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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.
List of contents
1. Chapter 1: Introduction.- 2. Chapter 2: Duress as a Defence under International Criminal Law.- 3. Chapter 3: The Application of the Requirements of Duress to Child Soldiers.- 4. Chapter 4: Limits of, and Exclusions from, the Defence of Duress.- 5. Chapter 5: Duress as an Excuse Defence for International Crimes.- 6. Chapter 6: Conclusion.
About the author
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.
Summary
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.
