Globalisation and Education Futures: Creating an International Institution for the Rehabilitation and Reintegration of Children Involved in Armed Conflict

This book chapter argues that international law supports the conclusion that children under the age of 18 involved in armed conflict and having committed international crimes should be treated primarily as victims. In this regard, the Convention on the Rights of the Child (CRC) emphasises that, in all actions concerning children, the best interests of the child shall be a primary consideration. What serves the best interests of children affected by armed conflicts? Which instrument or mechanism should be strengthened by the international community? Undoubtedly, the pursuit of justice at the international and national level for crimes against and affecting children must be supported. However, it is undeniable that trials can have intricate psychological effects on minors who are compelled to recount acts of violence, whether committed by them, against them, or against others. Certainly, it is worthwhile to contemplate the effectiveness of current justice mechanisms and explore the potential expansion of crimes covered by the ICC Statute involving minors. But what does justice entail for children? Beyond holding those responsible for crimes against them accountable, it is crucial to ensure that children could continue leading meaningful lives. Therefore, the global community should prioritize rehabilitation and reintegration over punitive proceedings, considering the unique psychological and moral development of children.