Some conventions were adopted namely since the end of the nineteen eighties in order to ensure the protection and defense of the Child rights. By its judgement of December 19,2005, the International Court of Justice contributed for the first time to this healthy work for humankind specially today's children and those of tomorrow.
My point aims at drawing some provisions of the foretold judgement that the Court holds very dear on the children-soldiers. It is in six paragraphs of its decision that the main judicial organ of the United Naions Organisations condemned the unlawful resort to children in the armed conflicts. It is about paragraphs 208,210,211,217,219 and particularly 345 2 and 3 of the judgement of December, 19, 2005.
Paragraph 208
"The Court further finds that ….the armed conflict between Ugandan and Rawandan forces in kisangani led to……sixty -nine schools wire shelled….
Paragraph 210
" The Court finds that there is convincing evidence of training in UPDF training camps of child soldiers and of the UPDF failure to prevent the recruitment of child in areas under its control…. The fifth report of the Secretary-General on MINUC… refers to the confirmed cross-border deportation of recruited Congolese children from the Bunia, Beni and Butembo region to Uganda the Eleventh report of the Secretary-General on MONUC… point out that the local UPDF authorities in andaround Bunia in ituri district have failed to prevent the fresh recruitment or re recruitment of children as child soldiers"
Paragraph 211
"………the Court considers…that the UPDF troops…was involved in the training of child soldiers….
Paragraph 217
" The Court considers that the following instruments…. As relevant in the present case:
-Convention on the Rights of the Child of 20 November 1989 ratified by DRC and Uganda"
Paragraph 219
" In view of the foregoing the Court find that Uganda also violated the following provisions of the international humanitarian law and international human rights instruments, to which both Uganda and DRC are parties:
- convention on the Rights of child, Articles 38, paragraphs 2 and 3,
- Optional Protocol to the Convention on the Rights of the Childs, Articles 1,2,3 paragraphs 3,4,5 and 6".
Paragraph 345
The Court finally:
" Finds that the Republic of Uganda by the conduct of its armed forces, which…trained childs soldiers… violated its obligations under international human rights law and international human rights law and international humanitarian law".
Thank you very much for your attention.
|