JUVENILE JUSTICE
Chaira Bologna＊

I. INTRODUCTION
This paper has the scope of providing a background to the issue of juvenile justice, particularly from thepoint of view of the research and work carried out in the field by the United Nations Interregional Crime andJustice Research Institute (UNICRI).
In order to promote justice and development, one of the aims of UNICRI is to foster just and efficientcriminal justice systems in consonance with international instruments and other significant standards such as
the Global Counter-Terrorism Strategy. For this purpose to be attained, one of the areas in which theInstitute plays a leading role is juvenile justice.
With dedicated juvenile justice systems absent in many developing countries, young people caught
breaking the law often end up in places of detention that are inappropriate for their age and development,
and, as such, will not increase the likelihood of their reintegration into society. In such custodial or detention
facilities, young people are forced to reside with adult criminals, putting them at risk on a number of different
fronts. Violence, including sexual violence, bullying, extortion and torture have been found to be the mosttypical forms of mistreatment and abuse inflicted on young people by adult inmates, and sometimes also staff
of such institutions, who take advantage of age and power differentials. Alcohol or drug intoxication, lack ofappropriate food, and untreated illness are other common features of detention centres.
Although in some countries, young people are held in specific juvenile facilities, the detention conditions
are often extremely poor and dangerous. Correctional centres and educational establishments can be arenas
for fights, violence and abuse between rivals. In any case, international standards provide that detention
should be a measure of last resort and used only for the most serious crimes. Moreover, ample research has
shown that the intensity and duration of intervention and services should mimic the risk level of the juvenile,with higher risk youth receiving more intense services for longer periods of time.1 Empirical research also
demonstrates that intensive services provided to low-risk youth are often iatrogenic, having the unintended
negative consequence of increased recidivism.2
Cognizant of the above, part of the work of UNICRI is to carry out action-oriented research to advance theunderstanding of juvenile justice-related problems, with the finality of aiding future policy. Using thisresearch as a foundation, it offers training and technical cooperation programmes to Member States withregards to preventing violent extremism (PVE), as its mandate indicates.
Furthermore, UNICRI is working on several projects to protect the rights of young people in conflict withthe law. In Angola and Mozambique, for example, UNICRI supported local governments in establishingjuvenile courts and juvenile justice departments, while at the same time making sure that they were
Associate Programme Officer, United Nations Interregional Crime and Justice Research Institute (UNICRI). The content of
this paper does not necessarily reflect the views or policies of UNICRI or contributory organizations, nor does it imply any
endorsement. @UNICRI, August 2017. This publication may be reproduced in whole or in part and in any form for educationalor non-profit purposes without special permission from the copyright holder, provided acknowledgement of the source is made.
UNICRI would appreciate receiving a copy of any publication that uses this paper as a source.
1
Mazzarese, D. & Bologna, C. (forthcoming). ʻAlternative Measures and Diversion in Youth Juvenile Justiceʼ, in Klima, N.
(forthcoming). ʻPathways towards an integrated and integral life-cycle approach on P/CVE in capacity buildingʼ. UNICRI, Turin.
2
For further information, see: Andrews & Bonta, 2003; Andrews & Kiessling, 1980; Andrews et al., 1990; Baglivio et al., 2014;
Gatti, Tremblay, & Vitaro, 2009.
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administered in the best interests of young people. In Mozambique, the programme also conducted analysis
and information-sharing through a juvenile justice forum and a database on minors in conflict with the law.3

