When children commit atrocities in war

Abstract

There is considerable disagreement among governments, civil society groups and scholars as to whether the prosecution of child soldiers who have committed war crimes is ever appropriate. In one camp are those who argue that child soldiers should always be considered as victims, and that prosecutions are necessarily at odds with rehabilitation and reintegration efforts. On the other side of the debate are those who maintain that the prosecution of the worst child offenders – those who have occupied command positions in armed forces, and carried out particularly egregious crimes – can help to end impunity for war criminals and bring a degree of solace to the victims of their brutal assaults. This article considers the different approaches to criminal responsibility for minors in domestic legal systems and under international law, and concludes that the prosecution of child soldiers should only be pursued in exceptional circumstances.