A Failure by African States or a Gap in the Law? An Appraisal of the African and International Legal Framework for the Protection of Child Soldiers

Abstract The use of child soldiers in Africa is rife. Despite the existence of comprehensive regional and international legal frameworks protecting children in armed conflict their conscription continues to severely violate their best interests. This doctrinal study analyses the duty of African states to care for children in armed conflict within the context of international and regional responses. This article calls for the International Criminal Court to make a clear pronouncement on the status of children in armed conflict over the age of 15. It also asserts that the Dominic Ongwen and Thomas Kwoyelo judgments highlight the plight of child soldiers, who arguably became child soldiers because of the failure of the State to protect them. A valuable contribution is made by specifically analysing the relevance and applicability of the United Nations Sustainable Development Goals and the African Union Agenda 2063 in the protection of child soldiers.