Bill To Deny Safe Haven To War Criminals

Who Exploit Child Soldiers Sent To President

 

WASHINGTON (Monday, Sept. 15, 2008) – Legislation that would make it a crime to recruit or use child soldiers was sent to the President for his signature today, following final passage of the measure by the Senate.  The bipartisan bill, which the President is expected to sign, was authored by Senators Dick Durbin (D-Ill.) and Tom Coburn (R-Okla.). The Child Soldiers Accountability Act would give the federal government the authority to prosecute, deport or deny admission to an individual who recruited or used child soldiers under the age of 15. When signed, the bill will become the second piece of legislation from Durbin and Coburn’s Judiciary Subcommittee on Human Rights and the Law to be enacted into law.

 

“The United States must not be a safe haven for those who exploit children as soldiers. Period,” Durbin said. “The use of children as combatants is one of the most despicable human rights violations in the world today and affects the lives of hundreds of thousands of boys and girls who are used as combatants, porters, human mine detectors and sex slaves. The power to prosecute and punish those who violate the law will send a clear signal that the U.S. will in no way tolerate this abhorrent practice.” 

 

“Children should never participate in hostilities. Yet, tragically, more than 2 million children around the world have lost their childhoods, their innocence, and ultimately their lives following forced or coerced recruitment into militaries or militias,” Dr. Coburn said. “Another 6 million have suffered disabling injuries, and 250,000 children continue to be exploited today.  This bill helps ensure that those who recruit or use child soldiers will not be able to seek safe haven in the United States and in the event they are found in this country, it allows us — for the first time — to punish them under U.S. criminal laws.”

 

“The conduct prohibited by the Child Soldiers Accountability Act is appalling, but happens all too often throughout the world,” said Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.).  “Our country should do everything it can to stop this offense to human rights and human dignity.  Senator Durbin has been a leader on this issue and I commend him for his work to address human rights violations around the world.  I hope the President will quickly sign this bill into law.”

 

Children are currently fighting as soldiers in over twenty countries. Denied a childhood and often subjected to horrific violence, an estimated 200,000 to 300,000 children are serving as soldiers for both rebel groups and government forces. Physically vulnerable and easily intimidated, children typically make obedient soldiers and participate in all aspects of warfare. Many are recruited by force, and often compelled to follow orders under threat of death.

 

The Child Soldiers Accountability Act was cosponsored by Senators Russ Feingold (D-Wis.) and Sam Brownback (R-Kan.).

 

“Child soldiers in Africa and across the globe are forced to perpetrate atrocious acts while often being victimized by drug addiction, psychological manipulation, and sexual abuse,” Feingold said. “Forcing children to fight robs them of their innocence, violates their basic human rights and poses a threat to the security of communities and entire countries.  With passage of this legislation, which ensures that those who recruit and use child soldiers are held accountable, we renew our nation’s commitment to ending the use of child soldiers.”

 

“I am very proud to see Senate passage of the Child Soldiers Bill,” said Senator Brownback.  “We as a society must not tolerate the recruiting, enlistment or conscription of children under the age of 15 for use in military actions.  Child soldiers are subjected to unspeakable atrocities; in some cases these children are forced to kill their own family members.  It is time the global community holds accountable the responsible parties who are subjecting innocent children to a brutal life of violence.”

 

In addition to the Child Soldiers Accountability Act, Durbin has introduced the Child Soldiers Prevention Act which would ensure that U.S. taxpayer dollars are not used to support governments or government sanctioned military and paramilitary organizations that use children as combatants. The bill would allow for U.S. military assistance to continue but only if the assistance is used to remedy the problem by helping countries successfully demobilize their child soldiers and professionalize their forces.

 

Senator Durbin became the Chairman of the first ever congressional committee dealing specifically with human rights last January. That committee, the Senate Subcommittee on Human Rights and the Law,  has jurisdiction over all human rights law and polices, including genocide, human trafficking, war crimes and torture.

 

The problem addressed in the Child Soldiers Accountability Act was identified during a hearing Senator Durbin chaired in April of 2007 on “Casualties of War: Child Soldiers and the Law.”

 

It is the second bill from this subcommittee to become law this Congress. The first was the Genocide Accountability Act, which closed the legal loophole that prevented the U.S. Justice Department from prosecuting individuals in the United States who have participated in genocide in other countries.

 

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Statement Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,

On The Passage Of S. 2135, The Child Soldiers Accountability Act Of 2007

September 15, 2008

 

I am pleased that the Senate today will pass S. 2135, the Child Soldiers Accountability Act, which will combat the unconscionable practice of using children as soldiers in violent conflicts.  I thank Senator Durbin and Senator Coburn for introducing this important legislation and I am proud to be a co-sponsor.  I also thank them for their leadership on the Judiciary Committee’s new Subcommittee on Human Rights and the Law.  Their leadership in working with the House sponsors to produce a consensus bill that we can all support has been critical.  The United States should do all it can to prevent and punish this conduct, which is so contrary to our values. 

 

The use of children as soldiers has been universally condemned as abhorrent and unacceptable. Yet over the last decade hundreds of thousands of children have fought and died in conflicts around the world.  This legislation would close the gap in our law and enable the U.S. Government to bring child soldier perpetrators that are found in our country to justice.

 

This bill creates a tough new criminal provision aimed at those who recruit or conscript children under the age of 15 into armed conflict.  It extends U.S. jurisdiction to perpetrators of this crime who are present in the United States, regardless of their nationality and where the crime takes place, so that those who exploit children will not find this country to be a sanctuary from prosecution.  The bill also amends immigration law to allow those who have used children as soldiers to be barred or removed from the United States.

 

This bill is the second piece of legislation to pass both houses of Congress resulting from the work of the Judiciary Committee’s Subcommittee on Human Rights and the Law.  I was proud to work with Senator Durbin to create the Human Rights and the Law Subcommittee.  I am glad that the efforts Senator Durbin and I have made to make this Subcommittee a force for change and to bring focus on these important issues is resulting in legislative action, as well as providing a forum to put a spotlight on important issues.  The Subcommittee has already worked to make the Genocide Accountability Act law, and it which will soon provide a powerful new tool in America’s efforts to prevent and punish genocide.  The Subcommittee has made further progress with hearings and legislation dealing with human trafficking and other vital issues.

 

The conduct prohibited by the Child Soldiers Accountability Act is appalling but happens all too often throughout the world.  We should do everything we can to stop this offense to human rights and human dignity, which exacts such great costs from too many of the world’s children.  I commend the Senate for passing this important legislation today and I hope the President will quickly sign this legislation into law.  

 

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