International Law and Protection of the Children Dissertation

International Law and Protection of the Children - Dissertation Example Despite the international legal framework for the protection of children in humanitarian crises and armed conflict, the UN reports that children in the millions are often targets of armed conflicts in various ways. In this regard children are either victims in part of a more general attack on civilians. Other children are subjected to sexual assaults and are simply deprived of substance therefore dying or suffering from starvation or disease. Some children are unlawfully forced to join the war effort or participated as combatants in humanitarian crises.4 It would therefore appear that international laws are inadequate for protecting children in humanitarian crises and armed conflict. This research study analyses the international legal framework for the protection of children in humanitarian crises and armed conflict and identifies the flaws which contribute to its general inadequacies. It is generally concluded that the enforcement of international law is problematic in that it requ ires cross-border cooperation for the collection of evidence and investigative purposes. Other problems such as the non-binding nature of international legal instruments on non-state actors and diverse ideologies relative to the definition of childhood also contribute to the inadequacy of international law in protecting children in humanitarian crises and armed conflict. It is also observed that the extent to which the state is prepared to intervene to protect children in large part depends on culture and norms. For example, China is less reluctant to override how adults, particularly parents treat their children as children are regarded as property. In Europe, the State is more willing to take the side of children over that of adults.5 It is also observed and argued that the extent to which states are committed to the protection of children is largely dependent on a state’s political and economic priorities and resources. Table of Contents Abstract 4 Table of Contents 5 Chap ter One 6 Introduction to the Study 6 Introduction 6 Statement of the Problem 9 Significance of the Study 10 Aims and Objectives 10 Research Methodology 11 Organization of the Study 12 Chapter Two 13 International Human Rights Laws and the Protection of Children 13 Introduction 13 International Norms and International Human Rights for the Protection of Children 14 The CRC and Protection of Children’s Human Rights 21 Conclusion 28 Chapter Three 29 International Humanitarian Laws and the Protection of Children 29 Introduction 29 International Humanitarian Law for the Protection of Children 31 Conclusion 47 Chapter Four 48 The Adequacy of International Humanitarian Laws for the Protection of Children 48 Chapter Five 55 Findings/Conclusion 55 Bibliography 60 Chapter One Introduction to the Study Introduction Humanitarian crises such as the Tsunami in 2004 which claimed 300,000 lives, the war in Darfur in 2002 left hundreds of thousands of children either parentless or displaced.6 The effects of war, most recently in the Middle East have been particularly devastating for children.7 The