Matthew Happold
Search for other papers by Matthew Happold in
Current site
Google Scholar
PubMed
Close
The responsibility of child soldiers for war crimes
Abstract only
Log-in for full text

This chapter considers the consequences of children's mental and moral immaturity for their criminal responsibility for their actions, and the availability of a defence of duress in respect of child soldiers' responsibility for atrocities, given that their participation in hostilities is frequently coerced. It shows that international law provides only vague guidelines with regard to the minimum age of criminal responsibility and only permits duress as a defence to international crimes in very limited circumstances. The chapter looks at the scope of the defence of intoxication, although it will be seen quickly that this defence raises fewer issues, as it applies to children in much the same manner as it does to adults. In his report on the establishment of a Special Court, the UN Secretary-General acknowledged the difficulty of prosecuting child soldiers for war crimes and crimes against humanity, given their dual status as both victims and perpetrators.

  • Collapse
  • Expand

All of MUP's digital content including Open Access books and journals is now available on manchesterhive.

 

Metrics

All Time Past Year Past 30 Days
Abstract Views 464 242 88
Full Text Views 33 29 0
PDF Downloads 23 16 0