THE 10TH INTERNATIONAL HUMANITARIAN LAW ESSAY COMPETITION FOR EAST AFRICAN UNIVERSITY STUDENTS 2012

Discuss the protection that International Humanitarian Law (IHL) and other relevant branches of international law provide to children affected by armed conflict. In your view is the protection offered by the law adequate, and if not, what are some of the challenges that remain in ensuring greater protection for children?

Essay Submitted By ZEERE JAMES SAMUEL1 UGANDA CHRISTIAN UNIVERSITY, MUKONO UGANDA
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jamesze.20@gmail.com

Abstract This essay discusses the international laws protecting children affected by armed conflict. It introduces with a discussion on armed conflict and how it affects children. It discusses laws to protecting children in armed conflict in light their adequacy and then addresses challenges which inhibit the higher protection of children today. It concludes with the authors view on the adequacy of the laws protecting children in armed conflict in light of the challenges inhibiting such protection. Introduction War violates every right of a child - the right to life, the right to be with family and community, the right to health, the right to the development of the personality and the right to be nurtured and protectedIn countless cases, the impact of armed conflict on children's lives remains invisibleThe children themselves may be removed from the public, living in institutions or, as is true of thousands of unaccompanied and orphaned children, exist as street children or become victims of prostitution. Children who have lost parents often experience humiliation, rejection and discrimination. For years, they may suffer in silence as their self-esteem crumbles away.2 - . Graca Machel, 1996 Armed Conflict means the resort to use of armed force between two or more armed groups3. Armed conflict occurs in two major contexts; International and NonInternational Armed Conflicts. International Armed Conflicts involve declared war or any other armed conflict between two or more high contracting parties4. Other armed conflicts as used in this context include armed conflicts in which people are fighting against colonial domination and alien occupation and against racist regimes in exercise of their right to selfdetermination5. With the advent of Article 2(4) of the United Nations Charter and the end of colonialism, instances of International armed conflicts today are very limited.

The Report Of Graa Machel, Impact Of Armed Conflict On Children, Document A/51/306 Of 26 August 1996, Para 30-31 3 Prosecutor V Dusko Tadic, IT-94-1-AR72, Appeals Chamber, Decision on Jurisdiction, 2 October 1995, 4 Common Article 3, Geneva Conventions of 1949 5 Additional Protocol I, Article 1(4)

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Non-International Armed Conflicts occur in the territory of a high contracting party and involve armed conflicts between the armed forces of a state and the armed forces of a non-state armed group or between the armed forces of two or more armed groups6. Such armed groups ought to be under responsible command and should have control over such a part of the states territory as to enable them to carry out sustained and concerted military operations and to implement the law of armed conflict7. Civic enlightenment within states has significantly progressed in recent times and more often has culminated in political disputes which have ended up in armed conflicts. The majority of armed conflicts today are therefore of a non-international character. International Humanitarian law has no express definition of children. However, the Convention on the Rights of the Child and its Optional Protocol on children involved in armed conflict agree that a child is a person who is under eighteen years of age8. The African Charter on the Rights and Welfare of the Child defines children as people below the age of eighteen9. It therefore suffices to conclude that a child is a person who has not yet attained the age of eighteen years. Children have been affected by armed conflict both as perpetrators and victims of violations of the laws of armed conflict. Children are both victims and perpetrators where they have been recruited into armed groups which perpetrate violations of laws of armed conflict. Children are victims of violations of the law of armed conflict in various ways as will be discussed in the course of this essay. The international community has, overtime, developed an extensive legal framework to protect children affected by armed conflict. This mainly includes International Humanitarian Law and International Human Rights Law. International Humanitarian Law Protecting Children in Armed Conflict International Humanitarian Law, also known as the law of armed conflict, regulates the means and methods of conducting warfare. International Humanitarian Law consists of
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Common Article 2, The Geneva Conventions of 1949 Additional Protocol II , Article 1 8 Article 1, Convention on the Rights of the Child 9 Article 2

