Hostname: page-component-74656f9884-8r8nv Total loading time: 0 Render date: 2026-11-07T05:19:12.327Z Has data issue: false hasContentIssue false

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

Published online by Cambridge University Press:  16 September 2021

José Duke S. Bagulaya*
Affiliation:
The University of Hong Kong, Faculty of Law, Pokfulam Road, Hong Kong and The University of the Philippines Diliman, College of Arts and Letters, Quezon City, Philippines Email: jsbagulaya@gmail.com
Rights & Permissions [Opens in a new window]

Abstract

This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

Information

Type
ORIGINAL ARTICLE
Copyright
© The Author(s), 2021. Published by Cambridge University Press