Child Soldiers Prevention Act: Difference between revisions
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== Waivers and removals == |
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The CSPA bans the United States from providing military assistance or arms sales to governments that use children in combat, but the president may waive the application of the law for specific countries if it is deemed to be in the [[national interest]].<ref name="Hogg">{{cite web|last1=Hogg|first1=Charu Lata|title=The Loophole That Lets the U.S. Government Fund the Use of Child Soldiers|url=https://www.opensocietyfoundations.org/voices/loophole-lets-us-government-fund-use-child-soldiers|publisher=Open Society Foundations|accessdate=November 22, 2017|date=March 28, 2016}}</ref> On September |
The CSPA bans the United States from providing military assistance or arms sales to governments that use children in combat, but the president may waive the application of the law for specific countries if it is deemed to be in the [[national interest]].<ref name="Hogg">{{cite web|last1=Hogg|first1=Charu Lata|title=The Loophole That Lets the U.S. Government Fund the Use of Child Soldiers|url=https://www.opensocietyfoundations.org/voices/loophole-lets-us-government-fund-use-child-soldiers|publisher=Open Society Foundations|accessdate=November 22, 2017|date=March 28, 2016}}</ref> On September 29, 2015, President [[Barack Obama]] waived the application of the CSPA for the [[Democratic Republic of the Congo]], [[Nigeria]], and [[Somalia]], but only waived in part for [[South Sudan]].<ref name="10 29 15">{{cite web|title=Presidential Determination and Memorandum -- Determination with Respect to the Child Soldiers Prevention Act of 2008 and Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008|url=https://obamawhitehouse.archives.gov/the-press-office/2015/09/29/presidential-determination-and-memorandum-determination-respect-child|publisher=White House|accessdate=November 22, 2017|date=September 29, 2015}}</ref> On September 28, 2016, Obama waived the application of the CSPA for [[Iraq]], [[Myanmar]], and Nigeria.<ref name="10 28 16">{{cite web|title=Presidential Determinations with Respect to the Child Soldiers Prevention Act of 2008, and Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008|url=https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-determinations-respect-child-soldiers-prevention-act-2008|publisher=White House|accessdate=November 22, 2017|date=September 28, 2016}}</ref> The CSPA was waived in part for the Democratic Republic of the Congo to allow for provision of [[International Military Education and Training]] and [[Peacekeeping|Peacekeeping Operations]] assistance to build the country's [[Armed Forces of the Democratic Republic of the Congo|military's]] capacity to counter the [[Lord's Resistance Army]] and other armed groups.<ref name="10 28 16"/> It was also waived in part for [[Rwanda]], Somalia, and South Sudan.<ref name="10 28 16"/> |
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On July 28, 2017, a memo written by about a dozen officials at the [[United States Department of State]] said that [[United States Secretary of State|Secretary of State]] [[Rex Tillerson]] breached the CSPA when he decided in June to exclude [[Afghanistan]], Iraq, and Myanmar from the list altogether.<ref name="Szep">{{cite web|last1=Szep|first1=Jason|last2=Spetalnick|first2=Matt|title=Exclusive - State Dept. revolt: Tillerson accused of violating U.S. law on child soldiers|url=https://www.reuters.com/article/us-usa-tillerson-childsoldiers/exclusive-state-dept-revolt-tillerson-accused-of-violating-u-s-law-on-child-soldiers-idUSKBN1DL0EA|publisher=Reuters|accessdate=November 20, 2017|location=Washington|date=November 20, 2017}}</ref> The memo, which was sent through the [[Dissent Channel]], was sent to [[Brian Hook]], the [[Director of Policy Planning]].<ref name="Koran">{{cite web|last1=Koran|first1=Laura|title=State Dept employees protest exclusion of violators from child soldiers list|url=http://www.cnn.com/2017/11/21/politics/state-department-tillerson-child-soldiers-protest/index.html|publisher=CNN|accessdate=November 21, 2017|date=November 21, 2017}}</ref> On September 1, 2017, Hook responded to the memo by acknowledging that the three countries did use child soldiers but said it was necessary to distinguish between governments "making little or no effort to correct their child soldier violations...and those which are making sincere—if as yet incomplete—efforts."<ref name="Szep"/> |
On July 28, 2017, a memo written by about a dozen officials at the [[United States Department of State]] said that [[United States Secretary of State|Secretary of State]] [[Rex Tillerson]] breached the CSPA when he decided in June to exclude [[Afghanistan]], Iraq, and Myanmar from the list altogether.<ref name="Szep">{{cite web|last1=Szep|first1=Jason|last2=Spetalnick|first2=Matt|title=Exclusive - State Dept. revolt: Tillerson accused of violating U.S. law on child soldiers|url=https://www.reuters.com/article/us-usa-tillerson-childsoldiers/exclusive-state-dept-revolt-tillerson-accused-of-violating-u-s-law-on-child-soldiers-idUSKBN1DL0EA|publisher=Reuters|accessdate=November 20, 2017|location=Washington|date=November 20, 2017}}</ref> The memo, which was sent through the [[Dissent Channel]], was sent to [[Brian Hook]], the [[Director of Policy Planning]].<ref name="Koran">{{cite web|last1=Koran|first1=Laura|title=State Dept employees protest exclusion of violators from child soldiers list|url=http://www.cnn.com/2017/11/21/politics/state-department-tillerson-child-soldiers-protest/index.html|publisher=CNN|accessdate=November 21, 2017|date=November 21, 2017}}</ref> On September 1, 2017, Hook responded to the memo by acknowledging that the three countries did use child soldiers but said it was necessary to distinguish between governments "making little or no effort to correct their child soldier violations...and those which are making sincere—if as yet incomplete—efforts."<ref name="Szep"/> |
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Revision as of 19:40, 22 November 2017
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| Acronyms (colloquial) | CSPA |
|---|---|
| Enacted by | the 110th United States Congress |
| Effective | December 23, 2008 |
| Citations | |
| Public law | 110–457 (Title IV) |
| Statutes at Large | 122 Stat. 5044 through 122 Stat. 5092 (48 pages) |
| Legislative history | |
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The Child Soldiers Prevention Act (CSPA) is a United States federal statute signed into law by President George W. Bush on December 23, 2008, as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. The law criminalizes leading a military force which recruits child soldiers. The law's definition of child soldiers includes "any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces."
