Source: (2012) Potchefstroom Electronic Law Journal. 15: 45-101

This contribution deals with the position of child victims of armed conflict. An explanation is tendered of the circumstances under which children are considered to be the victims of armed conflict. Specific reference is made to the question of whether or not a former child soldier may be viewed as a child victim. In the second place the question is addressed how a monist or dualist approach regarding the incorporation of treaty law into municipal law influences the rights of child victims in terms of article 39. Thirdly, article 39 is discussed against the background of the CRC as an international human rights instrument.(Excerpt)