DOES DEFECTIVE MORAL DEVELOPMENT EVER EXCUSE? THE CASE OF ADULT SOLDIERS RECRUITED AS CHILDREN

This dissertation proposes to introduce a new excuse into international criminal law for persons who lack normal moral perception in accordance with international standards and who have impaired practical reasoning, if they developed these defect through no fault of their own. The main ground for the excuse is that by lacking normal moral perception in accordance with international standards, these persons are deprived of the fair opportunity to choose to obey the law. I identify adult soldiers who were recruited at a young age into extreme armed groups and for whom it is reasonable to expect would develop emotional disturbances in response to their experiences as child soldiers in those groups, and who, did in fact develop such disturbances, which distorts their adult moral judgment and impairs their practical reasoning.