by Cris Kelman, 2024 Student Ambassador and J.D. Candidate, University of Denver Sturm College of Law*

This blog is part of a series of reflections on ILW 2024 by our Student Ambassadors. Each Student Ambassador engaged with various panels and will share their experiences over the spring and in the lead up to ILW 2025.

Children living in areas affected by armed conflict face some of the most devastating consequences of war, including death, injury, forced migration, food insecurity, and loss of education. Many are forcibly recruited as child soldiers or subjected to sexual slavery by armed groups, enduring unimaginable hardships. This roundtable discussion examined the creation of protective environments for children in armed conflict, drawing on insights from the Beyond Compliance Consortium’s Research Program on Building Evidence for Promoting Restraint by Armed Actors. Featuring a panel of leading experts—including moderator Warren Binford and Rocco Blume, Alison Dundes Renteln, Michael Garcia Bochenek, Ioana Cismas, and Ezequiel Heffes—the discussion integrated quantitative and qualitative research, proposing actionable initiatives for improving the safety and well-being of children in conflict zones.

On October 26, 2024, at International Law Weekend, Co-Chair Warren Binford opened the discussion by reflecting on the journey of international law—where it has been, where it stands, and where it is heading. She began by posing a question to Rocco Bloom, Head of Policy and Advocacy at War Child UK and Co-Chair of Action on Armed Violence: How does armed conflict contribute to the vulnerability of children, and what unique harms do they face in such contexts? Bloom explained that, in stable societies, children are protected by families, schools, and social systems. However, in conflict zones, these protections often collapse, leaving children exposed to violence, exploitation, and neglect. Efforts in these situations focus on establishing safe spaces, providing education and mental health support, reuniting families, and advocating for children’s rights to ensure immediate relief and long-term resilience.

Co-Chair Binford then directed a question to Ioana Cismas, a York Law School professor and the Applied Human Rights Center Co-Director, to explain what “Beyond Compliance” means. The “Beyond Compliance” concept, introduced by the Beyond Compliance Consortium, aims to address harm and need in armed conflict beyond current legal frameworks. This initiative, involving universities and humanitarian organizations, starts with the lived realities in conflict zones like Afghanistan, Ukraine, and South Sudan. It identifies gaps where international law fails to address key issues, such as child conscription, and promotes strategies based on local values, feminist thought, and moral considerations. By focusing on practical and inclusive approaches, Beyond Compliance seeks to tackle the overlooked consequences of war, ensuring protection strategies that go beyond legal constraints.

This led to a question for Alison Dundes Renteln, an expert on cultural rights and childhood resilience, about how children’s cultural rights are affected in armed conflict. Renteln explained that the right to culture is a key part of human rights law, encompassing elements like language, religion, and customs. It plays a critical role in fostering resilience, especially in children exposed to trauma, by helping them maintain a sense of identity and strength. However, during armed conflict, culture and traditions are often destroyed, and harmful practices like child soldier recruitment and forced marriages emerge. Renteln highlights the Convention on the Rights of the Child, which outlines protections for children’s cultural rights, including access to language and play. She has worked with the World Bank to integrate cultural rights into protecting cultural heritage in conflict zones like Gaza and the West Bank. She suggested initiatives such as art therapy and culturally relevant curricula in schools could help children process trauma. While acknowledging the negative aspects of culture, such as harmful traditions, Renteln emphasized the need to balance protecting cultural rights and addressing other urgent needs like health and safety.

Michael Garcia Bochenek then discussed children’s rights in armed conflict and the international legal framework designed to protect those rights. Bochenek explained that the focus has evolved from child soldiers to a broader recognition of children affected by armed conflict. While international humanitarian law (IHL) initially concentrated on the protection of child soldiers, it has since expanded to address other forms of exploitation, such as the use of children for labor or sexual services in conflict zones. He highlighted that although many human rights laws apply universally, wartime conditions sometimes override them. For instance, unlike hospitals or cultural heritage sites, schools are not explicitly protected under IHL and may become military targets, risking destruction or misuse. To address this gap, initiatives like the Safe Schools Declaration have been introduced, encouraging states to voluntarily commit to safeguarding schools in conflict areas. Bochenek further emphasized the importance of rehabilitation and reintegration for children affected by conflict, particularly those forced into armed groups, stressing that these children should be viewed as victims rather than offenders.

