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Magister Legum - LLM / South Africa

This thesis examines why some governments and rebel organizations but not others recruit children to be child soldiers. The theory posits that if a country fights in a civil war of long duration, armed groups are more likely to recruit children as soldiers. I find that the probability of child soldier recruitment increases when a country experiences following conditions: a longer duration of civil war, a large proportion of battle deaths, a large number of refugees, a high infant mortality rate, and the presence of alluvial diamonds. An increase in education expenditures and civil liberties would decrease the probability of child soldier recruitments.

Thesis (Ph. D.)--Lehigh University, 2002. / Includes vita. Includes bibliographical references (leaves 338-395).

On a daily basis we hear or read about new atrocious and violent conflicts that are emerging in countless countries around the world. At the same time, some of the previous conflicts are winding down and leading to negotiations and peaceful resolutions. In either of the cases, peacebuilding initiatives are put into place to establish relationships between the divided population which is and/or was at war. There are countless reconciliation methods which are used to reconcile the adult population which is and/or was in conflict with each other. Nonetheless, how and which reconciliation approaches are used when it comes to reconciling the children that have been directly or indirectly affected by the conflict in their country is not discussed to the same extend.  Thus the objective of this study is to analyse the available literature in order to gain a greater understanding of the methods which children partake in in order to foster reconciliation in a post-conflict environment. In total, 18 cases which pertain to children and reconciliation were analysed in order to find patterns, gaps and commonalities in the texts through the textual content analysis method. Furthermore, the findings were analysed in accordance to Galtung´s 12 reconciliation approaches.     Based on the analysis, it became clear how limited and scarce the literature is on reporting on the ways in which children reconcile. Furthermore, all of the texts present children as innocent victims who are not to blame for what had occurred. Despite the fact that children were victims as well as perpetrators in the conflict. Additionally, there is a clear distinction in the methods which are used to reconcile child soldiers versus children that were not directly involved in the conflict. In other words, many of the findings can aid in branching out the research to explore further the differences between child soldiers and non-child soldiers, as well as the general perception of children as victims. In addition, the concept of childhood and when one is considered a child should be explored, especially in non-western cultures, where an individual is considered a child under the age of 18, yet in other cultures “children” under 18 are married, have their own children, are responsible for their parents and very much live “adult” lives.

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There are two main purposes to this thesis study. First, we will deploy the principles of software development that we have learned through the Software Engineering track here at NPS and test its validity through the development of a real world system. This system will be a completely self sustaining prototype of a web design containing both the front end and back end requirements. Second, we will conduct a study of Human Computer Interaction (HCI) through the design and usability testing of a new interactive uniform regulations manual. All military services currently possess their own individual uniform regulations specific to each service. This system, although it will be specific to the United States Marine Corps, can be used as a model for any other service as well as any international military desiring a similar solution to the inherent problems associated with current manuals. The new system will address all aspects currently outlined in the regulations. This regulation will be used by all US civilians and military service members to whom the current manual is now relevant. Although we fully intend to deliver a finished product to the Marine Corps for their official use, the true value to us as students is in the process of developing and testing this new system. The knowledge learned here will benefit us in any future system design or development projects.

The humanitarian discourse defines children and child soldiers along with women as the main victims of conflicts. They view child soldiers as helpless and deprived of their rights, but this view does not always add up with reality. The anthropological discourse describes child soldiers as a tactic actor who is capable of making logical choices in order to survive. The reality is more complex than the humanitarian discourse portrays. The purpose of this thesis is to examine how child soldiers are portrayed by the humanitarian discourse and how that in turn reproduces a certain picture of child soldiers? How does that portrayal fit into the anthropological discussion of child soldiers? I want to investigate how anthropological research can contribute with an understanding of how the portrayal of child soldiers affect the comprehension of child soldiering. To do this, several analytical tools will be developed based on Anthony Giddens theory of structure and agent and on a discourse analysis method. To answer the research questions, an analysis will be conducted on three humanitarian organisations and three anthropological studies. The organisations and the anthropological studies were chosen based on their involvement and relevance in the discussion and work with child soldiers. The result shows that the main difference between the humanitarian and the anthropological discourses is that the humanitarian discourse portrays child soldiers in a more constricted way. The anthropological discourse explains how child soldiers act according to their own agency and they act based on their existing structure.

