The rights to life and freedom from torture of children associated with Non-State Armed Groups

Abstract

There are hundreds of thousands of children who are associated with non-State armed groups (NSAGs), recruited either forcefully or voluntarily. These children are subjected to various experiences during their association, which pose significant threats to them, including direct threats to their lives and serious harm to their physical and psychological wellbeing. Consequently, a range of protections of these children, as recognized under international law, are affected. Based on exploration of the main threats they face, it is argued that the rights to life and freedom from torture of these children are particularly implicated. It is also argued that international law rules that provide protection in this regard impose binding obligations on States, as well as NSAGs. Accordingly, it is analysed and argued that territorial States within whose territorial jurisdiction NSAGs operate, and third States that aid, assist or support NSAGs extraterritorially have certain obligations to ensure that NSAGs observe the children’s rights. It is also shown that rules of international law have established certain obligations on NSAGs in this regard. in doing so, relevant rules of international humanitarian law (IHL) and international human rights law (IHRL), augmented with rules of international criminal law (ICL), are assessed. Relatedly, since international organizations, notably the United Nations (UN), are also influential actors engaged in activities related to the situation of such children, obligations under international law possibly applicable to them are also investigated. Moreover, the thesis appraised issues related to remedies and reparations that could be sought by the children whose rights are violated