چکیده:
In recent decades, violations of children's rights, especially in armed conflicts, have overshadowed the implementation of norms related to this vulnerable groups. Children are exposed to murder, forced conscription, sexual exploitation and other abuses during conflicts. Examples of such violations can be found in Sierra Leone, Congo and Rwanda. Using a descriptive-analytical method, this paper seeks to examine the case-law established in the International Criminal Court regarding the criminalization of child recruitment and how to achieve criminal justice in this trespect. The results of the study show that by convicting Thomas Lubanga of child abuse in armed conflict, the ICC reached a turning point in the fight against impunity for violation of chidren rights. On the other hand, the issue of assigning criminal responsibility to children in the event of a crime during conflicts, especially against the civilian population, is another dimension of the issue that, with the wise leadership of the international judiciary, can put an end to this phenomenon and prosecute its real culprits.
خلاصه ماشینی:
The results of the research indicate that the International Criminal Court, by intervening in the case of Thomas Lubanga and convicting him of the charge of exploiting children in armed conflicts, marked a turning point in creating judicial practice and establishing international responsibility in combating impunity in the field of violating children's rights.
On the other hand, the issue of attributing criminal responsibility to children in the event of committing a crime during conflicts, especially against the civilian population, is another aspect of the case that, with the intelligent guidance of the international judicial bodies, one can be optimistic about ending this ominous phenomenon and prosecuting the main perpetrators of this reprehensible act.
Finally, with the referral of the case of Thomas Lubanga1, the leader of the Congolese rebel group, to the Court, on charges of recruiting children under 15 years of age in armed conflicts, and then the issuance of his conviction by this judicial body with reliance on the Statute and the rules of procedure of the Court, international community expectations were met.
4. The Functioning of the International Criminal Court in the Thomas Lubanga Case Prior to the adoption of the Rome Statute, the rules and regulations related to prohibiting the participation of children in armed conflicts, which were previously mentioned, provided some ground for protecting them.
5. Attribution of criminal responsibility to child soldiers and their legal prosecution The first point that must be considered in this section is that war crimes committed by children under the age of 18 are excluded from the jurisdiction of this judicial body according to Article 26 of the Statute.
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