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10 - Blurring the Lines

How Are Female Child Soldiers Protected by the Laws of War?

Published online by Cambridge University Press:  11 January 2024

Matt Killingsworth
Affiliation:
University of Tasmania
Tim McCormack
Affiliation:
University of Tasmania
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Summary

This chapter explores the protections afforded under the laws of war to young women and girls who, over the course of a single conflict, may occupy the roles of a child, a civilian, a combatant, a killer, a victim of sexual violence, and/or a mother. But rather than exploring this question into relation to women and girls as a homogenous group, it focuses on one young woman in one conflict, the so-called Second Congo War. Drawing on testimony provided by this witness during the Ntaganda case at the International Criminal Court (ICC), the chapter presents a critical view on the role of law in war. It observes that even with advances in legal protections for women and girls, as demonstrated by this important ICC case, in practical terms these actors often have no one to protect them but themselves.

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Publisher: Cambridge University Press
Print publication year: 2024

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