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All Journal Indonesian Journal of International Law Journal of Law and Legal Reform
Magashi, Salim Bashir
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Addressing Challenges and Development in Enforcing International Laws on Child Soldiers: The Need for Legal Reform Okereke, Obinna Nnanna; Nnawulezi, Uche; Magashi, Salim Bashir; Adiyatma, Septhian Eka; Balarabe, Kasim
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1529

Abstract

The purpose of this paper is to examine the challenges of enforcing the international legal framework on child soldiering. The paper reveals that, as the offense of child soldiering escalates, the multi-dimensional scope for protecting child soldiers spans various legal regimes under international law. It argues that, despite several prohibitive norms established in International Humanitarian Law (IHL), International Human Rights Law (IHRL), the International Labour Organization (ILO), and International Criminal Law (ICL), their application or enforcement against child soldiering remains ineffective and inadequate due to numerous impediments and challenges. This is because "law on paper," like a baby in the womb, must align with "law in action" to achieve adequate effectiveness. The methodology employed is doctrinal research. Major gaps were identified, and the paper provides comprehensive recommendations to enhance the enforcement of global treaties against child soldiering. The paper concludes with recommendations to address the technical and legal complexities associated with child soldiering.  
Addressing The Principle and Challenges of Enforcement and Prosecution Under Universal Jurisdiction: Charting New Pathways for International Justice Nnawulezi, Uche; Nwaechefu, Hilary; Magashi, Salim Bashir
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Remarkably, the principle of universal jurisdiction is increasingly gaining traction in the international justice system as a key aspect of the prosecution of crime globally. Driven primarily by efforts to combat crime, this paper examined the relevance of universal jurisdiction in order to determine its adequacy as a system of international justice. Contextually, the principle of universal jurisdiction emerged as a supplemental component of the international justice system. This paper adopts the doctrinal approach by identifying and analyzing the relevant provisions and challenges of universal jurisdiction. It argues that if regular enforcement is a goal of the emerging international justice system, then universal jurisdiction will be an essential part of the system. The paper found out that the application of universal jurisdiction is saddled with challenges, not because of its reliance on national authorities to enforce international norms but due to the reluctance of those authorities to play this role. It concludes that universal jurisdiction will not become a reliable pillar of the international rule of law until these challenges are properly addressed.
Co-Authors Adiyatma, Septhian Eka Balarabe, Kasim Nnawulezi, Uche Nwaechefu, Hilary Okereke, Obinna Nnanna