Matthew Happold
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The legal regulation of the recruitment and use of children in hostilities
International human rights law
in Child soldiers in international law
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Following the conclusion of the two APs, the locus of the development of the law relating to the recruitment and use of children in hostilities moved from the arena of international humanitarian law to that of international human rights law. An article regulating the participation of children in hostilities appears in the 1989 Convention on the Rights of the Child (CRC). However, following dissatisfaction with the provisions contained in the CRC, in 2000 an Optional Protocol (OP) to the CRC on the Involvement of Children in Armed Conflict was adopted to cure their defects. Difficulties in the negotiation of the OP, however, meant provisions on child recruitment were also included in a 1999 ILO treaty, ILO Convention 182 on the Worst Forms of Child Labour. The African Charter on the Rights and Welfare of the Child is the only regional human rights treaty specifically concerned with children's rights.

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