II. CONCEPTUALISATION AND INSTRUMENTATION
Throughout this section, this paper will focus on the conceptualisation and instrumentation of juvenile
justice and the policies, strategies, laws, procedures and practices that the area of countering terrorism
entails. For this purpose to be attained, UNICRIʼs Guidance for Legislative Reform on Juvenile Justiceprovides, since its publication in 20164, a thorough analysis that sheds light on the particular vulnerability ofchildren and juveniles in the context of counter-terrorism, for which it examines children as perpetrators,
direct victims and indirect victims of terrorist-related activity. Moreover, the utility of the Guidance further
relies on its aim to increase the capacity of governments to integrate international juvenile justice and childprotection standards into their national counter-terrorism standards, which is the reason why it explores
radicalisation, de-radicalisation and counter‒radicalisation.
A. Conceptualisation
As stated throughout the Guidance, juvenile justice (or childrenʼs justice, as it is sometimes referred to) isa general term used to describe the policies, strategies, laws, procedures and practices applied to children
over the minimum age of criminal responsibility who have come into conflict with the law.5 The termʻjuvenile justiceʼ needs to be distinguished from the broader concept of ʻjustice for childrenʼ, which covers
children in conflict with the law (i.e. alleged as, accused of, or recognised as having infringed the penal law),children who are victims or witnesses of crime, and children who may be in contact with the justice systemfor other reasons such as custody, protection or inheritance.6
Albeit there is no generally accepted definition of the term ʻjuvenileʼ, it is often used to signify a child who
is over the minimum age of criminal responsibility and is alleged to, accused of, or convicted of a criminal
offence.7 Moreover, it is a general term used to describe the policies, strategies, laws, procedures andpractices applied to children over the age of criminal responsibility.
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the ʻHavana Rulesʼ)
simply define a juvenile as ʻevery person under the age of 18.ʼ The United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (Beijing Rules)8 provide the following definition: ʻA juvenile is achild or young person who under the respective legal system may be dealt with for an offence in a manner
which is different from an adultʼ. The Committee on the Rights of the Child (CRC) avoids the use of the term
juvenile, referring instead to “children in conflict with the law”.9
B. Instrumentation
The 1985 Beijing Rules and The Riyadh Guidelines10 established basic actions to prevent children andyoung people from engaging in criminal activities, as well as to protect the human rights of youth alreadyfound to have broken the law. In 1989, the focus on safeguarding the human rights of children and young
people was strengthened by the Convention on the Rights of the Child (CRC), which entered into force in1990. In 1995, the United Nations adopted the World Programme of Action for Youth (WPAY), providing a
policy framework and practical guidelines for national action and international support to improve the
Mazzarese, D. & Bologna, C. (forthcoming). ʻAlternative Measures and Diversion in Youth Juvenile Justiceʼ, in Klima, N.
(forthcoming). ʻPathways towards an integrated and integral life-cycle approach on P/CVE in capacity buildingʼ. UNICRI, Turin.
4
Hamilton, C. (2011) Guidance for Legislative Reform on Juvenile Justice. UNICEF. Available at:<http://www.unicef.org/policyanalysis/files/Juvenile_justice_16052011_final.pdfp.3>.
5
See Hamilton, C. (2011) Guidance for Legislative Reform on Juvenile Justice. UNICEF. Available at:<http://www.unicef.org/policyanalysis/files/Juvenile_justice_16052011_final.pdfp.3>.
6
See Penal Reform International (2013) Protecting childrenʼs rights in criminal justice systems: A training manual and reference
point for professionals and policymakers. Available at: <http://www.penalreform.org/wp-content/uploads/2013/11/Childrensrightstraining-manual-Final%C2%ADHR.pdf>.
7
Ibid. 2011.
8
For further information, see United Nations (1985) Standard Minimum Rules for the Administration of Juvenile Justice.
9
Mazzarese, D. & Bologna, C. (forthcoming). ʻAlternative Measures and Diversion in Youth Juvenile Justiceʼ, in Klima, N.
(forthcoming). ʻPathways towards an integrated and integral life-cycle approach on P/CVE in capacity buildingʼ. UNICRI, Turin.
10
For further information, see United Nations (1990) Guidelines for the Prevention of Juvenile Delinquency.
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situation of young people.
Through the WPAY, the United Nations puts forth policy actions specifically tailored to young people
between 15 and 24 years of age. The World Programme of Action for Youth aims at fostering conditions andmechanisms to promote improved well-being and livelihoods among young people. As such, it requires that
Governments take effective action against violations of all human rights and fundamental freedoms andpromote non-discrimination, tolerance and respect for diversity as well as religious and ethical values. The
WPAY focuses on 15 priority areas, among which is juvenile delinquency. Under that priority area, it details
proposals for action towards preventing juvenile delinquency and rehabilitating young people who haveengaged in criminal activity.11

Figure 1: Antecedents of Juvenile Justice Framework at the United Nations level
C. Current Framework
The most important international instruments for the administration of juvenile justice are the CRC andthe International Covenant on Civil and Political Rights (ICCPR). Article 40(3) of the CRC requires States topromote the establishment of laws, procedures, authorities and institutions specifically applicable to children
alleged as, accused of, or recognised as having infringed the penal law. In other words, a State is required toestablish a juvenile justice system. Children over the Stateʼs minimum age of criminal responsibility andunder the age of 18 who are charged with a criminal offence should be dealt with in the juvenile justicesystem, regardless of the nature of the charge. This applies just as much to terrorist offences as it applies toany other criminal offence.

