The Genocidal Forcible Transfer of Children: A Crime Well Established in International Law; Yet Still Not Prosecuted by the ICC

  • Sonja C. Grover


As the selected ICC case law here previously discussed illustrates, there is a continuing failure to acknowledge and prosecute the recruitment of children (persons under age 18) and/or their use for active participation in hostilities by armed groups or forces (State or non-State) that perpetrate mass atrocities and/or genocide as the ‘genocidal forcible transfer of children’. Rather, such recruitment and/or use when involving under 15s is classified exclusively in terms of war crimes for the first time under international criminal treaty law (the Rome Statute). The latter war crimes are regarded by some as a novel category of international crime though, as previously discussed here, this category of war crimes was already reflected in customary international law. For instance, Schabas states “…the Rome Statute does recognize some new crimes that were probably not covered by the earlier instruments, such as the recruitment of child soldiers …”


United Nations Sexual Violence Security Council Armed Conflict Rome Statute 
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Literature, Materials and Cases


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Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Faculty of EducationLakehead UniversityThunder BayCanada

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