Rehabilitation or revenge : prosecuting child soldiers for human rights violations
Author zone:
Nienke Grossman
Host item entries:
Georgetown journal of international law, Vol. 38, no. 2, Winter, 2007, p. 323-360
Languages:
English
General Note:
Photocopies
Abstract:
This article analyzes the current legal framework under international humanitarian, human rights, and criminal law, and the international law of the child, considering both a state's duty to prosecute perpetrators of international crimes and its affirmative obligations to rehabilitate and reintegrate former child soldiers into society. It formulates a policy proposal for filling lacunae in the law, suggesting in particular that children under age eighteen should not be prosecuted for international crimes, and instead, should be treated primarily as victims of armed conflict. It also examines how the differing assumptions of the international relations paradigms of Liberalism and Institutionalism affect strategies for achieving this policy goal, and it provides other solutions for addressing the problem of child soldiers who commit atrocities.
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