For current information on international standards, norms and instrument of reference for juvenile justice, see: United
Nations Interagency Panel on Juvenile Justice: <http://www.ipjj.org/resources/internationalstandards>.
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Regional instruments also address juvenile justice, including:) the European Convention for the Protection of Human Rights and Fundamental Freedoms(European Convention);) the African Charter on Human and Peoplesʼ Rights (Banjul Charter);) the African Charter on the Rights and Welfare of the Child;) the Arab Charter on Human Rights (Arab Charter); the American Convention on Human Rights(American Convention);) the American Declaration on the Rights and Duties of Man as well as the jurisprudence developedby the European Court of Human Rights (ECHR);) the Inter-American Court of Human Rights;) the Inter-American Commission on Human Rights, and;) the African Commission on Human and Peoplesʼ Rights.

III. CHALLENGES
Overall, youth are disproportionately represented in statistics on crime and violence, both as victims andas perpetrators, and in many developed countries violent crimes are being committed at younger ages than in
the past. Moreover, there is growing concern that, in some countries, the proportion of violent crimes
committed by youth has been increasing:12) Statistical data in many countries show that delinquency is largely a group phenomenon. Between
two-thirds and three-quarters of all offences committed by young people are committed bymembers of gangs or groups, which can vary from highly structured criminal organizations to lessstructured street gangs. Even those young people who commit offences alone are likely to be
associated with groups.
) Though poverty and unemployment are not, by themselves causes of violence, they become
important factors when coupled with other triggers such as lack of opportunity, inequality,
exclusion, the availability of drugs and firearms, and a breakdown in access to various forms ofcapital, justice and education.
) While adolescence can be an age of “breaking rules” evidence shows that most first time offenders
do not reoffend, and that diversion and other community-based measures are the best responses tooffences committed by young people.
) Incarceration, including pre-trial detention, is still used frequently including for young people having
committed very minor crimes (such as using drugs, or stealing basic commodities).
) Crime committed by young people is mainly an urban phenomenon. Evidence shows that theprobability of being a victim of crime and violence is substantially higher in urban areas than in rural
areas.

IV. GOOD PRACTICESAt the Sixth Ministerial Plenary Meeting in New York on 27 September 2015, Global Counterterrorism
Forum (GCTF) Ministers endorsed the launch of the GCTFʼs Initiative to Address the Life Cycle ofRadicalization to Violence (Life Cycle Initiative). As part of this new initiative, Switzerland launched an
initiative on juvenile justice in a counterterrorism context to address the emerging questions regardingchildren involved in terrorism, and the different phases of a criminal justice response, which include
prevention, investigation, prosecution, sentencing, and reintegration.13
The aim of this initiative on juvenile justice in a counterterrorism context is to bring together
practitioners and policymakers from a range of GCTF Members and other States representing a variety of
disciplines to share experiences, explore good practices, and identify challenges in tailoring responses tothreats of terrorism while protecting public safety and upholding the rights of the child. As a result of the
Meeting, the memoranda of good practices ̶ the Neuchâtel Memorandum on Good Practices for Juvenile

