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Book International Criminal Accountability and the Rights of Children

Download or read book International Criminal Accountability and the Rights of Children written by Karin Arts and published by Hague Academic Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly and routinely targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Particularly in situations of armed conflict children prove to be vulnerable and at risk. The situations in Darfur, the Democratic Republic of Congo, the Philippines, Nepal, Colombia, and many others tragically illustrate this. This book is among the very first academic publications that are solely devoted to the topic of international criminal accountability and the rights of children. A rich combination of practitioners (including ICC, ICTY and SCSL prosecutors) and academics present a wealth of relevant material in this field. They explore to what extent international law instruments and international criminal accountability mechanisms are potentially useful for countering violations of children’s rights in and after armed conflict. Likewise, they analyze to what extent the tendency of profiling children’s rights much more strongly than before – mainly under the umbrella of the 1989 UN Convention on the Rights of the Child and in the form of child rights-based approaches – converges with the features of international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone. Next to academics interested in the fields of international criminal law and human rights law, practitioners, policy makers and representatives of the military will benefit from reading this book. Dr. Karin Arts is Associate Professor in International Law and Development at the Institute of Social Studies, The Hague, The Netherlands. Dr. Vesselin Popovski is Director of Studies for the International Order and Justice, Peace and Governance Programme, United Nations University, Tokyo, Japan.

Book International Criminal Accountability and Children s Rights

Download or read book International Criminal Accountability and Children s Rights written by Vesselin Popovski and published by . This book was released on 2006 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book International Criminal Law of Children

Download or read book International Criminal Law of Children written by Farhad Malekian and published by Nova Sciencepublishers Incorporated. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions"--

Book Child Soldiers as Agents of War and Peace

Download or read book Child Soldiers as Agents of War and Peace written by Leonie Steinl and published by Springer. This book was released on 2017-08-19 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

Book National Accountability for International Crimes in Africa

Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Book Children   s Rights and the Minimum Age of Criminal Responsibility

Download or read book Children s Rights and the Minimum Age of Criminal Responsibility written by Don Cipriani and published by Routledge. This book was released on 2016-05-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Book CHILDRENS RIGHTS AUDIT OF THE

    Book Details:
  • Author : Annelotte Jorien Walsh
  • Publisher : Open Dissertation Press
  • Release : 2017-01-26
  • ISBN : 9781361036549
  • Pages : 292 pages

Download or read book CHILDRENS RIGHTS AUDIT OF THE written by Annelotte Jorien Walsh and published by Open Dissertation Press. This book was released on 2017-01-26 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "A Children's Rights Audit of the International Criminal Court" by Annelotte Jorien, Walsh, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Involvement with criminal proceedings can be a daunting and stressful experience for children and may even have adverse effects on children's psychological and physical wellbeing if proceedings are not conducted in a child friendly manner in accordance with their basic human rights. While children have traditionally played a marginal role at earlier international criminal tribunals, children are increasingly involved in proceedings at the International Criminal Court (ICC) as victims, witnesses and potential recipients of reparations. This gives rise to the question to what extent the laws, policies and practice of the ICC in relation to child victims and witnesses meet child friendly justice standards as set out in various international children's rights treaties and documents. In answering this question this thesis conducted an audit of the ICC using a unique child friendly justice measurement matrix. Using this matrix the audit closely examined different institutional levels of the Court in relation to five aspects of child friendly justice: accountability for crimes committed against children; protection of child victims and witnesses; children's participation in ICC proceedings; children's role as potential beneficiaries of reparations; and the adoption of institutional measures of implementation. The audit revealed that ICC 'compliance' with children's rights varies among different institutional dimensions as well as among different categories of rights. Specifically, the audit found that the ICC has a strong in principle committed towards ensuring the protection of children's rights. This is also reflected in the legal framework of the Court with the inclusion of a variety of 'child friendly' provisions relating to all aspects of their interaction with the court. Nevertheless, the audit found that this commitment is not fully translated into practice and that practice in relation to children to date has been a mixed experience. For example, the audit found that whilst the realisation of accountability for crimes committed against children has been relatively good in relation to the crime of the recruitment and use of child soldiers but very limited in relation to other crimes. Moreover, while the realisation of protection rights of children has been fairly good, gaps remain in the realisation of the participatory rights of children. The audit identified the absence of certain necessary institutional measures of implementation in particular the adoption of a court-wide children's strategy and training and awareness-raising of children's rights among all staff as obstacles preventing further realisation of children's rights at the Court. The findings of the audit make clear that the Court still has a long way to go in being fully 'child friendly'. The thesis argues that serious efforts need to be made to 'mainstream' children's rights into the policies and practice of the Court. The thesis argues that increased knowledge and understanding of children's rights and their specific needs and interests in the context of international criminal justice through training and awareness-raising is the first step towards further compliance with children's rights as this will have trickledown effect to other areas and aspects of the organisations. Subjects: Children's rights

