Should Children Commanders in War Time Be Punished?

I would say that crimes, in whatever forms, should be addressed by a justice system that is credible, fair, and transparent. Regardless of age, gender, class, ethnicity and nationality of the offender, s/he should be brought to a "sense" of justice which entails punishment to the offender. Therefore, children are no exception in this case.

In the context of what happened in Sierra Leone, children commanders committed atrocities during its civil war in the 1990s. Should they be punished? Why? How?

Children commanders should be punished because what they did are heinous crimes. I have no reservation in saying this. Crimes are punishable by national and/or international law. How much more are the crimes of these magnitude and gravity! There should be no exception in addressing these horrendous crimes.

However, the case of children commanders in Sierra Leone merits a number of procedural considerations in addressing their crimes. First, they should not be tried along with the adult commanders and soldiers. Second, a specialized court should be created to hear the cases of these young offenders. This specialized court should be impartial and gain the consent and trust of the offenders. Third, the offenders should be represented by a counsel who has an understanding of child psychology and psychiatry. My concern why I propose this consideration is that by revisiting the dreadful memories of the civil war, it may trigger repulsive behaviors or thoughts from the offenders. These behaviors and thoughts may be incriminating and delay the proceedings.

If I were to act as a counsel in defense of the children commanders, I would argue the following; mandate and jurisdiction of the court, command responsibility, diminished culpability, proportionality of the crimes to the children's capability, and appeal to the tendency to be sympathetic to the children.