Ariticle38Protection in war
- States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.
- States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.
- States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.
- In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.
This article aims to prevent the exploitation of the child by the State in conflicts. The International Criminal Court prohibits children under 15 years of age from being conscripted or used in the military, and an optional protocol to the Convention on the Rights of the Child prohibits it from children under 18 years of age. Still today, there are confirmed cases of children being used in armed conflict zones, commonly known as “child soldiers” (at least 250,000). Some have been impelled to enter for economic reasons, while others are forced (or kidnapped) enlisted. Despite the inhumane treatment they have received, such as being forced to walk through minefields or being threatened to go to the front lines, society considers them accomplices in criminal acts. The issue is that the wrong prejudice against child soldiers and other factors make it difficult for child soldiers to reintegrate into society.