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the Four Geneva Conventions10 of June 1945 and the Three Additional Protocols11 of 1977 and 2005. International Humanitarian Law affords twofold protection to children affected by armed conflict. The first is through their especially vulnerable nature as children and the second is under the general protection conferred on civilians. International Humanitarian law permits the recruitment of children over the age of fifteen into armed groups but prohibits their involvement in armed conflicts12. Where children who are recruited into armed groups are captured in the course of hostilities, they retain their child status and are entitled according to special protection under the laws protecting children in armed conflict13. The effects of warfare usually have harsh repercussions on children. International Humanitarian Law thus provides for the provision of basic necessities which children affected by armed conflict have been denied14. Warring parties are further required to grant access to humanitarian organisations like the International Committee of the Red Cross15, which has the capacity, to provide children with the humanitarian services children need like food, medication and clothing. In instances of armed conflict, international humanitarian law obliges the warring parties to evacuate children from the conflict areas16 and take them to safety zones. Children evacuated are supposed to be given identity cards and Official Information Bureau and

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The Geneva Convention Relating to the Amelioration of the condition of the wounded and the sick in armed forces in the Field (Geneva Convention I) of August 12, 1949; The Geneva Convention Relating to the Amelioration of the condition of the wounded, sick and shipwrecked in armed forces at Sea (Geneva Convention II) of August 12, 1949; The Geneva Convention Relative to the Treatment of Prisoners of War (Geneva Convention III) of August 12, 1949; and The Geneva Convention Relative to Protection of Civilian Persons in Times of War (Geneva Convention IV) of August 12, 1949 11 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I) of 8 June 1977 and Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Additional Protocol II) of 8 June 1977 12 Article 77 of Additional Protocol I, Article 4(3) of Additional Protocol II 13 Article 16, 17, Geneva Convention III, Article 77(3), Additional Protocol I 14 Article 17, 23, 81, 82, 85, 89, 94, Geneva Convention IV 15 Article 3 Common to the Geneva Conventions, Article 10, Geneva Convention IV, Article 70, Additional Protocol I, Article 16 Article 14, Geneva Convention IV

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Central Information Agencies17 set up by the parties to the armed conflict to aid the resettlement of the children to their families after the armed conflict is over. Children are entitled to the general protection accorded to civilians who do not take a direct part in armed conflict18. As civilians, children should not be made the object of military attack19 and all military attacks should be designed with such precaution that children do not suffer the effects of the attacks20. International Humanitarian Law is the law of armed conflict and only applies during armed conflict. However, during armed conflict, international humanitarian law does not apply alone and the international community has created various international laws and obligations which apply during armed conflict and supplement the principles laid down in international humanitarian law. International Human Rights Instruments Protecting Children in Armed Conflict The development of international human rights jurisprudence has created an extensive array of instruments which are both specific to the rights of children in armed conflict and general to the rights of children. The Convention on the Rights of the Child21 creates standards for the protection of the rights and welfare of children around the world. Article 38 of the Convention incorporates by reference the provisions of international humanitarian law for protection of children in armed conflict. The coercive force of this convention lies in the fact that to date the convention remains the most ratified international instrument22. It demonstrates the commitment of the international community to protect the children involved in armed conflict more especially through the incorporation of all provisions of the International Humanitarian Law protecting children in armed conflict.

