Children and terror: assessing the extent to which IHL offers protective mechanisms and remedies

The phenomenon of terror has in the recent past, increasingly become the tool for oppression and politics of compulsion, where combatants resort to the use of ambush, surprise attacks fright and disruption of people’s normal... [ view full abstract ]

The phenomenon of terror has in the recent past, increasingly become the tool for oppression and politics of compulsion, where combatants resort to the use of ambush, surprise attacks fright and disruption of people’s normal lives.

The nature and system of terror attacks and the cycle of retaliation exposes the entire world population. There is however no underestimating the special vulnerability that is suffered by children, who because of their tender age, and the insensitive nature, face extensive damage over and above other casualties. The consequence of the exposure of the violence is a degeneration and incredible harm to the children, brokenness and loss of freedom. Terrorism creates a permanent ‘prisoners of war’ status that is not necessarily physical but also mental. The nature of any possible military objective in terror attacks is to weaken not the combatant in the field and to take over his town, but to take over his freedom in the mind.

When it comes to IHL the constrain comes in the limitation that IHL can only apply where there is a resort to armed force, and which armed conflict is sufficiently described (even if not defined) in international law.

This paper will describe the rules of IHL are applicable to the protection of children in various terrorism situations. For the situations where terror attack does not amount to or does not coincide with armed conflict, the paper will propose a number of human rights standards and options for legal applications that have also been provided in law.

The paper will also consider the following issues: general and specific rules affecting children under IHL; the special vulnerability of children in armed conflict; the recruitment of children as warlords of terror; the issues related to accountability for the involvement of children in armed conflict and specifically terrorism.