By Julie McBride
The perform of utilizing childrens to take part in clash has turn into a defining attribute of twenty first century war and is the latest addition to the canon of overseas conflict crimes. this article examines the improvement of this crime of recruiting, conscripting or utilizing childrens for participation in armed clash, from human rights precept to completely fledged struggle crime, prosecuted on the foreign felony courtroom. The history and purposes for the becoming use of kids in armed clash are analysed, sooner than discussing the origins of the crime in foreign humanitarian legislation and human rights legislations treaties, together with the conference at the Rights of the kid and its not obligatory Protocol. particular concentration is paid to the jurisprudence of the specific court docket for Sierra Leone and the foreign legal courtroom in constructing and increasing the weather of the crime, the modes of ascribing legal responsibility to perpetrators and the defences of mistake and negligence. The query of the way the courts addressed problems with cultural sensitivity, particularly by way of the legal responsibility of youngsters, is additionally addressed.