Turning to Ezequiel Heffes, Bochenek posed a question about recruiting and conscripting children into the armed forces, a topic Heffes has worked on extensively. Heffes highlighted the global humanitarian crises driving current conflicts, including in the Middle East, Ukraine, and Sudan. He noted that many armed groups recruit children, use schools for military purposes, and violate humanitarian laws. He continued, stating that compliance with IHL is often inconsistent, as many armed groups and even state forces in fragile states violate the law. He explained that a lack of knowledge about IHL is common among armed group members, and weak command structures make enforcement difficult. Heffes stressed the importance of directly engaging with armed actors to educate them on IHL – particularly regarding child recruitment – and working with community leaders to promote understanding and compliance. He concluded that while challenges remain, some armed groups have signed commitments and adopted codes of conduct aligning with IHL.

Next, Ezekiel Heffes and Michael Garcia Bochenek discussed the importance of integrating human rights and humanitarian law. They touched on the necessity of engaging directly with armed groups, particularly regarding the recruitment of child soldiers and sexual violence against children. A key point raised was whether the International Criminal Court (ICC) is ever discussed with these actors, given its role in prosecuting those involved in these crimes. The response emphasized that some groups may not fear prosecution or even know about the ICC. Still, for others, the fear of being labeled as criminals or terrorists by the international community can be a deterrent. The discussion also turned to the broader challenges of implementing international law and the need for powerful states to fund child protection programs and respect their legal obligations. Despite frustrations with global leadership, there was recognition that progress has been made, notably through soft law instruments and advocacy efforts, though full implementation remains a challenge.

Following, Allison Renteln discussed how children’s rights intersect in armed conflict, highlighting that while all children are vulnerable, some face greater risks, such as those with disabilities or from marginalized cultural and ethnic groups. Children with disabilities often have difficulty accessing protection and healthcare, and girls in conflict are particularly at risk of sexual violence and forced marriages. Renteln emphasized the inadequacy of current legal frameworks to address these compounded vulnerabilities and advocated for a more intersectional approach. She also suggested that better consultation with children and collaborative recommendations from international bodies could help safeguard their rights.

Binford closed the discussion by asking Ioana Cismas to respond to Renteln’s call for solutions, acknowledging that her Consortium is answering that call. However, Binford raised concerns that their approach could be seen as idealistic or utopian, questioning whether it can lead to a tangible, realistic impact on the lives of children affected by armed conflict. In response, Cismas emphasized that while compliance with international law is essential, real-world solutions often go beyond it. She shared two examples where non-legal factors, such as religious values and community-based reflexivity, have led to positive outcomes for children. One example involved the Moro Islamic Liberation Front in the Philippines, which, after engaging with UNICEF, removed child soldiers from its ranks by interpreting international humanitarian law through an Islamic lens. The second example highlighted a non-state armed group that, reflecting on the harm caused by their past use of child soldiers, has prioritized rehabilitation and education. Cismas argued that these examples demonstrate that solutions often come from the ground up, where local leaders and smaller organizations play a critical role in resolving issues, not solely from top-down legal frameworks. She called for a humbler understanding of the complexities involved and recognized the importance of a multifaceted approach that includes law, politics, religion, and community efforts.

*Cris Kelman is a 3L and J.D. candidate at the University of Denver Sturm College of Law, where he focuses on international business law, inspired by his parents’ South American roots and his first language, Spanish. He has been actively involved in the Denver Journal of International Law & Policy, serving on the board for two years, first as Candidacy and Events Editor and now as Business and Events Editor. Cris is also the treasurer of the International Law Society. He has had diverse internships, including positions with an in-house financial services company, the Attorney General’s Office, the Colorado Court of Appeals, and a prominent private firm this summer.