The Child Soldiers Prevention Act of 2008 (CSPA) should be fairly straightforward: The law bans the United States from providing military assistance or arms sales to governments that use children in combat. Simply put, if a country's government uses child soldiers, it cannot receive military support from the United States.Except several countries that use child soldiers do. This is because of a loophole in the child soldiers ban called a national interest waiver," which allows the president to bypass the law if it is deemed in the U.S. national interest to do so. For the past five years, the State Department has compiled an annual list of governments known to recruit and use children as soldiers called the Trafficking in Persons (TIP) list. Yet countries on this list have been denied only a smattering of military support"in many cases, military arms and assistance were provided to countries identified by the United States as using child soldiers. For instance, last year full waivers were granted to the Democratic Republic of Congo, Nigeria and Somalia. All of these countries are guilty of putting children in combat. The U.S. government's failure to apply the CSPA uniformly and consistently detracts from its commitment to protect the rights of children globally. Ultimately, no amount of "national interest" should stand in the way of pressuring abusive governments to end grave violations against children, including war crimes. By not listing all forces that egregiously violate children's rights, the United States is sending a message that abuse can be justified under certain circumstances. Surely, this can't be right.
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