The purpose of this research is to identify and analyze rules that attribute international criminal responsibility to the individual for crimes committed against children. The analysis is carried out also considering the jurisprudence of the international criminal tribunals, namely the International Military Tribunal (so-called Nuremberg Tribunal), the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court. The research identifies serious gaps and open problems as regards international crimes committed against children, such as: the lack of a uniform definition of ‘child’; the failure to take account of “child victims” as a separate category; the need to establish a presumption of absence of consensus in case of crimes committed against children; the lack of a specific aggravating circumstance applying to crimes committed against a child.
(2011). La responsabilità internazionale dell'individuo per crimini commessi contro i bambini. (Tesi di dottorato, Università degli Studi di Milano-Bicocca, 2011).
La responsabilità internazionale dell'individuo per crimini commessi contro i bambini
BORSATO, ALESSANDRA DEBORAH
2011
Abstract
The purpose of this research is to identify and analyze rules that attribute international criminal responsibility to the individual for crimes committed against children. The analysis is carried out also considering the jurisprudence of the international criminal tribunals, namely the International Military Tribunal (so-called Nuremberg Tribunal), the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court. The research identifies serious gaps and open problems as regards international crimes committed against children, such as: the lack of a uniform definition of ‘child’; the failure to take account of “child victims” as a separate category; the need to establish a presumption of absence of consensus in case of crimes committed against children; the lack of a specific aggravating circumstance applying to crimes committed against a child.File | Dimensione | Formato | |
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Phd_unimib_570927.pdf
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