The application of the best interests of the child principle to protect the interests of children in armed conflict situations

摘要

This study aims at testing the applicability of the universal standard for protection ofchildren, ―the best interests of the child principle‖, to children caught up in armed conflictsituations.The study introduces the effects of armed conflict on children by discussing two casestudies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and theLRA as it formerly operated in Northern Uganda. Heart-breaking narrations of childvictims are given prominence to show the invalidity of ―best interests‖ principle in conflictsituations.It acknowledges that the ―best interests‖ principle is a good tool for enforcement ofchildren rights. It analyses the theory of rights in general so as to explain the origin andimportance of rights. Since children‘s rights are part and parcel of human rights, thestudy also looks at the international human rights and the regional and internationalenforcement mechanisms, though not in details.This study looks at the various theories justifying the existence of children‘s rights, andthe dichotomy between rights and interests. It also addresses the protection of childrenrights and the various discourses advocating for or negating children‘s rights. Itexplores the age question with regard to enforcement of children‘s rights based on thefact that childhood is a dynamic period.It also critically analyses the ―best interests‖ principle and the various alternativestandards that have been advanced. It concludes that despite the various criticisms,the ―best interests‖ principle still obtains the better standard for protection of children‘srights in peace times subject to being complemented by other rules. The study alsofocuses on protection of children under the International Humanitarian Law with specificfocus on civilian protection during armed conflict. It also focuses on the progress madein international efforts to protect children from the effects of armed conflict.Finally, reasons are advanced as to why the Best Interests Principle is not applicable inarmed conflict situations, and an alternative standard proposed.