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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: 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: Notburga K. Calvo-Goller Publisher: BRILL ISBN: 9004149317 Category : Law Languages : en Pages : 593
Book Description
Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.
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: 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: Mark Kersten Publisher: Oxford University Press ISBN: 0191082945 Category : Law Languages : en Pages : 273
Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: Annelotte Jorien Walsh Publisher: Open Dissertation Press ISBN: 9781361036549 Category : Law Languages : en Pages : 292
Book Description
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
Author: Mark A. Drumbl Publisher: Oxford University Press ISBN: 0199592659 Category : History Languages : en Pages : 254
Book Description
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.
Author: Helen Beckmann-Hamzei
Author: Helen Beckmann-Hamzei
Author: Cynthia Chamberlain
Author: Sonja C. Grover
Author: Notburga K. Calvo-Goller
Author: Robert Cryer
Author: Tim Allen
Author: Mark Kersten
Author: Annelotte Jorien Walsh
Author: Mark Klamberg
Author: Mark A. Drumbl