Supreme Court orders a new law as Transitional Justice Act overlooks child soldiers’ issue
Summary
The Supreme Court of Nepal has ordered the government to enact a law criminalizing the recruitment and use of child soldiers under 18, finding the Transitional Justice Act inadequate in addressing their rights and rehabilitation.
Key Points
- The Supreme Court directed Nepal’s government to criminalize recruitment and use of children under 18 in armed forces, as the Transitional Justice Act fails to address this issue.
- Former child soldiers’ concerns were not properly incorporated in the 2024 amendment of the transitional justice law despite Nepal’s international obligations.
- The court ordered the government to ensure rehabilitation, reintegration, and dignified treatment for former child combatants beyond financial assistance.
- Individual accountability for command-level war crimes was deferred to transitional justice bodies rather than direct prosecution by the court.
