A Critical Evaluation of the Failure of International Law to Protect Children in Armed Conflicts and the resultant Humanitarian Crises that typically follow

Abstract

This dissertation provides a critical evaluation of the failure of international law to protect children in armed conflicts along with the resultant humanitarian crises that typically follow. The reason for this is that contemporaneous armed conflicts have effectively directed international attention to the vulnerability of children during armed conflicts and the resultant humanitarian crises which usually arise thereafter. Practically, the reason for this is that the international laws dealing with human rights generally and those of children more specifically arguably fail to effectively attach a special status to them in those geographical and political areas affected by armed conflicts. Consequently, there appears to be a significant policy gap between international laws objectives and their actual application and implementation which threatens children’s welfare in these areas during the course of armed conflicts and in any resultant humanitarian crises. The reason for this is that it is debatable if the systemic mechanisms in place protect children’s rights in the context of armed conflicts and the resultant humanitarian crises along with whether these primary laws should be supplemented to more effectively unite the international community to protect children’s rights in this regard. With this in mind, this dissertation also makes a series of recommendations for the purpose of improving the protection of children under human rights and humanitarian law internationally during the course of armed conflict and resultant humanitarian crises. Finally, this dissertation concludes with a summary of the key points to have been derived from this dissertation with regard to the fact that international law fails to effectively recognise children’s rights in conflict zones and resultant humanitarian crises due to individual States failure to implement, comply with and enforce the laws in this area.