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Article 136, Geneva Convention IV Article 4, Geneva Convention IV, Article 50, Article 51, Additional Protocol I, Article 4, Additional Protocol II 19 Article 52, Additional Protocol I, Article 13(2), Additional Protocol II 20 Article 57, Additional Protocol I, Article 13(1), Additional Protocol I 21 The Convention on the Rights of the Child Came into force on the 2 September 1990 And To Date Remains the most Ratified International Agreement 22 192 members as of November 2005 http://www.unicef.org/crc/index_30229.html)

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To address the increase in children involved in armed conflict, an Optional Protocol to the Convention on the Rights of the Child23 was created to regulate the involvement of children in armed conflict. The optional protocol prohibits the direct involvement of children in armed conflict24 and children cannot be recruited by non-state armed groups25. The significance of the protocol is that it gives leeway to other international instruments applicable during armed conflict by embodying minimum standards of involvement of children in armed conflicts26. Further regulating the involvement of children in armed conflict, the African Charter on the Rights and welfare of the Child27 creates the highest standards for protection of children in armed conflict. It prohibits not only the involvement of children in armed conflict but also their recruitment into armed groups28. It applies to all members of the African Union29. International Instruments Regulating Armed Conflicts Which Protect Children in Armed Conflict. The need to regulate the kind of weapons which can be used in warfare in light of the recent developments in science has led to the development of various instruments which state standards for what kinds of weapons can be used in armed conflicts. Below are a few of the most relevant. The Convention on Certain Conventional Weapons30 prohibits the use of certain weapons whose effects are excessively injurious or are indiscriminate as far as their targets are concerned. The Convention has five protocols each of which prohibits the use of a particular conventional weapon, that is, Non-Detectable fragments, Mines, Booby traps and other Devices, Incendiary Weapons, Blinding Laser Weapons and Explosive Remnants of War. The objective of armed conflict is to eliminate the threat
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General Assembly Resolution 54/263 (2000), Annex I; Entry into force: 12 February 2002 Article 1 and 2 25 Article 4(1) 26 Article 5 27 CAB/LEG/24.9/49 (1990), Entered into force Nov. 29, 1999. 28 Article 22(2) 29 Article 1(1) 30 The Convention on Prohibitions or Restrictions on the use of Certain Weapons which may be deemed to be Excessively Injurious or to Have Indiscriminate Effects Created 10 October 1980 (As Amended on 21 December 2001)

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posed by the enemy31. Therefore, the Convention prohibits weapons whose effect exceeds what is necessary to eliminate the threat posed by the enemy. Because the prohibited weapons have a tendency to be indiscriminate and their effect cannot be limited, the Convention protects children from suffering from the effects of military attacks not directed towards them and which are part of an armed conflict in which they should not be involved. The inadequacies of the Second Protocol to the Convention on Certain Conventional Weapons moved the international community to create another international instrument to protect children affected by anti-personnel landmines in armed conflicts. The Ottawa Mine Ban Treaty32 was created to prohibit the stockpiling, production and transfer of anti-personnel mines33 and to require the destruction of those already existent34. The nature of anti-personnel mines is that their explosion is designed to be triggered by the presence of any person35. They are thus prohibited because they cannot distinguish between a combatant or civilian or a child for that matter. It is also not uncommon for anti-personnel mines to be ignored in fields even up to after the armed conflict is over36. The convention thus protects children from the often fatal and physically disabling effects of exposure to anti-personnel mines which have been laid vast fields. Another convention prohibiting the use of weapons whose effect is indiscriminate in nature is the 2008 Convention on Cluster Munitions37. Cluster Munitions are indiscriminate in nature because they are designed to disperse explosive submunitions38 over a wide area and are not targeted at anyone specifically39. The convention prohibits the use, development, production, stockpiling and transfer of cluster munitions in armed conflicts40. It also obliges states to clear cluster munitions left

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Article 52(2), Additional Protocol I Convention on the Prohibition of the use, Stockpiling, Production and Transfer of Anti-Personnel Landmines and on their Destruction (1997) 33 Article 1 34 Article 4 and 5 35 Article 2(1) 36 Page 81, Children and Armed Conflict; A Guide to International Humanitarian Law and Human Rights law; International Bureau for Childrens Rights; New Edition 37 st Adopted 3 December 2008 and Came into force 0n 1 August 2010 38 Article 2(2) 39 Article 1 (2) 40 Article 1(1)

