Articles

Does and Should International Law Prohibit the Prosecution of Children for War Crimes?

Abstract

This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.

 Full text available in PDF format
The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems