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Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.26 Exclusion of jurisdiction over persons under 18/Incompétence à l’égard des personnes de moins de 18 ans

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 26 of the Rome Statute of the International Criminal Court. Article 26 declares that the Court has no jurisdiction over a person under the age of eighteen at the time of the infraction. However, a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia confirmed that article 26 of the Rome Statute is ‘for jurisdictional purposes’. It also held that there is no rule in convention or customary international law against criminal liability for a war crime committed by an individual below the age of eighteen. Juveniles may be prosecuted for international crimes, just as they may be prosecuted for ordinary crimes, subject to national legislation governing the minimum age of responsibility and the applicable norms of international human rights law.

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