Boy Child-Soldiers in the DRC: A Problem and Policy-Oriented Analysis

Abstract

Human trafficking is a crime that shocks the conscience and is of grave magnitude that warrants universal jurisdiction, and, recognition as a violation of jus cogens, a breach of preemptory norms of international law. A crime that, by its globally accepted definition of “trafficking in persons,” encompasses the act of both child soldiering and sexual exploitation of children. This article aims to both fully explain and challenge the current measures being taken to combat both child soldiering and the sexual exploitation of children, particularly boy child-soldiers in the eastern Democratic Republic of the Congo. To date, both national and international efforts have been insufficient or non-existent for boy child-soldiers who have been sexually exploited in the armed group. The modern human trafficking instruments take a victim-centered approach that is gender-neutral, allowing for successful prevention and reintegration. Triggering universal jurisdiction of this egregious crime will lead to one definition of a child without equivocation and the age of recruitment to be the same without the possibility of reservation. It will lead to more severe penalties for perpetrators, protection for victims, and mandatory States cooperation. Further, all States will be held accountable for the protection of children and for the prosecution of perpetrators. All children will be treated with dignity and become survivors.