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Does and should international law prohibit the prosecution of children for war crimes?

Quenivet, Noelle

Does and should international law prohibit the prosecution of children for war crimes? Thumbnail


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Abstract

© The Author, 2017. Published by Oxford University Press on behalf of EJIL Ltd. This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.

Citation

Quenivet, N. (2017). Does and should international law prohibit the prosecution of children for war crimes?. European Journal of International Law, 28(2), 433-455. https://doi.org/10.1093/ejil/chx023

Journal Article Type Article
Acceptance Date Dec 23, 2016
Online Publication Date Jul 10, 2017
Publication Date Jul 10, 2017
Deposit Date Jan 3, 2017
Publicly Available Date Jul 11, 2018
Journal European Journal of International Law
Print ISSN 0938-5428
Electronic ISSN 1464-3596
Publisher Oxford University Press (OUP)
Peer Reviewed Peer Reviewed
Volume 28
Issue 2
Pages 433-455
DOI https://doi.org/10.1093/ejil/chx023
Keywords does, should, international, law, prohibit, prosecution, children, war, crimes
Public URL https://uwe-repository.worktribe.com/output/888497
Publisher URL https://doi.org/10.1093/ejil/chx023
Additional Information Additional Information : This is a pre-copyedited, author-produced PDF of an article accepted for publication in European Journal of International Law following peer review. The version of record Quenivet, N. (2017) Does and should international law prohibit the prosecution of children for war crimes? European Journal of International Law, 28 (2). pp. 433-455. ISSN 0938-5428 Available from: http://eprints.uwe.ac.uk/30643 is available online at: https://doi.org/10.1093/ejil/chx023

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