Towards a Gender-Inclusive Definition of Child Soldiers: The Prosecutor v. Thomas Lubanga Dyilo

Kristin M. Gallagher, Brooklyn Law School

Abstract

The trial of Thomas Lubanga Dyilo (“Thomas Lubanga”) will set international precedent for crimes related to child soldiers. As it is the first trial before the International Criminal Court (“ICC” or the Court), the Court will be setting a standard for interpreting what it means to conscript, enlist or use child soldiers actively in combat. This paper argues that the trial of Thomas Lubanga Dyilo currently before the International Criminal Court represents an opportunity for a precedent-setting decision regarding the use of child soldiers. It also argues for an interpretation of the law that recognizes the changing face of war and the traumatic experiences of child soldiers, regardless of their gender. It examines the potential impacts of a broad interpretation of these provisions, in particular the reach of disarmament, demobilization and reintegration (“DDR”) programs, the deterrent factor the decision could have on armed forces and the general recognition of the law as being in place to protect children from exploitation by armed groups.