Excluding the Most Vulnerable: Application of Article 1F(a) of the Refugee Convention to Child Soldiers

Abstract

Article 1F(a) of the Refugee Convention denies protection to those who commit certain international crimes. In this article we argue that while Article 1F(a) does not contain an explicit ‘exception’ for child soldiers, a lack of international consensus regarding their individual responsibility means they should not be denied refugee protection on the basis of their involvement in international crimes. Such a reading of Article 1F(a) both respects a purposive reading of the Refugee Convention and ensures that some of the world's most vulnerable individuals are not denied the protection they desperately need.