Child soldiers in armed conflict : with special reference to Afghanistan

Abstract

This study attempts to explore the issue of child soldier recruitment and use in armed conflict in Afghanistan. For this, the researcher has established the position of international and national laws and the standards thereunder on child soldiering. The study also investigates the reasons why virtually all parties to the four-decade-long armed conflict(s) in Afghanistan have recruited and used a large number of child combatants. Along these lines, the researcher has investigated the effects of the chronic incidence of child soldiers in the armed conflict in Afghanistan and has proposed the possible measures that can be adopted to alleviate the malady. The research is doctrinal, and therefore the integrated literature review method is used, to analyse, criticise, synthesise and evaluate the legal positions in international, national and Islamic legal systems as well as to establish whether or not the claims of armed groups of strict adherences to the Islamic legal rulings are conclusive and unchallengeable. The research uses qualitative data found in legal texts, i.e. the International Treaties, the Constitution of Afghanistan, and the existing criminal and military legislations of Afghanistan, other books, articles, and media reports. The research finds that all parties to the long-lasting armed conflict in Afghanistan have systematically recruited scores of child soldiers, thereby disobeying the principles and provisions of international and local laws. Also, the research shows that the large-scale child soldiering in Afghanistan is the result of the constant presence of armed conflict, and a host of social and historical factors, in addition to cases where legal leniency can be blamed. The overall effect of child soldiering on the Afghan society is overwhelming and calls for urgent measure towards alleviation and eradication of the problem. The research recommends several measures to be followed by the Afghan government, state and non-state actors, and the international community, which include the clarification of legal ambiguities under international law, the strengthening of local legislations and legal standards in efforts to realise zero-child soldier recruitment and use in Afghanistan.