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Author: Cynthia Chamberlain Publisher: ISBN: 9781780682952 Category : Children Languages : en Pages : 0
Book Description
This book offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children's rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children's rights standards, particularly with regards to the protection of child victims and witnesses, their participation as victims in ICC proceedings, and their role as beneficiaries in reparations. The book proposes recommendations that could be adopted in order to guarantee children's rights in ICC proceedings. The book will be useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children's rights. *** It is with research such as the one carried out by Dr. Chamberlain that the future jurisprudence of the International Criminal Court will progress and advance the application and interpretation of the Rome Statute with a human rights perspective. -- from the Foreword by Elizabeth Odio Benito, Former Judge International Tribunal for the Former Yugoslavia and the International Criminal Court Subject: International Law, Criminal Law, Human Rights Law, Children's Law]
Author: Cynthia Chamberlain Publisher: ISBN: 9781780682952 Category : Children Languages : en Pages : 0
Book Description
This book offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children's rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children's rights standards, particularly with regards to the protection of child victims and witnesses, their participation as victims in ICC proceedings, and their role as beneficiaries in reparations. The book proposes recommendations that could be adopted in order to guarantee children's rights in ICC proceedings. The book will be useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children's rights. *** It is with research such as the one carried out by Dr. Chamberlain that the future jurisprudence of the International Criminal Court will progress and advance the application and interpretation of the Rome Statute with a human rights perspective. -- from the Foreword by Elizabeth Odio Benito, Former Judge International Tribunal for the Former Yugoslavia and the International Criminal Court Subject: International Law, Criminal Law, Human Rights Law, Children's Law]
Author: Sonja C. Grover Publisher: Springer Nature ISBN: 3030750027 Category : Law Languages : en Pages : 210
Book Description
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.
Author: Windell Nortje Publisher: Springer ISBN: 3030206637 Category : Political Science Languages : en Pages : 160
Book Description
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.
Author: Tim Allen Publisher: Zed Books Ltd. ISBN: 1848137931 Category : Law Languages : en Pages : 164
Book Description
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author: Leonie Steinl Publisher: Springer ISBN: 9462652015 Category : Law Languages : en Pages : 421
Book Description
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.
Author: Robert Cryer Publisher: Cambridge University Press ISBN: 1139443690 Category : Law Languages : en Pages : 393
Book Description
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Author: Sonja C. Grover Publisher: Springer Science & Business Media ISBN: 3642005187 Category : Law Languages : en Pages : 1131
Book Description
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.
Author: Sonja C. Grover Publisher: Springer Science & Business Media ISBN: 3642325017 Category : Law Languages : en Pages : 330
Book Description
This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC‘s failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.
Author: Cynthia Chamberlain
Author: Cynthia Chamberlain
Author: Helen Beckmann-Hamzei
Author: Sonja C. Grover
Author: Cynthia Chamberlain Bolãnos
Author: Windell Nortje
Author: Tim Allen
Author: Leonie Steinl
Author: Robert Cryer
Author: Sonja C. Grover
Author: Sonja C. Grover