Himal Press 
KATHMANDU: A war crime case has been filed in the Supreme Court against Prime Minister and Chairman of CPN (Maoist Center), Pushpa Kamal Dahal, along with former Prime Minister Baburam Bhattarai. Child soldiers, who participated in the armed struggle of the then CPN (Maoist), registered the case, arguing that the use of child soldiers is against the international human rights law.
The writ petitioner has demanded the suspension of Dahal from the position of Prime Minister until both leaders are prosecuted for their involvement in the armed conflict.
Dahal served as the commander of the armed struggle, which began in 1996, while Bhattarai was the head of the parallel government formed by the CPN (Maoist). The petitioners have accused both leaders of using children in war, stating that children were given guns, used as spies, placed on the front lines, and made to transport war materials. They have argued in the petition that such actions are considered war crimes under international law.
The laws related to transitional justice are attracted to war crime cases. However, the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons do not specifically address the issue of child combatants. Additionally, the bill to make amendments to transitional justice laws does not have provisions to address the issue of child fighters. UNMIN, the UN mission assigned to conclude the peace process in Nepal, also documented the participation of children in the Maoists’ armed struggle.
Experts say that the involvement of children in war is indeed a war crime. Senior human rights activist Charan Prasai said a war crimes case has been filed against Dahal and Bhattarai since child fighters are not recognized by the transitional justice system. Maoist leaders, however, prefer not to escalate conflict-related cases through regular courts.
Other cases related to the armed conflict involving Dahal are pending in the Supreme Court.
The former child fighters are calling for coordination with the UN Security Council and the establishment of a commission similar to those in Rwanda and Yugoslavia. They have also sought a mandamus to initiate legal action and submit progress reports to the Supreme Court.
As Nepal is a party to the Convention on the Rights of the Child and other conventions related to war crimes, the case falls under the jurisdiction of the Supreme Court. Prasai says that since UNMIN has verified the use of child fighters, the court should deliver impartial justice.
If the TRC Bill had provisions regarding child combatants, it would have fallen under the scope of transitional justice. However, the current bill is silent on the issue of children involved in the war. The bill is pending in Parliament, and there is a dispute among political parties regarding its content and process.
Senior advocate Ram Krishna Kafle said the case will now proceed according to the existing legal process.
Supreme Court Justice Anand Mohan Bhattarai on Friday overruled the court administration’s decision not to register the case.
“The order to register the case shows that the apex court has taken the cases related to child fighters seriously,” Kafle said.
