Overview
Offers rigorous and comprehensive insight into how the defence of duress would apply to child soldiers
Identifies a normative legal framework that helps understand how the defence of duress is interpreted and applied in international criminal law
Develops the theme of perpetrators who are also victims and offers a nuanced approach towards perpetrators of mass atrocities
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Table of contents (6 chapters)
Keywords
- international criminal law
- child soldiers
- duress
- defending children
- conflict studies
- armed conflict
- terrorism
- international politics
- national criminal law
- international crimes
- ICC statute
- acquittals
- childhood
- crimes against humanity
- Individual criminal responsibility
- juvenile criminal responsibility
- minors
- Recruitment of child soldiers
- conflict
- Presumption of innocence
About this book
This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
Reviews
“Duress is a controversial defence, both at the national and the international level. Finally, we have a thorough and compelling study on the matter, the work of two distinguished international criminal law scholars. It arrives not a moment too soon, as the International Criminal Court confronts the issue in the Ongwen case.” (William A. Schabas, Professor of International Law, Middlesex University, UK)
“This book offers a clever and detailed doctrinal examination of the intersection of duress and youth, which, along the way, also sheds light on vexing questions of agency and intent amid processes of brainwashing and searing social constraint.” (Mark A. Drumbl, Professor of Law, Washington and Lee University, USA)
Authors and Affiliations
About the authors
Windell Nortje is Associate Lecturer in the Law Faculty at the University of the Western Cape, South Africa.
Noëlle Quénivet is Associate Professor in International Law at the Bristol Law School, University of the West of England, UK.
Bibliographic Information
Book Title: Child Soldiers and the Defence of Duress under International Criminal Law
Authors: Windell Nortje, Noëlle Quénivet
DOI: https://doi.org/10.1007/978-3-030-20663-5
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-20662-8Published: 17 July 2019
Softcover ISBN: 978-3-030-20665-9Published: 14 August 2020
eBook ISBN: 978-3-030-20663-5Published: 05 July 2019
Edition Number: 1
Number of Pages: XVI, 160
Topics: Conflict Studies, International Criminal Law , Military and Defence Studies, International Humanitarian Law, Law of Armed Conflict, Terrorism and Political Violence