ABSTRACT
This chapter considers how war crimes concerning the conscription, enlistment and use of children under the age of 15 years to participate actively in hostilities have evolved in international criminal law (ICL). It considers the issues that have arisen when these crimes have been prosecuted before the Special Court for Sierra Leone (SCSL) and the International Criminal Court (ICC). Both the SCSL and the ICC have had difficulties in distinguishing between different war crimes. During armed conflicts children can be used in myriad different roles. Some may have combat roles, but many are used for other jobs, such as collecting food, running errands, gathering information, spying and looting. Different international treaties contain different phrasings regarding the use of children in armed conflict. Article 38 of the Convention on the Rights of the Child requires state parties to take all feasible measures to ensure children who have not attained the age of 15 do not 'take a direct part in hostilities'.
