ABSTRACT
The chapter traces a comparison between the development (or lack thereof) of a qualified non-punishment principle for, respectively, child trafficking victims and child soldiers or children associated with an armed force or armed group. Definitions and rules spelt out in relevant branches of international law, including international human rights law read in conjunction with transnational criminal law and international criminal law, are analysed. Specifically, the chapter draws a comparison between the 2021 judgement of the European Court of Human Rights in V.C.L. and C.N. v. United Kingdom and the 2021 and 2022 trial and appeals judgements of the International Criminal Court in The Prosecutor v. Dominic Ongwen. Ultimately, the work brings to light issues related to childhood and victimhood, compulsion and consent and argues that, under certain circumstances, child soldiers may be considered as child trafficking victims so that a nuanced approach is needed in untangling definitional and legal complexities related to ‘fighting children’.
