Use this URL to cite or link to this record in EThOS:
Title: Child soldiers and international law : progressing towards "an era of application"
Author: Waschefort, Casper August
Awarding Body: SOAS, University of London
Current Institution: SOAS, University of London
Date of Award: 2011
Availability of Full Text:
Access from EThOS:
Full text unavailable from EThOS. Please try the link below.
Access from Institution:
Academic legal literature has focused heavily on the creation and content of norms prohibiting the use and recruitment of child soldiers, rather than on how to apply these norms more effectively. In this thesis, I argue that this focus must now be redirected towards a greater emphasis on application. Effective application does not require major changes to any entity or functionary engaged in child soldier prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are required. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Specific areas where these entities and functionaries can be improved in their effective application of child soldier prohibitive norms are identified, and the implementation of the suggested changes are analysed. However, prior to analysing the application of the relevant norms, I analyse the enforceability of these norms, to determine whether they can indeed be applied. In this regard, I find that although there are shortcomings in these norms, they are nonetheless enforceable. I further argue that the nature of the legal regime to which a specific norm belongs, impacts on the enforceability of the relevant norm. This is due to the nature of the obligations created, as well as the enforcement mechanisms that belong to the relevant legal regime - in this case, international human rights law, international humanitarian law and international criminal law. The conclusions of this study are based, in part, on interviews conducted with individuals engaged with child soldier prevention at the highest level. The Democratic Republic of the Congo (DRC) is used as a case study against which the study's conclusions are tested; based on field research in the DRC.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral