The Legal Complexities of Terrorism as an International Crime Following the Recruitment and Enlistment of Child Soldiers in the Cabo Delgado, Mozambique Insurgency War

Abstract

The conscription of children in military conflicts within the Southern African Development Community (SADC) region was more peculiar to the Democratic Republic of Congo after the Angolan and Mozambican civil wars subsided into peace during the late 1990s. The resurgence of child soldiers in Mozambique under a new Islamic-inspired terrorist phenomenon adds a terrifying dimension that brings legal complexities around defining terrorism and resituating it separately as a crime within the jurisdiction of the International Criminal Court (ICC). The spectre of terrorism—as the current prime inducement of children into hostilities in Mozambique—has regional, political, economic and security implications, given its magnitude and recurring nature. This research is qualitative in form and its objective is broadening the understanding of terrorism, addressing the recurring recruitment of children into armed conflicts within the SADC region, and making a case for the inclusion of terrorism in the Rome Statute. This is important for the SADC, which had sloughed off the heinous side of civil wars. Research demonstrates that systemic violation of child rights takes an enormous toll on societies, given its extensive physical and psychological harm, and that often children in war-torn societies make up half the population. The findings are that the inclusion of terrorism within the scope of the ICC broadens international accountability mechanisms and acts as a deterrent for the future enlistment of children into armed conflicts.