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Taking Armed Conflict Out of the Classroom: International and Domestic Legal Protections for Students When Combatants Use Schools

Taking Armed Conflict Out of the Classroom: International and Domestic Legal Protections for... Schools around the world are being used for military purposes by State security forces and non-state armed groups. A review of conflicts in 23 countries since 2006 reveals that military use of schools often disrupts, or altogether halts, children’s education and places students and schools at increased risk of abuse and attack. While international humanitarian law does not prohibit the military use of schools, failing to evacuate students from partially occupied schools, which have become military objectives subject to attack, may violate humanitarian law. Moreover, where military use impedes education, States may also violate international human rights obligations to ensure the right to education. Despite these negative consequences and the international legal framework restricting this practice, few States have enacted national prohibitions or restrictions to regulate the military use of schools explicitly. However, the experiences of countries heavily affected by conflict – Colombia, India, and the Philippines – indicate that States can counter opposition armed groups while completely prohibiting the military use of schools. This article argues that States should adopt and implement national legislation and military laws that restrict the military use of schools to better comply with their existing international obligations to protect schoolchildren and ensure the right to education. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of International Humanitarian Legal Studies Brill

Taking Armed Conflict Out of the Classroom: International and Domestic Legal Protections for Students When Combatants Use Schools

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Publisher
Brill
Copyright
© 2012 by Koninklijke Brill N.V., Leiden, The Netherlands
Subject
Articles
ISSN
1878-1373
eISSN
1878-1527
DOI
10.1163/18781527-00202001
Publisher site
See Article on Publisher Site

Abstract

Schools around the world are being used for military purposes by State security forces and non-state armed groups. A review of conflicts in 23 countries since 2006 reveals that military use of schools often disrupts, or altogether halts, children’s education and places students and schools at increased risk of abuse and attack. While international humanitarian law does not prohibit the military use of schools, failing to evacuate students from partially occupied schools, which have become military objectives subject to attack, may violate humanitarian law. Moreover, where military use impedes education, States may also violate international human rights obligations to ensure the right to education. Despite these negative consequences and the international legal framework restricting this practice, few States have enacted national prohibitions or restrictions to regulate the military use of schools explicitly. However, the experiences of countries heavily affected by conflict – Colombia, India, and the Philippines – indicate that States can counter opposition armed groups while completely prohibiting the military use of schools. This article argues that States should adopt and implement national legislation and military laws that restrict the military use of schools to better comply with their existing international obligations to protect schoolchildren and ensure the right to education.

Journal

Journal of International Humanitarian Legal StudiesBrill

Published: Jan 1, 2011

Keywords: international humanitarian law; international human rights law; military purpose; military use; occupation; right to education; schools

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