The paper elaborates on the problem of children's participation with the International Criminal Court. Over 300,000 children participate in armed conflicts in over 30 countries of the world at any given moment. Murder, human trafficking, sexual exploitation, rape, kidnapping, mutilation and other forms of abuse are increasingly directed at children and young people. Consequently, children participate as perpetrators of crimes, often being at the same time victims. Their participation is often caused by coercion, drugging and kidnapping. Although the participation of children in conflicts, as well as before the courts, is not new, their position is not entirely clear. At the international level, the minimum age of criminal responsibility of children and young people before the International Criminal Court has not been determined. Although international law does not explicitly prohibit the prosecution of children, the absence of a minimum age limit does not determine a clear line that separates perpetrators from victims. This is precisely why children before the International Criminal Court sometimes have a dual status as victims and as perpetrators. It is important to recognize the circumstances and consequences that are characteristic to children in that case in order to ensure child protection mechanisms, respecting the rights of the criminal procedure and the rights of accused. The paper elaborates the prerequisites that must be met for the participation of children before the International Criminal Court, together with the relevant international sources that regulate that area and the Court's jurisprudence.