Accountability for Child Soldiers

Abstract

Given the distinct category of perpetrator that is child soldiers and the expressive significance of the choice of accountability mechanisms employed, there are important questions about how closely mechanisms of accountability for persons under the age of 18 ought to resemble those used to address adult suspects. For the majority of child soldiers, motivations restricted to tactical considerations, and diminished capacity for high-level deliberation and full-picture appreciation for the consequences of their actions (due to conditions and the age of the participants) demand that their actions be addressed by mechanisms reflective of these conditions, likely mechanisms other than criminal trials. For the most part, even those who bear personal legal or moral responsibility do so to an extent greatly diminished by context. Mechanisms employed to address the acts of child soldiers must be sensitive to the fact that despite their causal responsibility many child soldiers can be excused their actions or that their personal responsibility is diminutive, and must be sensitive to the unique needs of youths who face processes of accountability.