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Implications of children's rights for military justice in the context of members of the armed forces younger than the age of eighteen

Waschefort, CA (2016) 'Implications of children's rights for military justice in the context of members of the armed forces younger than the age of eighteen.' Journal of International Peacekeeping, 20 (3-4). 275 - 301. ISSN 1875-4112

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Abstract

A number of states internationally lawfully enlist persons younger than eighteen (but at least sixteen) into their national armed forces. While such enlistment is consistent with the relevant states? international law obligations, a number of additional obligations are triggered that the state owe towards the child enlistee by virtue of international children?s rights. This article engages with these additional obligations as they apply to child members of the armed forces who are in conflict with the law. In particular, focus is placed on states that maintain a separate and distinct military justice system, and the examples of Australia, Canada and the United Kingdom are relied upon for illustrative purposes. In order to properly engage with state obligation in this regard, the article also endeavors to address the nature of the duty of care owed by the armed forces in respect of child members.

Item Type: Article
Uncontrolled Keywords: military justice; children's rights; children in the military; child recruitment; child soldier; duty of care; child members of the armed forces
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 06 Jul 2017 10:34
Last Modified: 20 Sep 2017 14:15
URI: http://repository.essex.ac.uk/id/eprint/20038

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