The Role Of The Icc In Enforcing The Law Against Child Soldier Recruitment: A Case Study Of Thomas Lubanga Dyilo

Abstract

The use of child soldiers in armed conflict constitutes a serious violation of human rights, the resolution of which is complicated by differing age protection standards across instruments of international humanitarian law, human rights law and international criminal law. These variations reflect diverse normative approaches among distinct legal regimes, yet remain within the broader framework of a fundamental prohibition against the recruitment of children below certain age thresholds. This study aims to analyze the role of the International Criminal Court (ICC) in enforcing the law against such crimes through a case study of Prosecutor v. Thomas Lubanga Dyilo. Employing a normative legal research method with a case study approach, this research highlights the ICC's position as a court of last resort and examines the implementation of the doctrines of individual criminal responsibility and command responsibility in the case. The findings indicate that the ICC successfully upheld individual criminal accountability, clarified the definition of active participation in hostilities and established restorative reparations mechanisms for victims through the Trust Fund for Victims. Nevertheless, the ICC continues to face significant structural obstacles, particularly regarding its reliance on state cooperation, jurisdictional limitations and the application of the gravity threshold that restricts the scope of prosecution. In conclusion, the Lubanga ruling has proven to be a crucial legal precedent, demonstrating the effectiveness of international criminal justice mechanisms in eroding the culture of impunity for perpetrators of child soldier recruitment, while simultaneously highlighting the need for strengthening national judicial systems and harmonizing child protection standards at the international level.