Child Soldiers as Victims or as Perpetrators? An Analysis of the Case of Colombia

Abstract

AbstractColombia is at a crucial stage in its transitional process from armed conflict to peace. The Peace Treaty signed in 2016 between the Colombian Government and the Revolutionary Armed Forces of Colombia (FARC-EP; Fuerzas Armadas Revolucionarias de Colombia- Ejército del Pueblo) was a major milestone in this transition, setting the groundwork for the disarming, demobilization, and reintegration of former combatants back into society. The disarmament and demobilization of the FARC forces implied, however, that a massive number of children recruited by the guerrillas were demobilized and are in the process of reintegration into society. In the last 18 years, around 15,000 children were recruited, and more than 5000 have been demobilized in Colombia. Realizing justice for these children and youth who have been demobilized is not an easy task; many questions arise. How should demobilized child soldiers be treated by the judicial system? Are they victims of the armed conflict? Should they be held accountable for their crimes? What to do with child soldiers who are demobilized after becoming adults? What should the process of recovery and reintegration entail? Is attempting to “return” them to normalcy an option? How can we make them active participants in their reintegration process? This chapter aims to analyze the law and policy that regulate the recovery and reintegration of demobilized child soldiers in Colombia in order to explore these more ample questions on the just treatment of child soldiers. It will do so with a particular focus on the mechanisms through which it is decided if ex-child combatants are criminally liable for their actions, and on the rationale and mechanisms implemented to reintegrate child combatants. The chapter uses the rights enshrined in Convention on the Rights of the Child (UNCRC) as a tool to assess whether the law and policy for reintegration ensure that children’s rights and fundamental interests are protected.KeywordChild soldiersColombiaDemobilizationTransitional justiceRestorative justice