Juvenile liability in armed conflicts: Determining the age of criminal responsibility for crimes relevant to International Humanitarian Law

Abstract

International Law in general seems to saunter on the vague lines of the minimum age of criminal responsibility in armed conflicts. For example, in terms of International Human Rights Law (IHRL), as provided in the Geneva Conventions of 1949, various human rights are assigned legal protection to be effected by States. Additionally, International Humanitarian Law (IHL) provides for the prosecution of specified crimes relating to armed conflicts. However, an express legal determination on the age of criminal responsibility for international crimes in armed conflicts, such as war crimes, crimes against humanity and genocide, does not find codification in either legal regime. Additionally, the United Nations (UN) Convention on the Rights of the Child (CRC) does not specify a minimum age of criminal responsibility.