Legislative history
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 was introduced in the House of Representatives on December 9, 2008, by Rep. Howard Berman (D–CA) and co-sponsored by six other Representatives: John Conyers (D–MI), Jeff Fortenberry (R–NE), Zoe Lofgren (D–CA), Ileana Ros-Lehtinen (R–FL), Bobby Scott (D–VA), and Chris Smith (R–NJ).[1] The bill was referred to the House Foreign Affairs, Energy and Commerce, and Judiciary Committees.[2] On December 10, Berman asked for unanimous consent to discharge the bill from committee.[2] The bill would then pass the House without objection.[2] On the same day, the Senate passed the bill without amendment by unanimous consent.[2] On December 23, President George W. Bush signed the bill into law.[2]
Waivers and removals
The CSPA bans the United States from providing military assistance or arms sales to governments that use children in combat, but the president may waive the application of the law for specific countries if it is deemed to be in the national interest.[3] On September 29, 2015, President Barack Obama waived the application of the CSPA for the Democratic Republic of the Congo, Nigeria, and Somalia, but only waived in part for South Sudan.[4] On September 28, 2016, Obama waived the application of the CSPA for Iraq, Myanmar, and Nigeria.[5] The CSPA was waived in part for the Democratic Republic of the Congo to allow for provision of International Military Education and Training and Peacekeeping Operations assistance to build the country's military's capacity to counter the Lord's Resistance Army and other armed groups.[5] It was also waived in part for Rwanda, Somalia, and South Sudan.[5]
On July 28, 2017, a memo written by about a dozen officials at the United States Department of State said that Secretary of State Rex Tillerson breached the CSPA when he decided in June to exclude Afghanistan, Iraq, and Myanmar from the list altogether.[6] The memo, which was sent through the Dissent Channel, was sent to Brian Hook, the Director of Policy Planning.[7] On September 1, 2017, Hook responded to the memo by acknowledging that the three countries did use child soldiers but said it was necessary to distinguish between governments "making little or no effort to correct their child soldier violations...and those which are making sincere—if as yet incomplete—efforts."[6]
List
| Country | 2010s | |||||||
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| 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | |
 Central African Republic
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 Chad
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 Democratic Republic of the Congo
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 Iraq
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 Libya
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 Mali
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 Myanmar
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 Rwanda
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 Somalia
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 South Sudan
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 Sudan
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 Syria
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 Yemen
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See also
References
- ^ "Cosponsors—H.R.7311 - William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008". United States Congress. Retrieved November 21, 2017.
- ^ a b c d e "All Actions—H.R.7311 - William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008". United States Congress. Retrieved November 21, 2017.
- ^ Hogg, Charu Lata (March 28, 2016). "The Loophole That Lets the U.S. Government Fund the Use of Child Soldiers". Open Society Foundations. Retrieved November 22, 2017.
- ^ "Presidential Determination and Memorandum -- Determination with Respect to the Child Soldiers Prevention Act of 2008 and Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008". White House. September 29, 2015. Retrieved November 22, 2017.
- ^ a b c "Presidential Determinations with Respect to the Child Soldiers Prevention Act of 2008, and Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008". White House. September 28, 2016. Retrieved November 22, 2017.
- ^ a b Szep, Jason; Spetalnick, Matt (November 20, 2017). "Exclusive - State Dept. revolt: Tillerson accused of violating U.S. law on child soldiers". Washington: Reuters. Retrieved November 20, 2017.
- ^ Koran, Laura (November 21, 2017). "State Dept employees protest exclusion of violators from child soldiers list". CNN. Retrieved November 21, 2017.