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lying around after armed conflicts41. The convention protects children from exposure to exploded cluster munitions during armed conflict and unexploded cluster munitions lying in the fields after the hostilities have ceased. International Criminal Tribunals Enforcement of laws of armed conflict is largely exercised by International Criminal Tribunals. Their enforcement is punitive in nature and punishes violations of obligations under the law of armed conflict. International Criminal Tribunals have contributed to protection of children involved in armed conflicts in two major ways. First, International Criminal Tribunals have contributed major jurisprudence to the law protecting children in armed conflict by interpreting international instruments to confer practical protection on children in armed conflict. The International Criminal Tribunal for the Former Yugoslavia42 interpreted Article 4 of Geneva Convention IV to apply to NonInternational Armed Conflicts where its literal interpretation meant it only applied to international armed conflicts. This extended protection to children who are affected by Non-International Armed Conflicts as civilians and not only International Armed Conflicts. Second, International Criminal Tribunals have punished offenders of the law of armed conflict protecting children. Criminal liability is both individual and command which obliges commanders to ensure that laws of armed conflict protecting children are not violated during Armed Conflict. Very recently, the International Criminal Court passed judgment against Thomas Lubanga Dyilo, the former president of the Union des Patriotes Congolais/Reconciliation et Paix (UPC/RP), for involving children in armed conflict43. Criminal punishments reinforce public faith in the laws of armed conflict by reiterating the seriousness of the obligations on warring parties. International Criminal Tribunals have been criticized for their punitive nature. This is in light of the fact that proceedings before such tribunals are usually long and elaborate
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Article 4(1) Prosecutor V Dusko Tadic, IT-94-1-AR72, Appeals Chamber, Decision on Jurisdiction, 2 October 1995, 43 Situation in the Democratic Republic of the Congo in the Case of the Prosecutor V .Thomas Lubanga Dyilo, No.: ICC-01/04-01/06, Date: 14 March 2012

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and judgments usually come at a point when victims are recovering from the trauma of conflict. The the International Criminal Court has taken up to a decade since its inception to deliver its first judgment. However, the satisfaction of justice done is undeniable and it is for this purpose that international criminal tribunals are so important in protecting children in armed conflict. Challenges Restricting greater Protection for Children in Armed Conflict The legal developments discussed above reflect significant progress made in protecting children in armed conflict. In Afghanistan, because of technical directives aimed to better protect civilians during air strikes, there was a significant drop in the number of children killed by pro-government forces in 201044. However, children still continue to suffer the effects of war and there remain challenges to be addressed if greater protection of children in armed conflict is to be realized. The nature of international treaties and convention is that their implementation is based on the duty of good faith45. States take up the primary responsibility of enforcing treaties and conventions46 they have ratified yet such ratification is not usually reflected when it comes to compliance. The ICRC has stated that Much of what children suffer during conflict can be prevented through better compliance with international humanitarian law by all the warring parties.47 It is a failure in purpose when laws are created and not enforced. Noncompliance with the provisions of the international instruments for the protection of children in armed conflict could be addressed through increased follow-up monitoring and demanding accountability of the states which have ratified the specific international instrument. This would begin from ratification of the instrument to implementation of such ratification in national legislative structures and ultimately to taking the laws out of the books to
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Statement By Special Representative For Children And Armed Conflict On The Children Killed In Afghanistan, OSRSG/030311-5. 45 Article 26, Vienna Convention On The Law Of Treaties 46 International Committee of the red Cross; Advisory Service On International Humanitarian Law; legal Protection Of Children In Armed Conflict; 0577/002;03 01 2003 47 Ibid.

