6 - Children and International Criminal Justice

Summary

INTRODUCTION

Insofar as age determines social expectations in our global humanity, we anticipate different behaviors and levels of responsibility from children, adults, and the elderly. Domestic criminal justice systems take account of these age differences in order to provide protection, care, rights, and treatment for children, be they offenders or victims. This chapter examines children as perpetrators, victims, and witnesses within the framework of international criminal justice. It highlights special protections for children as a highly vulnerable population and issues of criminal responsibility under international human rights and humanitarian law. Impunity negatively impacts current and future generations of children by hindering their growth and the development of their identity, values, and beliefs. Similarly, cruel treatment of juvenile offenders is not conducive to their social development. It is, therefore, crucial to study children and international criminal justice as they impact future peace, reconciliation, and stability.

CHILDHOOD AND CRIMINAL JUSTICE

Despite historical support for children’s interests in international law and the international consensus on the importance of children’s rights, not all nations agree on the definition of childhood. The 1989 Convention on the Rights of the Child defines children as “those under 18 years of age, unless under the law applicable to the child, majority is attained earlier.” In some parts of the globe, however, children take on sibling care, work, marriage, and childbearing roles earlier in life than in other parts where such aspects of social life are postponed until near adulthood.