Child soldiers as victims of ‘genocidal forcible transfer’: Darfur and Syria as case examples

Abstract

This article presents an original legal analysis of children appropriated as child soldiers by state or non-state armed groups or forces perpetrating mass atrocities and/or genocide as the victims of the ‘genocidal forcible transfer of children’. A distinction is drawn between the genocidal forcible transfer of children as child soldiers versus the recruitment and use of child soldiers more generally by armed groups or forces not engaged in mass atrocities and/or genocide. The markers of genocidal forcible transfer of children as child soldiers are discussed with reference to the armed conflict in Darfur and Syria. Also discussed are certain of the barriers to effectively addressing this issue as well as key steps necessary for the prevention of the ‘genocidal forcible transfer of children’ as child soldiers during armed conflict and for ending impunity for this grave international crime.