It is without a doubt that today one of the worst humanitarian crises our world is going through which is not addressed properly is the menace of child soldiers. The small children are recruited by the non-state actors or specifically the terrorist’s groups which results in the destruction of the early life of these children. The problem is not restricted just to the early childhood of these children, but a more pertinent question is whether these children should be held guilty for the crime they commit? There are no specific answers to the same. In this paper, I shall delve into the history of the recruitment of th3e child soldiers along with taking into consideration some of the viewpoints of the legal scholars and the judicial sentiments in this regard.