Child Soldiers Caught in a Cultural Kaleidoscope

Abstract

Child participation in armed conflicts continues to challenge societies. Many diverging opinions and (perceived) legislative inconsistencies can be brought back to cultural differences spread over three axes. First, the recognition of child competence and their right to decide to participate in an armed conflict, differs significantly across and even within cultures. Second, the notion of “child” in child soldiers is conceptualised differently. Third, questions concerning their criminal liability for acts committed whilst being a child soldier continue to be fiercely debated. The question arises whether it is possible to draft a solid legal framework, recognising the vast cultural diversities.