The Library
Reshaping ICL’s approach to child perpetrators
Tools
Tools
Tools
Williams, Hugh David Haydn (2019) Reshaping ICL’s approach to child perpetrators. PhD thesis, University of Warwick.
|
PDF
WRAP_THESIS_Williams_2019.pdf - Submitted Version - Requires a PDF viewer. Download (2353Kb) | Preview |
Official URL: http://webcat.warwick.ac.uk/record=b3894844
Abstract
A particular problem that arises as a result of the use of children in hostilities by armed forces or groups is the perpetration of atrocities by them. The agency exercised by children in carrying out their actions may be limited, and they may operate under a continuous state of duress. They may also possess limited capacity in what they do, due to their age and development, which may or may not be sufficient to translate into criminal responsibility. The seriousness of the children’s violations, and the context in which they take place, may raise them to the level of international crimes. There has developed a consensus that the context and nature of such violations brings them within the purview of international criminal law. The international criminal court (ICC) does not, however, have jurisdiction over the crimes of minors; instead, international law relies on States to address such crimes of children, which they cannot be relied upon to do. There is thus a gap, where a sufficient international juvenile justice process should be. It is necessary therefore, in the interests of international justice, the victims of atrocities, and the child perpetrators, who are themselves victims, to recognise and understand the nature of this gap, and to address the issue of accountability appropriately and fully.
| Item Type: | Thesis (PhD) | ||||
|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HQ The family. Marriage. Woman H Social Sciences > HV Social pathology. Social and public welfare J Political Science > JX International law K Law [Moys] > KC International Law |
||||
| Library of Congress Subject Headings (LCSH): | Atrocities -- Participation, Juvenile, Children and war, Child soldiers, Juvenile delinquents, Criminal liability (International law) | ||||
| Official Date: | July 2019 | ||||
| Dates: |
|
||||
| Institution: | University of Warwick | ||||
| Theses Department: | School of Law | ||||
| Thesis Type: | PhD | ||||
| Publication Status: | Unpublished | ||||
| Format of File: | |||||
| Extent: | ix, 253, liii pages | ||||
| Language: | eng |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
