Tesi etd-05072021-150201
Link copiato negli appunti
Tipo di tesi
Master di Primo Livello
Autore
ZANONI, ELISABETTA
URN
etd-05072021-150201
Titolo
Children committing terrorist-related crimes and right to asylum.
Between exclusions and exceptions
Struttura
Istituto di Diritto, Politica e Sviluppo
Corso di studi
Corsi Alta Formazione - MASTER IN HUMAN RIGHTS AND CONFLICT MANAGEMENT
Commissione
relatore POLTRONIERI ROSSETTI, LUCA
Membro SOMMARIO, EMANUELE GIUSEPPE
Membro SOMMARIO, EMANUELE GIUSEPPE
Parole chiave
- Nessuna parola chiave trovata
Data inizio appello
14/05/2021;
Disponibilità
completa
Riassunto analitico
The approach to children involved in terrorist related crimes is an important global issue in the context of the right to asylum, which see the intersection of three different aspects: from one side the security concern and the obligation of the state to prevent the abuse of the refugee system by the perpetrators, organizers or facilitators of terrorist acts; from the other side the request to bring to justice those who committed severe crimes; finally, the need to guarantee protection to those considered to be among the most vulnerable part of society.
The legal framework on the prohibition of recruitment and use of children in armed conflicts, not providing a distinction between armed groups and terrorist groups, applies also in case of children involved in terrorist organizations, such as those guarantees provided by international instruments. However, the phenomenon of children committing war crimes, crimes against humanity and crimes against peace in the context of terrorist activities, has seen a different states’ approach. Pursuant to international obligations related to countering-terrorism, but not consistently with human rights standards, many states have been codifying their response to terrorism threat with a stricter approach, based on detention and punishment, rather than rehabilitation and reintegration. Facing the possibility of persecution carried out not only by terrorist organizations, but also by state actors, children can see asylum as a way to escape from persecutions.
Given the fact that former terrorist child soldiers can meet the inclusion criteria provided by the 1951 Geneva Convention related to the Status of Refugee, this paper aims to analyse exceptions to the exclusion clause under Article 1F(a) on the basis of the existence of unsettled norms of international law, in particular through the analysis of the minimum age of criminal liability, and the defence of duress.
The legal framework on the prohibition of recruitment and use of children in armed conflicts, not providing a distinction between armed groups and terrorist groups, applies also in case of children involved in terrorist organizations, such as those guarantees provided by international instruments. However, the phenomenon of children committing war crimes, crimes against humanity and crimes against peace in the context of terrorist activities, has seen a different states’ approach. Pursuant to international obligations related to countering-terrorism, but not consistently with human rights standards, many states have been codifying their response to terrorism threat with a stricter approach, based on detention and punishment, rather than rehabilitation and reintegration. Facing the possibility of persecution carried out not only by terrorist organizations, but also by state actors, children can see asylum as a way to escape from persecutions.
Given the fact that former terrorist child soldiers can meet the inclusion criteria provided by the 1951 Geneva Convention related to the Status of Refugee, this paper aims to analyse exceptions to the exclusion clause under Article 1F(a) on the basis of the existence of unsettled norms of international law, in particular through the analysis of the minimum age of criminal liability, and the defence of duress.
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