Doctor Legum - LLD / Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. The unfortunate sight of a child holding a gun has become a familiar picture throughout armed conflicts, especially in Africa. Both boys and girls are used as child soldiers and they can be as young as 5 years old. They are mainly regarded as victims of crimes under international law and are therefore usually rehabilitated once they have been disarmed and demobilised. Notwithstanding their need for rehabilitation, it is a fact that child soldiers commit some of the most egregious crimes under international law. They receive military-style training and are presumably not afraid of killing and carrying out orders. Yet it is recognised that generally they do not have the same level of maturity as adults. The reality of child soldiers who join armed forces therefore presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are individually responsible for committing crimes under international law. Consequently, various safeguards need to be upheld to ensure that the best interests of the child are maintained once a child soldier is held criminally responsible. This thesis analyses the extent to which child soldiers can be prosecuted under domestic and international law, as well as the implementation of alternative measures to prosecution. The thesis proposes that a case-by-case approach should be considered when child soldiers are prosecuted for crimes under international law, thereby investigating and analysing the often distinctive circumstances related to their crimes. / German Academic Exchange Service (DAAD)

Submitted in fulfillment of the requirements of the degree Doctor of Technology: Public Management (Peacebuilding), Durban University of Technology, Durban, South Africa, 2016. / While children used as soldiers are primarily perceived as victims under internal human rights law and international humanitarian rights law, they also commit war atrocities. In the aftermath of war, the mainstream justice system internationally targets warlords, who abduct and enrol children as combatants, leaving child perpetrators without accounting for their gross, human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, former child soldiers have experienced rejection by their communities. Eventually, some have returned to armed conflict. In other contexts, locally based restorative transitional justice has yielded positive outcomes, such as reconciliation, satisfaction expressed by victims and reintegration into the community. This inquiry used restorative justice peacemaking circles (RJPCs), as a model of transitional justice for former child soldiers. Restorative justice evaluation was based on its outcomes. The intervention was efficient as observed: (1) the greater majority of children below the age of 18 (97.2 %) exposed to RJPCs, who intended to join armed groups before, changed their mind and never joined or re-joined armed groups after seven months; (2) apologies by former child soldiers were accepted and they were forgiven, and (3) support for prosecution of child soldiers dropped after RJPCs. In addition, Baraza emerged as an existing model of accountability, conflict resolution and prevention and reconciliation. Unfortunately, it was not exploited to its fullest capacity. Finally healing former child soldiers was a critical step towards change of identity, the transition from soldiering to civilian life, necessary for meaningful reintegration into society. That implied addressing these child soldiers’ psychosocial well-being and creating an environment where peace prevails and adequate accountability measures are in place and effective. The overall results reveal that RJPC yielded empathy, vicarious justice, forgiveness, reconciliation, and deterrence of child soldiers. / D