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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: 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 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: 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: Karin Arts Publisher: Hague Academic Press ISBN: 9789067044257 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Emma Charlene Lubaale Publisher: Springer Nature ISBN: 3030880443 Category : Political Science Languages : en Pages : 652
Book Description
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.
Author: Sonja C. Grover Publisher: Springer Science & Business Media ISBN: 3642107990 Category : Law Languages : en Pages : 317
Book Description
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
Author: Claire De Than Publisher: ISBN: Category : Law Languages : en Pages : 608
Book Description
This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.
Author: Alette Smeulers Publisher: Martinus Nijhoff Publishers ISBN: 9004208046 Category : Law Languages : en Pages : 553
Book Description
An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.
Author: Sonja C. Grover
Author: Sonja C. Grover
Author: Sonja C. Grover
Author: Robert Cryer
Author: Karin Arts
Author: Emma Charlene Lubaale
Author: Sonja C. Grover
Author: Morten Bergsmo
Author: Morten Bergsmo
Author: Claire De Than
Author: Alette Smeulers