For further information, see United Nations Office on Drugs and Crime & Latin America and the Caribbean Region of theWorld Bank (2007).
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Justice in a Counterterrorism Context14 ̶ intended to assist through shaping national, bilateral, regional, andmultilateral capacity-building assistance in this area with a view to including consideration of the particularneeds of children into counterterrorism policies and measures.
Hence, within the field of the Status of Children and their Protection under International Law and Juvenile
Justice Standards, the practices relate to the importance of addressing children alleged to be involved in
terrorism-related activities in accordance with international law and in line with international juvenile justice
standards. Moreover, they urged States to assess and address the situation of children in a terrorism-related
context from a child rights and child development perspective.15
In relation to prevention, which plays a significant role in the United Nations Counter-Terrorism Strategy,
the good practices focus on addressing childrenʼs vulnerability to recruitment and/or radicalization toviolence through preventive measures and also focus on the need to develop targeted prevention strategies
with a strong focus on the creation of networks to support children at risk.
However, the aspect of prevention also needs to consider and design diversion mechanisms for children
charged with terrorism-related offences, even more significantly in light of recent indicators that attest thatchildren are increasingly affected and victimised by terrorism, but at the same time, the last few years haveshown them to be increasingly engaged in terrorist-related activity. For example, the Dutch counter
terrorism coordinator estimates that at least 80 children with a Dutch connection live within Daesh-held
territory in Syria and Iraq. Of these 80 known children, 30 % are between four and eight years old and aroundhalf of them are aged three or younger. According to French officials, there are around 460 French minors in
Daesh claimed territory, with half of them under the age of five and a third born there. Belgian officials
reported around 78 Belgian minors in Daesh-claimed territory.16
As for the field of Justice for Children, the importance of addressing children prosecuted for terrorismrelated offences was highlighted, especially through the juvenile justice system. In this sense, it was further
outlined the necessity to apply the appropriate international juvenile justice standards to terrorism cases
involving children even in cases that are tried in adult courts.17
Of utmost importance is also to consider and apply alternatives to arrest, detention, and imprisonment
including the pre-trial stage, as well as to apply the principle of individualisation and proportionality insentencing. Should children be deprived of their liberty, this should be carried in appropriate facilities, and all
support for their protection and preparation for reintegration should be provided.18
In relation to the last point on reintegration, the good practices also refer to the development of
The Government of Switzerland proposed an initiative on juvenile justice in a counterterrorism context at the GCTFʼs
Criminal Justice and Rule of Law Working Group Plenary Meeting in Malta on 13-14 April 2015. A first expert-level meeting
was organized by the International Institute for Justice and the Rule of Law (IIJ) in Valletta, Malta, on 10-12 November 2015
under the auspices of the GCTF, with the participation of experts from governments, the judiciary, academia, internationalorganizations, and civil society. A second expert-level meeting was organized by the IIJ at the United Nations Interregional
Crime and Research Institute (UNICRI) in Turin, Italy, on 16-17 February 2016. The findings developed during these expert
meetings led to the good practices and recommendations laid out in this Memorandum. However, the experts acknowledgedthat further empirical research and data is necessary to increase the understanding of the factors that drive children into
violent extremism and to tailor responses accordingly. States are therefore encouraged to collect and collate information on
children engaged in terrorism-related activities.
14
Global Counterterrorism Forum (2015), Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism
Context. Available at: <https: //www. thegctf. org/Portals/1/Documents/Toolkit-documents/English-Neuch%C3%A2telMemorandum-on-Juvenile-Justice.pdf>.
15
Ibid. 201516
See Meines, Marije, Merel Molenkamp, Omar Ramadan, Magnus Ranstorp, RAN Manual, Responses to returnees: Foreign
terrorist fighters and their families, RAN Centre of Excellence, 2017.
17
Global Counterterrorism Forum (2015), Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism
Context. Available at: <https: //www. thegctf. org/Portals/1/Documents/Toolkit-documents/English-Neuch%C3%A2telMemorandum-on-Juvenile-Justice.pdf>.
18
Global Counterterrorism Forum (2015), Neuchâtel Memorandum on Good Practices for Juvenile Justice in a Counterterrorism
Context. Available at: <https: //www. thegctf. org/Portals/1/Documents/Toolkit-documents/English-Neuch%C3%A2telMemorandum-on-Juvenile-Justice.pdf>.
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Rehabilitation and Reintegration programmes for children involved in terrorism-related activities to aid theirsuccessful return to society.
Finally, the fifth set of practices based on the memoranda relate to capacity development, monitoring andevaluation, which could be implemented in line with the numerous relevant international standards, capacity
development and specialised training of law enforcement officials, prosecutors, judges, corrections officers
defence counsels and other actors dealing with children involved in terrorism-related activities ̶ taking into
consideration the applicable legal system. These are needed to help ensure the appropriate application ofjuvenile justice standards regardless of the charges. Technical assistance should thus be targeted to both
policymakers and practitioners. It is likewise important to ensure that those involved in juvenile justicebenefit from specialized training to handle terrorism-related cases.19
Additionally, with the purpose of ensuring the effective implementation of international juvenile justice
standards, it was highlighted to design and implement monitoring and evaluation programmes.

