Child Soldiers and the Defence of Duress under International Criminal Law

1. Front Matter

   Pages i-xvi

   PDF

2. Introduction

   • Windell Nortje, Noëlle Quénivet

   Pages 1-19

3. Duress as a Defence Under International Criminal Law

   • Windell Nortje, Noëlle Quénivet

   Pages 21-47

4. The Application of the Requirements of Duress to Child Soldiers

   • Windell Nortje, Noëlle Quénivet

   Pages 49-86

5. Limits of, and Exclusions from, the Defence of Duress

   • Windell Nortje, Noëlle Quénivet

   Pages 87-108

6. Duress as an Excuse Defence for International Crimes

   • Windell Nortje, Noëlle Quénivet

   Pages 109-144

7. Conclusion

   • Windell Nortje, Noëlle Quénivet

   Pages 145-153

8. Back Matter

   Pages 155-160

   PDF

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.

• 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

“Although legal scholarship is replete with references to child soldiers being victims as well as perpetrators, this is the first study to carefully examine how that dichotomy would affect an actual prosecution of a child soldier for an international crime. The authors demonstrate with great skill that the most relevant defence available in such a prosecution — duress — is simply incapable of adequately capturing the complex nature of a child soldier’s culpability. Lawyers and judges, and scholars alike should heed their warning.” (Kevin Jon Heller, Associate Professor of Public International Law, University of Amsterdam, The Netherlands, and Professor of Law, Australian National University, Australia)

“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)

 

 

• Faculty of Law, University of the Western Cape, Cape Town, South Africa

  Windell Nortje

• Bristol Law School, University of the West of England, Bristol, UK

  Noëlle Quénivet

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. 

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