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implementation on the ground. Indeed, the United Nations Special Representative of the Secretary General for the Children and Armed Conflict, Ambassador Olara Otunnu noted that the most important single challenge in addressing the plight of children in armed conflict remains how to translate international instruments and local values into practice on the ground48. To date the primary enforcement mechanisms existent are the International Criminal Tribunals. They punish violations of laws protecting children in armed conflicts yet it should be noted that justice is better served when injury is prevented rather than cured. Enforcement of conventions is usually left to the warring parties and select committees usually established for the purpose of actually enforcing the respective international instrument. For example for the Convention on the Rights of the Child and its Optional Protocol creates a Committee on the Rights of the Child which is responsible for enforcing the provisions of the Convention and the Optional Protocol 49. Short of issuing official statements which are presumably deterrent, the committee has no capacity to practically enforce the provisions of the convention and optional protocol. The United Nations Security Council has the capacity to enforce the laws of armed conflict through warnings, embargoes and sanctions or through outright direct intervention as it deems fit50 and has in various instances performed this duty by making binding resolutions51. However, the pattern of intervention by the Security Council has recently been questionable. While the UN Security Council permitted the swift intervention in Libya52 on humanitarian grounds, just under a year later, the Security Council is hesitant to intervene in Syria where children are being seriously affected by

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Translating International Instruments into Practice Key in Addressing the Plight of Children in Armed Conflict, United Nations Press Release GA/SHC/3479 of 20 October 1998 49 Article 43, Convention on the Rights of the Child 50 Article 39, The Charter of the United Nations 51 Security Council Resolution 1882(August 2009), 1612(July 2005), 1539(April 2004), 1460(January 2003), 1379(November 2001), 1314(August 2000), 1261(August 1999) 52 http://www.un.org/News/Press/docs/2011/sc10187.doc.htm, In Swift, Decisive Action, Security Council Imposes th Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters (Accessed 13 March 2012)

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the violations of the law of armed conflict by the government which is obliged to protect them53. The United Nations Security Council has the coercive authority and capacity to enforce provisions of the laws protecting children affected by armed conflict54. Increased coordination between all the organisations in place which are responsible for the enforcement of laws protecting children is an avenue through which increased enforcement of such laws could be realized. The majority of contemporary armed conflicts are Non-International in nature. The noninternational nature of such conflicts presents various challenges for protection of children in such armed conflicts First, the United Nations forbids the use of force against the territorial or political sovereignty of any state55. Where there are violations of laws protecting children in armed conflict in a state, it becomes complicated for states and international organisations to intervene unless there is consent from the relevant state or United Nations Security Council. However, as noted above, the United Nations Security Council is slow in intervening in such conflicts. Second, most violations of laws protecting children in armed conflict are committed by non-state armed groups through recruiting and targeting children during hostilities. They are a law unto themselves and dont feel bound by the international laws regulating armed conflict. Recently, Al-Shabab expelled the ICRC56 which is internationally mandated to give Humanitarian aid to people suffering the effects of armed conflict57. Third, prosecution of violations of laws protecting children in non-international armed conflict becomes a challenge where the alleged perpetrators are either part of the ruling
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http://www.un.org/News/Press/docs/2012/sc10536.doc.htm, Security Council Fails to Adopt Draft Resolution on Syria as Russian Federation, China Veto Text Supporting Arab Leagues Proposed Peace Plan (Accessed 13th March, 2012) 54 As the general custodian of World Peace, the security Council can authorize the intervention in armed conflicts which threaten the safety of children 55 Article 2(4), The United Nations Charter 56 http://www.bbc.co.uk/news/world-africa-16798893, Somalias Al-Shabab militants ban Red Cross aid work (Accessed March 13, 2012) 57 http://www.icrc.org/eng/who-we-are/mandate/overview-icrc-mandate-mission.htm, The ICRCs Mandate and Missions

