Practice Relating to Rule 136. Recruitment of Child Soldiers
Under Georgia’s Criminal Code (1999), any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as “conscripting or enlisting children under the age of fifteen years into the national armed forces” is a crime in both international and non-international armed conflicts.
In 2010, upon accession to the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Georgia made the following declaration:
[I]n accord[ance] with Article 3(2) of the [2000 Optional] Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict [the]
Government of Georgia declares that according to the legislation of Georgia the minimum age for the recruitment of a citizen of Georgia in the Armed Forces is clearly defined. According to … paragraph 2 of article 21 of [the] Georgian Law on “Military Obligations and Military Service”, the decision concerning the recruitment of … citizens into the obligatory military service shall be made only [once] they have reached 18 years of age.
… In case [an] essential violation of … human rights is caused by illegal recruitment, the action of the official or equivalent shall be qualified as an [excess]
of authority and be subject of criminal responsibility (Article 333 of Criminal Code of Georgia).