The Italian Platform for the Humanities and Social Sciences
Brigida Varesano
The Controversial Condition of Child-Soldiers: The Quest For Consistency Through the Lens of the Child’s Best Interests in the Light of the Convention on the Rights of the Child
Child-soldiering appears as a phenomenon dense with complexity, how its persistency testifies. The
main challenge for international law concerns the twofold legal status of child-soldiers: not only victims
of international crimes, but even criminal perpetrators themselves. Against such scenario, international
law has pursued the child’s best interests principle within a twofold dimension, following
the rationale upon which article 3 of the Convention on the Rights of the Child of 1989 is based. On
one side, the protection of child-soldiers as victims has been achieved on the ground of substantive
law; on the other side, the criminal accountability of child-soldiers has led to a paradigm shift, by
which the principle of the best interests has been evaluated under the procedural dimension.