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Humanising the Law of Targeting in Light of a Child Soldier’s Right to Life

Contemporary conflicts are epitomised by warfare never seen during the codification of the laws of war during the 19th and 20th centuries. In present times, children are increasingly being recruited and used as soldiers. Aside from the prohibition against their recruitment and use, and the prosecution of those who violate these prohibitions, more is needed to protect their right to life. Pursuant to the law of targeting, child soldiers may be subject to the use of lethal force. It has been queried whether there is a moral basis to apply different targeting rules to spare their lives. This paper will suggest that it may be in the interests of humanity for a new approach to be taken. In particular, this paper will consider whether international human rights law may humanise the law of targeting to restrict the degree of force that would ordinarily apply. Humanisation may provide a remedy to the moral dilemma posed.