Military Training and Children in Armed Conflict: Law, Policy, and Practice

By Jenny Kuper | Go to book overview

5
Part I(A)(1)—Law and Policy: Content
of General Rules Relevant to Officer
Training Regarding Children—
Landmines, Culpability/Command
Responsibility, and Selected War
Crimes Trials (1998–2001)

Introduction

Having summarised, above, provisions relevant to the training of officers of national armed forces regarding child civilians and child soldiers, it is appropriate now to consider some other pertinent legal issues. These are provisions regarding: a) the use of certain weapons; b) culpability and command responsibility, and c) relevant aspects of selected ICTY and ICTR1 war crimes trials.

These three issues do not specifically focus on children, and may seem to have little in common with each other. However, they are linked by the fact that they should form part of general IHL and human rights training for officers, and, in addition, they all contain elements that are important as regards military training on children. Thus, eg, basic general training should emphasise the prohibition on the use of landmines, and training on children should emphasise the particular danger that such weapons pose to children.


Landmines

IHL contains various prohibitions on the use of weapons that cause 'superfluous injury' or 'unnecessary suffering' (see eg 1977 GP I, Article 35(2)2), as already mentioned. It also incorporates specific bans on, or measures to restrict the use of, particular weapons, such as incendiary weapons and mines (see eg the 1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional

-59-

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Military Training and Children in Armed Conflict: Law, Policy, and Practice
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Acknowledgements ix
  • Contents xi
  • Abbreviations xiii
  • Table of Treaties and Other Selected Legal Instruments xvi
  • 1: Introduction 1
  • Part 1 19
  • 2: Part I(A)(1)—law and Policy 21
  • 3: Part I(A)(1)—law and Policy 33
  • 4: Part 1 (A)(1)—law and Policy 45
  • 5: Part I(A)(1)—law and Policy 59
  • 6: Part I(A)(2)—law and Policy 81
  • Part I 97
  • 7: Part I(B)—impact of Law and Policy 99
  • Part II 119
  • 8: Part Ii—introduction and Country Studies (Category A) 121
  • 9: Part Ii—country Studies (Category B) and the Icrc 151
  • Part III 167
  • 10: Conclusion 169
  • Appendices 177
  • Appendix 1: Captured Child Soldiers in Non-International and in International Armed Conflict 1 179
  • Appendix 2: Civil-Military Cooperation 187
  • Appendix 3: Charts 191
  • Appendix 4: 'Background Notes' to Country Studies—category (A) and Category (B) 215
  • Appendix 5: Sample Training Materials 239
  • Appendix 6: Summary 263
  • Bibliography 271
  • Index 289
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