The administration of criminal justice is not just peculiar to adults but applies to children. However, considering the vulnerability of children, it is important to know that the procedure differs. There are laws governing the administration of justice for children and we are taking a careful examination of these laws and the administration system. What is the purpose of the various laws regulating child’s administration in Nigeria? Are there loopholes? Is the administration of child justice for punishment and deterrence? These and many more will be our focus.
WHO ARE CHILDREN IN CONFLICT WITH THE LAW?
Children who are conflict with the law simply means child offenders. It involves children who commit minor offences or crimes. They come in contact with the administration of justice. The term ‘children in conflict with the law’ refers to anyone under 18 who comes into contact with the justice system as a result of being suspected or accused of committing an offence. Most children in conflict with the law have committed petty crimes or such minor offences as vagrancy, truancy, begging or alcohol use
CASE STUDY OF THE DEMOCRATIC REPUBLIC OF CONGO (DRC).
Children in conflict with the law in the Democratic Republic of Congo (DRC) face profound challenges stemming from the country’s long-standing armed conflicts and weak judicial infrastructure. The involvement of children in armed groups, the lack of a robust legal framework, and systemic failures to protect their rights contribute to severe violations of child protection standards (Child Rights International Network, 2016). This case study examines the legal, social, and humanitarian aspects of children in conflict with the law in the DRC, focusing on the recruitment of child soldiers and the country’s legal responses.
Recruitment of Child Soldiers
One of the most serious violations faced by children in the DRC is their forced recruitment into armed groups. For decades, both state and non-state actors have recruited children, often coercing them into participating in violent conflicts (ICRC, 2023). The DRC government signed an Action Plan with the United Nations in 2012 to end the recruitment and use of children by the Armed Forces of the Democratic Republic of the Congo (FARDC) (ICRC, 2023). By 2017, the FARDC was removed from the UN’s list of state actors using child soldiers due to implementing age verification processes and facilitating the release of children (ICRC, 2023).
Despite these efforts, the problem persists. Non-state armed groups, including the M23 rebels, continue to forcibly recruit children, subjecting them to physical and psychological abuse. Recent reports from the United Nations indicate that children have been executed for refusing to comply with orders and are subjected to sexual violence (The Guardian, 2025). UNICEF has documented extensive sexual abuse cases in conflict zones, with hundreds of minors reporting sexual violence within weeks (AP News, 2025).
Legal and Judicial Responses
The DRC has taken steps to address the recruitment and use of child soldiers through legal channels. The landmark prosecution of Thomas Lubanga Dyilo marked a significant milestone. Lubanga, the leader of the Union of Congolese Patriots (UPC), was convicted by the International Criminal Court (ICC) in 2012 for enlisting and conscripting children under the age of 15 (ICC, 2012). This case set an important legal precedent for the international community to hold perpetrators accountable for crimes against children.
While this conviction represents progress, the judicial system in the DRC still faces significant challenges. Children associated with armed groups are frequently treated as perpetrators rather than victims. They often endure lengthy detentions without due process and lack access to proper rehabilitation and reintegration programs (CRIN, 2016). Systemic barriers such as limited resources and weak legal institutions further undermine the effective administration of justice (CRIN, 2016).
Ongoing Challenges
The ongoing conflict in eastern DRC continues to exacerbate the plight of children in conflict with the law. Renewed violence from groups like M23 has led to the mass displacement of civilians, leaving over a million people vulnerable to violence and exploitation (Wall Street Journal, 2025). Children remain at high risk of being recruited or re-recruited by armed groups and face substantial obstacles in accessing justice and social protection services (AP News, 2025).
Conclusion
Children in conflict with the law in the DRC face a multifaceted crisis driven by armed conflict, weak legal protections, and inadequate rehabilitation support. Although the DRC has made progress through legal frameworks and international collaboration, ongoing violence and systemic failures continue to jeopardize children’s rights and welfare. Addressing these issues requires sustained national and international efforts to ensure the protection, rehabilitation, and reintegration of children affected by conflict.
References
- Child Rights International Network (CRIN). (2016). Access to Justice for Children: Democratic Republic of Congo. Retrieved from: https://archive.crin.org/sites/default/files/drc_access_to_justice.pdf
- International Criminal Court (ICC). (2012). The Prosecutor v. Thomas Lubanga Dyilo. Retrieved from: https://www.icc-cpi.int
- International Committee of the Red Cross (ICRC). (2023). Case Study: Democratic Republic of Congo – Ending and Preventing the Use of Child Soldiers. Retrieved from: https://ihl-in-action.icrc.org
- The Guardian. (2025). UN rights body accuses Rwanda-backed militia of killing children in eastern DRC. Retrieved from: https://www.theguardian.com
- AP News. (2025). Armed fighters have raped scores of children in eastern Congo, UNICEF says. Retrieved from: https://apnews.com
- Wall Street Journal. (2025). Rebels Take Another City in Mineral-Rich Congo. Retrieved from: https://www.wsj.com
Success Oghosa Osaretin is a Lawyer//Author//Child Protection Advocate
