Towards a Gender-Inclusive Definition of Child Soldiers
DEVELOPMENTS
While the conflict in the Democratic Republic of Congo (DRC) officially ended in 2003, peace seems tenuous at best, and many victims are still awaiting justice. For some, the best chance for obtaining justice in a conflict that has claimed the lives of over 5.5 million people is through the prosecution of Thomas Lubanga Dyilo. Thousands of miles away from DRC, at the International Criminal Court (ICC) in The Hague, Netherlands, Lubanga is being tried for crimes related to the use of child soldiers, specifically conscripting, enlisting, and using children under the age of fifteen to participate in hostilities. Lubanga is the alleged founder and president of the armed group, Union des patriotes congolais (UPC). He is also the alleged Commander-in-Chief of the Forces patriotiques pour la liberation du Congo (FPLC).
On July 15, 2010, while the Defense was presenting its case, the ICC’s Trial Chamber I ordered Lubanga released, due to concerns about the ability to conduct a fair trial, following the Prosecution’s failure to implement the Chamber’s order to disclose certain information to the Defense team. The Appeals Chamber has since suspended the decision to release Lubanga, pending the Prosecution’s appeal. The Chamber cited concerns over the ability to resume the trial, should the suspect be released prior to the appellate decision.
BACKGROUND
Since 1998, the Democratic Republic of Congo has been embroiled in a conflict that resulted from a combination of political unrest, land disputes, and disagreements over the appropriation of natural resources. A number of armed groups have brutalized the civilian population, and over two million have been displaced. In July 2004, the Prosecutor of the International Criminal Court began investigating crimes committed in Ituri district. Over 18 months later, on February 10, 2006, the ICC issued an arrest warrant against Thomas Lubanga Dyilo.
As the first trial before the ICC, the outcome of this case (should the trial recommence) will set a standard for what it means to conscript, enlist, or use child soldiers in combat. The law on child soldiers has largely been developed through a series of international instruments that obligate ratifying parties to adhere to certain rules regarding child soldiers, such as minimum age requirements and recruitment policies.
The issue of child soldiers is not unique to the Democratic Republic of Congo. Between 2004 and 2007, child soldiers participated in conflicts in at least 21 countries. Today, approximately 300,000 children are involved in armed conflict. In countries such as DRC, where the child population is very large, the rate of child recruitment into armed forces is also substantial. Commanders perceive child recruits as fearless, easy to control, and cheaper to maintain within the ranks. Despite the widespread use of child soldiers, the international community has only recently begun to address the problem through the development of international law and through Disarmament, Demobilization, and Reintegration (DDR) programs.
In the DRC, an estimated 30,000 children awaited demobilization at the end of 2003, when the hostilities officially ended. However, no DDR programs were implemented until 2005. In that interim period, many child soldiers escaped, were abandoned, and did not formally undergo demobilization. Among the children who were formally demobilized, only 12% were girls – even though it is estimated that 40% of the child soldiers involved in the conflict were female. This means that the majority of female child soldiers did not receive services from DDR programs, and have no access to healthcare, remunerations, psychiatric care, or professional help reintegrating into their communities.
Over 40% of child soldiers worldwide are girls, but as in DRC, they often receive less attention and assistance than boys. Radhika Coomaraswamy, UN Special Representative on Children in Armed Conflict, explains in her amicus brief for the Lubanga trial, “girl combatants are often invisible . . . they either slip away or are not brought forward for DDR programs.” This is especially troubling, given the gender-specific violations and complications that female child soldiers experience while in armed conflict, such as rape, forced marriage, and sexual enslavement.
ANALYSIS
While child soldiers are commonly considered to be boys, a careful examination of armed conflict reveals that the dynamic and multidimensional role of children in armed forces requires a broader interpretation of who is a child soldier. In particular, female child soldiers are often overlooked, partly because they are also unfortunately compelled to fulfill other roles, such as cooks, servants, and “wives” to commanders. Even though girls are routinely used as combatants in armed conflicts throughout the world, they are often not perceived as fighters. In DRC, witness testimony in the Lubanga case reveals that girls regularly participated in hostilities as fighters and often received the same military training as male child soldiers. They also served as operational support, “wives” to commanders, and sex slaves.
The effective prosecution of crimes relating to child soldiers before the ICC represents an opportunity to curtail the use of child soldiers and hold accountable those most responsible for these crimes. The decision could have a substantial impact on the recognition of female child soldiers under the law, which would enable them to benefit more easily from legal services and access to DDR programs. In a country dubbed the “rape capital of the world”, gender inequities are an enormous problem. A decision in the Lubanga case that defines a child soldier broadly has the potential to allow all child soldiers to gain protection under the law and receive the services they need to rehabilitate post-conflict, – regardless of their gender – paving the way for a more gender-equitable country and legal system.
Kristin Gallagher is a writer and activist in New York City.