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government or where they are part of the formally non-state armed groups who have taken over government. Arrest warrants thus remain ineffective. To date the arrest warrant for President Omar Al Bashir for violations in Darfur58 remains uneffected because no one can arrest him. This inhibits the punishment of violations of laws protecting children in armed conflict. Graca Machel59 stated that International Arms Trade has made weapons so cheap and available that the poorest communities can now access deadly weapons for example in Uganda an AK-47 machine gun can be purchased for the cost of a chicken 60. With armed conflicts going on around the world, commerce in light arms and weapons has encouraged recruitment of child soldiers. Involving children in armed conflict has been made easier because weapons sold are so available and light that children aged 10 can strip and reassemble them61. There is undoubtedly a strong correlation between the easy availability of small arms and the dramatic rise in the victimization of women and children. As weapons become lighter, smaller and easier to handle, the number of child casualties of armed conflict mounts and children become increasingly attractive as soldiers and arms runners62. Various United Nations Agency Chiefs in a joint statement stated that the human cost of such inadequate controls (of arms trade and commerce), and the corresponding widespread availability and misuse of weapons, is unacceptably high. This manifests itself in several ways: in the killing, wounding, and rape of civilians including children, the most vulnerable of all63 There is no comprehensive instrument regulating the trade in arms and weapons around the world. This could be addressed through the development of a robust
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Prosecutor V Omar Hassan Ahmad Al Bashir (International Criminal Court Decision on the Prosecution s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir 4 March 2009) 59 The Report Of Graa Machel, Impact Of Armed Conflict On Children, Document A/51/306 Of 26 August 1996 60 The quoted prices reflect the standards in 1996 61 Para 27, The Report Of Graa Machel, Impact Of Armed Conflict On Children, Document A/51/306 Of 26 August 62 General Assembly; Fifty-fifth session; Item 112 of the provisional agenda; Promotion and protection of the rights of children; Children and armed conflict; Report of the Secretary-General A/55/163S/2000/712, Page 8 63 Un Agency Chiefs Call For Comprehensive And Robust Arms Trade Treaty; Issued on behalf of Valerie Amos, United Nations Emergency Relief Coordinator; Helen Clark, Administrator of the United Nations Development Programme; Antnio Guterres, United Nations High Commissioner for Refugees; Mr. Anthony Lake, Executive Director of the United Nations Childrens Fund; and Navi Pillay, United Nations High Commissioner for Human Rights. New York 15 February 2012

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instrument that monitors and regulates the trade in arms around the world. This process is already underway and in July the United Nations Diplomatic Conference on the Arms Trade Treaty will be held which should discuss such developments64. Humanitarian agencies are mandated to provide humanitarian assistance to people affected by Armed Conflicts. The International Committee of the Red Cross especially is mandated to provide humanitarian aid in times of armed conflict 65. However, such humanitarian organisations have various challenges which inhibit their humanitarian efforts to protect children affected by armed conflict. First, the access of the humanitarian agencies to children suffering from the effects of war is subject to the consent66 of the warring parties which as discussed above is usually denied67. Second, the various agencies are inhibited by financial constraints and their internal policies which at times leave children suffering in armed conflict. The ICRC duty of confidentiality could be mentioned here. While the ICRC maintains a strict confidentiality policy68 to protect victims of Armed Conflict, there are situations where even nondisclosure would not protect the children suffering in armed conflict. For example, ICRC in 2007 denounced repeated perpetrations of international crime in Myanmar69. Nondisclosure challenges punishment of violations of laws protecting children through absence of evidence yet disclosure could jeopardise humanitarian safety of children if ICRC is denied access. These challenges inhibit the convenience with which humanitarian organisations perform their duties to the detriment of children suffering in armed conflict.

