Prosecuting International Crimes against Children: The legal framework

Christine Bakker

Innocenti Working Papers

Abstract: States in post-conflict situations are faced with extremely difficult choices as they try to find the right balance between judicial and non-judicial means to improve accountability for crimes committed during the conflict and to contribute to national reconciliation. These choices are made on the basis of the specific circumstances of each state. Nevertheless, due consideration should be given to the duties imposed on states by international law. This paper presents a short overview of the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children. It also reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves - for example, as child soldiers - and identifies some outstanding questions regarding their criminal responsibility for such acts.

Keywords: child soldiers; juvenile courts; right to be heard; right to care and protection; transitional justice (search for similar items in EconPapers)
JEL-codes: K19 (search for similar items in EconPapers)
Pages: 44
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:ucf:inwopa:inwopa610

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