The EU countries and the recruitment, enlistment, and use of child soldiers: leading in child protection?

Abstract

The recruitment, enlistment, and use of children under 15 and 18 years old have been regulated both by International Humanitarian Law and International Human Rights Law. The obligations of States in this field are both to refrain from and to prevent and punish such actions. In this regard, we examine the regulations of the 27 European Union member States to determine whether the enlistment and recruitment of children under 15 and 18 years old, as well as their potential use in hostilities, are provided for or not. Similarly, we investigate the criminal law of these States to understand how these behaviours are punished. With all this in mind, we consider whether indeed the countries of the European Union could establish an international custom that enhances the protection of children beyond what is provided by universal international norms in the form of treaties or customs. Or whether, on the contrary, despite appearances, the countries of the European Union are not at the forefront in this field.