Legal Definitions - conscripting children

Conscripting children refers to the grave war crime of illegally forcing or recruiting individuals under the age of 15 to serve in armed forces or to actively participate in hostilities during a period of armed conflict. This practice is a severe violation of international law and is prosecutable by international bodies such as the International Criminal Court (ICC).

For an act to be considered conscripting children, three main elements must be present:

• The perpetrator enlisted the victims into either a national armed force or for active participation in hostilities.
• The victims were under the age of 15 at the time of enlistment.
• The conscription occurred within the context of an ongoing armed conflict.

This crime recognizes the profound vulnerability of children and aims to protect them from the horrors of war, which can inflict severe and lasting psychological and physical harm.

Examples of Conscripting Children:

• Example 1: Forced Recruitment by a Rebel Group

  In a country experiencing a civil war, a non-state armed group known as the "Freedom Fighters" raids several villages. They forcibly take boys and girls as young as 12, providing them with basic weapons training and assigning them roles such as carrying ammunition, acting as lookouts, and participating in skirmishes against government forces.

  This illustrates conscripting children because the "Freedom Fighters" are enlisting individuals under 15 into an armed group for active participation in hostilities during an armed conflict.

• Example 2: Government Army Enlistment

  During a prolonged border conflict, the national army of Country X faces severe personnel shortages. Local commanders begin visiting refugee camps and impoverished rural areas, promising food and shelter in exchange for young recruits. They knowingly enlist numerous children aged 13 and 14, assigning them to support roles like cooking, cleaning, and transporting supplies for frontline units, which frequently engage in combat.

  This demonstrates conscripting children because the national armed forces are enlisting individuals under 15, even in support roles, within the context of an armed conflict, thereby contributing to the war effort.

• Example 3: Militia Group Using Children for Intelligence

  A regional militia, engaged in a territorial dispute, regularly sends 14-year-old children into rival-controlled areas to gather intelligence on troop movements and supply lines. These children are not given weapons but are trained to observe and report, and they understand that their failure could lead to severe punishment, effectively forcing their participation in the conflict's intelligence operations.

  This is an instance of conscripting children because individuals under 15 are being compelled to actively participate in hostilities by gathering critical intelligence for an armed group during an ongoing conflict, even without direct combat roles.