الحمايةُ الدوليةُ للأطفالِ أثناءَ النزاعاتِ المسلحةِ بالتركيزِ على اليمنِ والسودانِ

Abstract

ABSTRACT The study entitled: The International Protection of Children During the Armed Conflicts Focusing On the Sudan and Yemen. The importance of this study originated from that the concerning on Children’ protection means attention to the future, and that children are the most subjected to dangers and risks. The study aimed to highlighting on the legal basics and principles of the children’ protection, the role of the different organizations in their protection from violations that being practiced against them during the armed conflicts, the means and mechanisms of this protection particularly in case of recruitment and participation in enmity actions and to study the Sudanese and Yemeni roles of the legislators and declaring their role in protecting children during the armed conflicts and comparison between them. The organizing of the study came into 4 chapters, where it tackled with methodologically scientifically the definition of child, the historical development for his protection during the armed conflicts in chapter 1, the role of the international and regional organizations in this protection in chapter2, then the study tackled the rules of protecting during the stages of the armed conflicts in chapter 3, where chapter 4 came to highlighting on the role of child protection during the armed conflicts in the Sudan and Yemen, it is the largest chapter and most efforts being exerted , where the study tackled almost the laws in the two countries, and the comparison between all the important legal rules in the two legislations that related to children’ protection during the armed conflicts even directly or indirectly, with reviewing the pros and cons comparing with the international rules that approved by the two countries. The study noticed that the most thing that makes children without protection is their recruitment among the armed forces and the armed groups, their involving them in the international and non-international armed conflicts, the matter that jeopardizes them doubly to violations, as they are offenders and victims. The study used the historical, descriptive and analytic methods, besides the comparative method between the national laws and international legal norms whenever required. The study reached to some results, the most important of them: The lack of application of the conditions of recruitment and adoption of penalties for violating in some military and criminal laws and lack in the Sudanese and Yemeni legislations regarding the children protection during the armed conflicts, especially in the two laws of child that must give completed attention on this issue. The study recommended some recommendations, the most important of them: the necessity of strengthening the walls of the protection of children during armed conflicts in the Sudanese and Yemeni child's rights and the necessity to protect children in Yemen from the ongoing armed conflict with applicable urgent or enforceable acts or decisions including the rules for the immediate demobilization of child soldiers from armed forces and groups. The study is interested in this modest effort to open the way before detailed researches in this area.