V. RECOMMENDATIONS AND CONCLUSIONS
There is a common acknowledgment within the UN system that strategies to tackle juvenile delinquency
are often too narrowly focused on tough penalties and law enforcement. Many countries still have “punitive”
prevention programmes that try to suppress juvenile and youth offences and gang activity by means of police
surveillance and prosecution.
The UN, however, also puts forward a series of recommendations for Member States to more effectively
address youth crime-related issues. An initial stage suggests targeting communities severely affected byviolence and other criminal activity with a holistic approach to the rule of law and justice that takes into
consideration the causes of delinquency and its prevention through measures that address both individual
needs and socio-environmental conditions.20
These measures should provide meaningful alternatives for socialisation and achievement for young
people. This can be achieved by:) Providing rural areas with socio-economic opportunities and services to promote rural development
as well as discourage young people from migrating to urban areas.
) Providing recreational, sport and leisure activities.
) Improving school quality, incorporating into school programmes seminars and lessons to raiseawareness about issues related to violence, and expanding access to/retention in schools for highrisk individuals and communities, with meaningful after-school group activities.
) Providing tailored apprenticeship programmes that enable youth to enter the labour market
through an alternative, effective channel.
) Preventing violence by involving families and entire communities, raising awareness of theimportance of domestic support in the prevention of juvenile crime, and setting up information
campaigns and training and educational programmes for family members or guardians.21
Overall, these recommendations and good practices on juvenile justice need to be seen as a vital part ofthe puzzle for the success of the pillars of the Counter-Terrorism Strategy launched by the United Nations
and followed by UNICRI.
Being that juvenile justice is a meaningful element within counter-terrorism efforts and, more concretely,of the Counter-Terrorism Strategy, UNICRI plays a very important role while drawing the attention to this
topic, making an emphasis on those countries where there is a systematic absence of juvenile justiceplatforms.
Ibid (2015).
See United Nations Fact Sheet on Juvenile Justice (2015) <http: //www. un. org/esa/socdev/unyin/documents/wyr11/
FactSheetonYouthandJuvenileJustice.pdf>.
21
See United Nations Fact Sheet on Juvenile Justice (2015) <http: //www. un. org/esa/socdev/unyin/documents/wyr11/
FactSheetonYouthandJuvenileJustice.pdf>.
19
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Therefore, the Instituteʼs mandate to carry out action-oriented research to advance the understanding ofjuvenile justice-related problems further represents an opportunity to implement and innovate in ways totackle the effects of young people caught breaking the law and committing terrorism-related crimes often
ending up in places of detention that are inappropriate for their age and development, thus conditioning the
likelihood of their reintegration into society.

BIBLIOGRAPHY) Brett, R. (2002) Juvenile justice, counter-terrorism and children. Quaker United Nations Office.
Available from: http: //www. quno. org/resource/2002/11/juvenile-justice-counter-terrorism-andchildren) Boutin, B. (2016) “Administrative Measures against Foreign Fighters: In Search of Limits andSafeguards”, The International Centre for Counter-Terrorism (ICCT) ‒ The Hague 7, no. 12.
) Entenmann, E., Van der Heide, L., Weggemans, D. & J. Dorsey, (2015) “Rehabilitation for Foreign
Fighters? Relevance, Challenges and Opportunities for the Criminal Justice Sector”, The
International Centre for Counter-Terrorism - The Hague 6, no. 5.
) Global Counterterrorism Forum (2015), Neuchâtel Memorandum on Good Practices for Juvenile
Justice in a Counterterrorism Context. Available from: https: //www. thegctf. org/Portals/1/
Documents/Toolkit-documents/English-Neuch%C3%A2tel-Memorandum-on-Juvenile-Justice.pdf) Hamilton, C. (2011) Guidance for Legislative Reform on Juvenile Justice. UNICEF. Available from:http://www.unicef.org/policyanalysis/files/Juvenile_justice_16052011_final.pdfp.3.
) Mazzarese, D. & Bologna, C. (forthcoming). Alternative Measures and Diversion in Youth Juvenile
Justice, in Klima, N. (forthcoming). ʻPathways towards an integrated and integral life-cycle approachon P/CVE in capacity buildingʼ. UNICRI, Turin.
) Meines, Marije, Merel Molenkamp, Omar Ramadan, Magnus Ranstorp, (2017), RAN Manual,
Responses to returnees: Foreign terrorist fighters and their families.
) Penal Reform International (2013) Protecting childrenʼs rights in criminal justice systems: A training
manual and reference point for professionals and policymakers. Available from: http: //www.
penalreform.org/wp-content/uploads/2013/11/Childrensrights-training-manual-Final%C2%ADHR.
pdf) United Nations (2005) Fact Sheet on Juvenile Justice. Available from: http: //www. un. org/esa/
socdev/unyin/documents/wyr11/FactSheetonYouthandJuvenileJustice.pdf) United Nations (1990) Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh
Guidelines”) A/RES/45/112. Available from: http://www2.ohchr.org/english/law/juvenile.htm.
) United Nations Office on Drugs and Crime & Latin America and the Caribbean Region of the WorldBank (2007). Crime, Violence, and Development: Trends, Costs, and Policy Options in the Caribbean.
Report No. 37820 (March). Available from: http://www.unodc.org/pdf/research/Cr_and_Vio_Car_E.
pdf.
United Nations Resolutions)

United Nations (1985) United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (“The Beijing Rules”), Resolution A/RES/40/33. Available from: http: //www2. ohchr.
org/english/law/pdf/beijingrules.pdf) United Nations (1990) Rules for the Protection of Juveniles Deprived of their Liberty, Resolution
45/113. Available from: http://www.ohchr.org/Documents/ProfessionalInterest/res45_113.pdf
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