document (Online)
• Publication Type: Report (Study/Research)
• Language: English
• Country: Switzerland
• Note: Downloaded on December 30, 2003.

Annotation

This article examines four issues in the context of juvenile justice and child soldiers: children in government armed forces, child participants in internal or international conflicts, children who surrender, are demobilized or captured during an armed conflict, and children and terrorism.

Abstract

Since 1979, the United National, the International Red Cross and Red Crescent Movement and non-governmental organizations have successfully documented and raised the level of international concern about the recruitment and use of children in armed conflict. In establishing a Special Court for Sierra Leone, considerable discussion was raised about how to treat the many children who had been active participants in that conflict. The events of September 11, 2001, in the United States which has resulted in attention on and support for counter-terrorism mechanisms and the situation in Sierra Leone highlight the need for more serious consideration of how child participants in armed conflict are treated by the justice system. This article examines the treatment of children and juveniles in four fundamentally different contexts: children legally recruited into government armed forces; child participants in armed internal or international armed conflicts; children who surrender, are demobilized or captured during an armed conflict; and children caught up in what is or designated by those who oppose them as terrorism. Two fundamental concerns are raised: that the agreed international standards on how children and juveniles should be treated are too little known and even less implemented and that where exceptional legal regimes are introduced, the question of whether these should be applicable to children. It is stated that there needs to be recognition that the concept underpinning why children under the age of 18 need special protection when they come into conflict with the law does not become invalid merely because they are members of the armed forces or because additional or exceptional legal powers apply.