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Ibid Common Article 3(2), The Geneva Conventions; http://www.icrc.org/eng/who-we-are/mandate/overview-icrcmandate-mission.htm, The ICRCs Mandate and Missions (Accessed March 12, 2012) 66 Article 59, Geneva Convention IV 67 Supra; http://www.bbc.co.uk/news/world-africa-16798893, Somalias Al-Shabab militants ban Red Cross aid work, http://www.icrc.org/eng/resources/documents/news-release/2012/syria-news-2012-02-03.htm, ICRC not allowed access to Baba Amr district of Homs (Accessed March 12, 2012) 68 www.icrc.org/eng/resources/documents/misc/57jqhq.htm, Recognition of ICRCs longstanding rule of Confidentiality 69 http://www.icrc.org/eng/resources/result/index.jsp?action=w2g_redirect&txtQuery=myanmar-news-290607, ICRC denounces major and repeated violations in Myanmar (Accessed March 12, 2012)

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Conclusion The international community has done a great job at creating an extensive international legal framework to protect children affected by armed conflict. It may not be watertight but it is adequate. However, laws are incomplete if their creation is not followed by implementation and compliance. The great commitment the international community has demonstrated through creation of a legal framework needs to be reflected through compliance with the laws created. Protection of children in armed conflict should be a collective effort. Everyone involved has a duty to play in implementing and complying with the laws which have been created to protect children in armed conflict. It is only when everyone performs their duties that children will be protected from the scourge of war.

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BIBLIOGRAPHY International Humanitarian Law: The Geneva Convention Relating to the Amelioration of the condition of the wounded and the sick in armed forces in the Field of August 12, 1949 The Geneva Convention Relating to the Amelioration of the condition of the wounded, sick and shipwrecked in armed forces at Sea of August 12, 1949 The Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 The Geneva Convention Relative to Protection of Civilian Persons in Times of War of August 12, 1949 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 International Human Rights Law The African Charter on the Rights and welfare of the Child The Convention on the Rights of the Child The Optional Protocol to the Convention on the Rights of the Child for protection of children involved in armed conflict Other Relevant International Instruments: Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (2001) The Charter of the United Nations The Convention on Cluster Munitions (2008)
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The Convention on the Prohibition of the use, Stockpiling, Production and transfer of Anti-Personnel Landmines and on their Destruction (1997) The Vienna Convention on the Law of Treaties (1986) Official Statements and Reports: General Assembly; Fifty-fifth session; Item 112 of the provisional agenda; Promotion and protection of the rights of children; Children and armed conflict; Report of the Secretary-General A/55/163S/2000/712 Report of Graa Machel, Impact of Armed Conflict on Children, Document A/51/306 of 26 August 1996 Statement by Special Representative for Children and Armed Conflict on the Children Killed in Afghanistan, OSRSG/030311-5 Translating International Instruments into Practice Key in Addressing the Plight of Children in Armed Conflict, United Nations Press Release GA/SHC/3479 of 20 October 1998 UN Agency Chiefs Call for Comprehensive and Robust Arms Trade Treaty; 15 February 2012 United Nations General Assembly, 65th Session, Third Committee, Item 64 of the Agenda, Statement by the ICRC, New York, 18 October 2010 Case Law: Prosecutor V Dusko Tadic, IT-94-1-AR72, Appeals Chamber, Decision on Jurisdiction, 2 October 1995 Situation in the Democratic Republic of the Congo in the Case of the Prosecutor V Thomas Lubanga Dyilo, No.: ICC-01/04-01/06, 14 March 2012

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Prosecutor V Omar Hassan Ahmad Al Bashir (Decision on the Prosecutions Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir 4 March 2009) ICRC Publications: International Committee of the Red Cross; Advisory Service On International Humanitarian Law; legal Protection Of Children In Armed Conflict; 0577/002;03 01 2003 Internet Sources: http://www.bbc.co.uk/news/world-africa-16798893 http://www.icrc.org/eng/resources/documents/misc/57jqhq.htm http://www.icrc.org/eng/resources/documents/news-release/2012/syria-news-2012-0203.htm http://www.icrc.org/eng/resources/result/index.jsp?action=w2g_redirect&txtQuery=myan mar-news-290607 http://www.icrc.org/eng/who-we-are/mandate/overview-icrc-mandate-mission.htm http://www.un.org/News/Press/docs/2011/sc10187.doc.htm http://www.unicef.org/crc/index_30229.html

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