Combining restorative justice and social justice: Prospects of child soldiering transitional justice

ABSTRACT

The most critical challenges faced by war-affected communities where children have allegedly perpetrated atrocities include: finding transitional justice practices that address the needs of former belligerent children and those of victims and their communities; and helping to reintegrate child soldiers into society and avoid returning to hostilities. This paper demonstrates that these challenges can be overcome by taking a holistic approach to child soldiering transitional justice, which assimilates restorative justice and social justice. Such an approach simultaneously addresses child soldiers’ criminal accountability and pursues their psychosocial wellbeing. The findings are based on a selective scholarship supported by fieldwork that was conducted in the Democratic Republic of Congo between May and December 2014 in North Kivu province. Data was gathered through semi-structured interviews, focus group discussions and survey questionnaires based on a randomised sample of 282 participants. These included self-demobilised child soldiers, members of war-affected communities, students/learners, educators, local traditional leaders, government officials, child protection lawyers and members of non-governmental organisations.