International criminal law lacks a coherent theory suitable for its own context. This lacuna has left the International Criminal Court (ICC) – the most prominent global penal institution - without clear theoretical premise(s) to guide prosecution and punishment. In its current incarnation, international criminal draws on Western liberal modalities founded on dominant domestic penal rationales of retribution and deterrence. However, these principles appear incongruous to the crimes the ICC prosecutes. The theoretical rationales of ICC have barely been interrogated against an extant case. In 2012, Democratic Republic of Congo (DRC) rebel leader Thomas Lubanga Dyilo became the first defendant to be convicted and jailed by the ICC for the conscription, enlistment and use of child soldiers. The use of child combatants for purposes of war is a pernicious global problem outlawed in international criminal law. However, of the crimes designated as ‘egregious,’ it has historically been under-enforced and inadequately articulated as a mass crime, and allocated lesser gravity. The seminal case of Lubanga provides us with a propitious opportunity, not only to locate child soldiering, but also inquire into the theoretical underpinnings of the ICC with regards to mass crime. Mass crimes are distinct from ordinary crimes. International courts charged with adjudicating them face constraints and can only prosecute a few of the suspected perpetrators. The overarching theoretical and analytic framework for this thesis is premised on the notion that international criminal law needs a plausible theory or rationale suitable for its context and crimes it prosecutes. It is important for the ICC to premise its work on a realistic rationale for it to be purposive. A more logical analysis of international penality would draw on the conceptual underpinnings of the whole project of international law and specific features of the ICC. A good starting point is to note that international criminal justice is largely symbolic. A more plausible penal rationale would consider the inhibitions the ICC faces and the role it can still perform with regards to mass crime. The ICC symbolises contemporary standards of an ‘international community.’ It is this concept from which we can extrapolate viable rationales for ICC penology. How do the trial, conviction and punishment of Lubanga for the ‘mass crime’ of child soldiering serve the collectivist ethos of international law and society? The project that follows proposes a penal rationale that accounts for the ICC’s sui generis character, the nature of crimes it adjudicates and what the court can realistically achieve. The ultimate value of international criminal law may rest not in its functions of retribution or deterrence, but in its role in identity construction, in particular in constructing a cosmopolitan community identity. The overall argument for the thesis is that while retribution and deterrence are valid, the most plausible rationale for ICC penality is the expressive function of law (expressivism). The few cases of mass crime the ICC can prosecute can achieve primarily more realistic aims of expression of global or ‘cosmopolitan’ norms, norm internalisation and the reinforcement of collectivism international law and society. Lubanga provides an illustrative exemplar for this argument.

A dissertation submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in fulfilment of the requirements for the degree of Master of Arts. / This research report examines the experiences of a group of women-soldiers serving in the South African National Defence Force (SANDF) in relation to two major sociological concerns. The first concern is the South African transition and the establishment of the SANDF, and the second is gender issues within the military. There is little literature concerning women-soldiers in relation to the establishment of the SANDF. In addition, the iiterature on women and militarism suggests that there is no consensus amongst women around key questions regarding the military. Therefore, researching the experiences of'a group of women-soldiers required the use of research methods which would enable a free flow of information by the respondents. This particular group of research subjects was identified through the quota sampling technique. The group represented a large variety of social identities and backgrounds. The informants were interviewed primarily through structured in-depth interviews. The central finding of this research is that the informants had various experiences according to different sociological characteristics, such as race, previous military service, or marital status. In relation to the transition and the establishment of the SANDF, military experience and race were found to be the most important factors in shaping the respondents' experiences. In this regard, I have argued that the SANDF reflects the former SADF Concerning gender issues within the military, marital status appeared as the most relevant factor. Considering this, it is suggested that the social responsibilities attached to wifehood and motherhood influence women toward traditional female domains in the workplace. / Andrew Chakane 2019