The Accountability for International Crimes Perpetrated by Children

Abstract

The issue of accountability for international crimes committed by children is one of the most complex legal and moral conundrums in international criminal justice. While children are excluded from the jurisdiction of international criminal courts, they can be sometimes the authors of heinous crimes, including international crimes. In the first section, the author examines whether prosecution at national level may be a solution in these cases. He then discusses if a minimum age of criminal responsibility should be agreed at international level and, if so, what this age should be. The issue of whether child soldiers possess the necessary mens rea for the commission of international crimes is also discussed. In the final section, the author suggests that more emphasis should be put on the accountability of those who use children to commit these crimes, notably through the legal concept of indirect participation, included in the icc Statute.