Children as Victims, Witnesses, and Perpetrators in International Criminal Law with Special Reference to India
Children as Victims, Witnesses, and Perpetrators in International Criminal Law with Special Reference to India

Summary/Abstract: The involvement of children in international crimes as victims, witnesses and, in some cases, offenders raises complex legal and ethical issues for both international and national justice systems. This study examines the development of international criminal law in relation to children, with particular emphasis on India’s legislative and judicial approach. Drawing on key instruments, including the Rome Statute of the International Criminal Court, the United Nations Convention on the Rights of the Child (UNCRC) and related protocols, the article examines the responsibilities of states to protect child victims of serious crimes, including genocide, war crimes and crimes against humanity. It examines the special procedural protections required for child witnesses to avoid retraumatisation and promote credible testimony, including in camera hearings and psychological assistance. Moreover, the study addresses the controversial issue of children accused of committing serious crimes, considering the broad international consensus that children under eighteen, particularly where they have been recruited, coerced or exploited, should be treated primarily as victims.

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