Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Vol. 4 No. 3 MEI 2026

Criminal Responsibility for Recruitment of Afghan Children by Taliban under International Humanitarian Law

Fatima Samimi (Unknown)



Article Info

Publish Date
26 Aug 2026

Abstract

The recruitment and using of children in armed conflict is grave violation and intentional humanitarian law. However, despite prohibitions by international huma rights law, the domestic law of Afghanistan and its international obligations, Taliban systemically recruited Afghans children as combatants, intelligence information coordinators, logistics, armed transporter and even sauced bombers. This research examines the criminal responsibility of Taliban under international humanitarian laws due to utilization of teenagers of militant purposes by using the theory of criminal responsibility and a human rights approach with legal analysis method. This study finds that Taliban committed war crime in the previous 2o years and now they are violators of international humanitarian law such as the Geneva Conventions and their Additional Protocols, the Convention on the Rights of the Child (CRC), and its Optional Protocol on the involvement of children in armed conflict (OPAC), of Afghanistan domestic laws and war criminals according to Rome statute. As Afghanistan is the member of ICC since 2003, it has jurisdiction to prosecute crimes committed in Afghanistan since 2003 that are defined in the Rome Statute and that define child recruitment as a war crime. On the other hand, under the theory of criminal responsibility, the Taliban’s recruitment of child soldiers meets the three essential elements of the crime. In order to prosecute them, statements, evidence, documentary videos, and documents from victims and their family members must be collected and the ICC Prosecutor’s Office must collect information and conduct trials on the Taliban

Copyrights © 2026






Journal Info

Abbrev

psha

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. ...