Book Transitional Justice for Child Soldiers

Download or read book Transitional Justice for Child Soldiers written by K. Fisher and published by Springer. This book was released on 2013-10-10 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

Book Child Soldiers and the Defence of Duress under International Criminal Law

Download or read book Child Soldiers and the Defence of Duress under International Criminal Law written by Windell Nortje and published by Springer. This book was released on 2019-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.

Book The Child in ICC Proceedings

Download or read book The Child in ICC Proceedings written by Helen Beckmann-Hamzei and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the procedural implications of child participation in the proceedings before the International Criminal Court

Book Children and Transitional Justice

Download or read book Children and Transitional Justice written by Sharanjeet Parmar and published by Harvard University Press. This book was released on 2010 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This musical release from the Birmingham Symphony Orchestra under the conduction of Andris Nelsons captures a live performance by the ensemble, recorded for the Coventry Cathedral's 50th anniversary on May 30th, 2012. ~ Cammila Collar, Rovi

Book The Sovereignty of Children in Law

Download or read book The Sovereignty of Children in Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2012-01-17 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the United Nations, as well as many international and regional bodies, imposes various duties on states that consequently have obligations towards the rights of their individuals. This is particularly significant in the case of children who are not only considered one of the most valuable subjects of international regulations, but are also an integral part of the legislation of domestic laws. Despite the fact that laws concerning the rights of children are well settled in the international sphere, and are recognized under the jus cogens norms, national laws about children, or national laws having an effect on children, are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime. But when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent. For example, in the nineties, when a child of 11 was raped in Sweden, the judgment concluded that there was an implicit consent. Similarly, when a child of seven was raped by an Iranian priest in a Mosque, it was judged as the victim receiving spiritual enlightenment. By analogy with the rules which exist to provide legal, social and economic aid to the victims of national or international crimes, it may be possible to suggest that there is an established legal duty for all states to provide access to resources which can, under reasonable criteria, protect children from the improper conducts of individuals, organisations, and the administration of justice. It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, criminal law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions, norms, and principles within various areas of the law that relate to the rights of children. The extent of these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgement of rights is also a matter of intention, and may be implied or expressed by the practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights, are the central issues of this book.

Book Prosecuting International Crimes and Human Rights Abuses Committed Against Children

Download or read book Prosecuting International Crimes and Human Rights Abuses Committed Against Children written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2009-10-21 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children’s human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts’ addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.

Book The Persecution of Children as a Crime Against Humanity

Download or read book The Persecution of Children as a Crime Against Humanity written by Sonja C. Grover and published by Springer Nature. This book was released on 2021-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.

Book Reimagining Child Soldiers in International Law and Policy

Download or read book Reimagining Child Soldiers in International Law and Policy written by Mark A. Drumbl and published by Oxford University Press. This book was released on 2012-01-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

Book Children and Accountability for International Crimes

Download or read book Children and Accountability for International Crimes written by Cecile Aptel and published by . This book was released on 2011 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: