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La protection des droits des enfants dans les conflits armés

Abstract : The protection of children's rights a victim of armed conflict is a recent and current problem which is based on the evolution of human rights and the changing nature of conflicts. It raises the question of the existence of an international legal framework consisting capable of providing protection and assistance to child plagued by hostilities. On this point, it appears that international law provides a set of legal mechanisms applicable to the child, whether direct or indirect victim of the conflict, or participate directly in hostilities. Today too many children die each day due to conflict, disease, malnutrition too are exploited and do not have the opportunity to take classes in a school, seeing their future away from them every day a little more. However, examination of these instruments shows that they are often characterized by the generality of their provisions which are not always adapted to take account of the specific nature of the child. In addition, they sometimes raise questions of applicability. So, if we can not deny them any effectiveness, it remains, in many respects, partial. The adoption of legal mechanisms specifically applicable to the child, had also intended to remedy this inadequacy and the completeness of the legal framework. This respect the obligation to protect children and offer them the opportunity to benefit from support programs implemented in the field by many humanitarian organizations claiming loudly that everyone must act in one way or another, to enable the development of actions increasingly diverse and increasingly effective despite the difficulties. Continuing violations did, however, become aware of the normative gaps and requires a redefinition of the objective of protection. In this context, the growing involvement of the Security Council but also the criminalization of violations committed during the armed conflict, define a new approach to the responsibility of the international community in this regard. This intervention, in fact, served to remind States of their obligations and adopt sanctions against individuals offenders. Similarly, sentences imposed by the International Criminal Court and the Special Court for Sierra Leone for war crimes of recruitment and use of child soldiers mark the end of a miscarriage of justice.
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Submitted on : Wednesday, May 2, 2018 - 6:12:05 PM
Last modification on : Sunday, May 12, 2019 - 3:37:10 AM
Long-term archiving on: : Monday, September 24, 2018 - 2:30:45 PM


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  • HAL Id : tel-01783932, version 1



Mayssa Matouk Matouk Abdelnaby. La protection des droits des enfants dans les conflits armés. Droit. Université Bourgogne Franche-Comté, 2017. Français. ⟨NNT : 2017UBFCF002⟩. ⟨tel-01783932⟩



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