The protection of children in non- international armed conflict: Lessons from South Sudan and Democratic Republic of Congo

Abstract

Armed conflicts have become increasingly frequent in Africa, particularly in the Eastern and Western regions of Africa. Armed conflict exposes all affected populations to several vulnerabilities and harms. For example, children, as a vulnerable group, experience more problems in this regard. However, armed conflicts are generally regulated internationally through humanitarian law and human rights laws. Accordingly, several United Nations Conventions and Protocols have been adopted to protect the rights of children affected by armed conflict through humanitarian and human rights law. Africa has also adopted landmark regional instruments to enshrine and protect children's rights, such as the African Charter on Rights and Welfare of Children (ACRWC) and the African Charter on Human and Peoples’ Rights (African Charter). In essence, Africa’s instruments underscore and incorporate provisions of international instruments that carry binding effect at the regional level, and member states are obliged to give these provisions domestic effect through constitutional and legislative processes. This study aims to analyse the extent of legal protection for children in armed conflict in Africa. Furthermore, it addresses the vulnerabilities and implications children exposed armed conflict. The study utilized case studies from South Sudan and the Democratic Republic of Congo, from which occurrences of armed conflict have been persistent and discern how children are protected from the harms of armed conflict. The doctrinal method was used because the information was compiled on a desktop study.