Children as directly affected victims of war conflicts

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F22%3A00130071" target="_blank" >RIV/00216224:14220/22:00130071 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Children as directly affected victims of war conflicts

Original language description

Children, as persons under 18 years of age in accordance with Art. 1 UNCRC, are a particularly vulnerable group not only considering their participation in wars but in general and they have been from the beginning of times. The only difference is that nowadays there is finally space in the field of law for taking them into consideration as objects of special consideration and respect. This paper is focused on their role as direct participants in wars, therefore most of the attention is paid to the point of view of international law, including its special branch, international humanitarian law. Even though there are numerous provisions in place, it is not very easy to get to the bottom of the issue of children war participants and their protection. Firstly, when there is a direct reference to the children at wars, it is automatically considered that the child soldiers are going to be the main topic of the conversation. This I consider the most common mistake. The issue of child soldiers is without a doubt the most distinctive one in the world and media around us, but children are not only involved in armed conflicts as child soldiers. First of all, they are civilians and all the provisions applicable to the civilians are applied to them as well. In the second place, they are victims, and I may be that bold to claim that all of them are victims in every single case of an armed conflict, whatever role they have. Only in the last place, they are considered objects of special respect, by the terminology of the Fourth Geneva Convention. Therefore, in this paper, I mention children involved in armed conflict from the perspective of all these three categories (civilians, victims, and objects of special respect) and I will try to present certain solutions to their grave situation with examples of the recent case law applicable to the issue.

Czech name

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Czech description

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Type

O - Miscellaneous

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

S - Specificky vyzkum na vysokych skolach

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů