Child Soldiers in Peace Agreements: The Peace and Justice Dilemma!

Stephen Kabera Karanja, University of Oslo, Norwegian Centre for Human Rights

A GJ Advances article.

Abstract

Child soldiers' needs and rights did not feature in pre-1996 peace agreements. In subsequent agreements, only matters of demobilisation and reintegration got priority. Justice and impunity were not addressed. Recruitment and use of child soldiers, although prohibited in international law, continue with impunity. As a deterrent, justice and impunity concerns should be included in peace agreements. This may, however, impede the peace process. Concerns of justice vis-à-vis peace may arise, because addressing impunity could derail the peace prospects. The prosecutions in the Special Court of Sierra Leone and the indictments before the International Criminal Court for crimes of recruiting and using children in armed conflict complicate the relation between peace and justice. This paper explores and analyses the relationship paying special attention to the emerging jurisprudence in the international criminal tribunals and the peace process in Northern Uganda. It is observed that dichotomy between peace and justice may be just an illusion; it is possible to pursue both peace and justice without rewarding impunity.

Recommended Citation

Karanja, Stephen Kabera (2008) "Child Soldiers in Peace Agreements: The Peace and Justice Dilemma!," Global Jurist: Vol. 8 : Iss. 3 (Advances), Article 9.
DOI: 10.2202/1934-2640.1287
Available at: http://www.bepress.com/gj/vol8/iss3/art9

 
 
 
 

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