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Atrocity Crimes Children And International Criminal Courts


Atrocity Crimes Children And International Criminal Courts
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Atrocity Crimes Children And International Criminal Courts


Atrocity Crimes Children And International Criminal Courts
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Author : Cécile Aptel
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-28

Atrocity Crimes Children And International Criminal Courts written by Cécile Aptel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-28 with Law categories.


This book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.



The Persecution Of Children As A Crime Against Humanity


The Persecution Of Children As A Crime Against Humanity
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Author : Sonja C. Grover
language : en
Publisher: Springer Nature
Release Date : 2021-08-01

The Persecution Of Children As A Crime Against Humanity written by Sonja C. Grover and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.


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.



Child Soldiers And The Defence Of Duress Under International Criminal Law


Child Soldiers And The Defence Of Duress Under International Criminal Law
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Author : Windell Nortje
language : en
Publisher: Springer
Release Date : 2019-07-05

Child Soldiers And The Defence Of Duress Under International Criminal Law written by Windell Nortje and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Political Science categories.


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.



Victims Atrocity And International Criminal Justice


Victims Atrocity And International Criminal Justice
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Author : Rachel Killean
language : en
Publisher: Routledge
Release Date : 2018-07-03

Victims Atrocity And International Criminal Justice written by Rachel Killean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-03 with Law categories.


While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.



Humanity S Children


Humanity S Children
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Author : Sonja C. Grover
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-13

Humanity S Children written by Sonja C. Grover and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-13 with Law categories.


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.



Atrocity Punishment And International Law


Atrocity Punishment And International Law
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Author : Mark A. Drumbl
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-30

Atrocity Punishment And International Law written by Mark A. Drumbl and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Law categories.


This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.



Moral Accountability And International Criminal Law


Moral Accountability And International Criminal Law
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Author : Kirsten Fisher
language : en
Publisher: Routledge
Release Date : 2013-03-01

Moral Accountability And International Criminal Law written by Kirsten Fisher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.


This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.



Breaking The Cycle Of Mass Atrocities


Breaking The Cycle Of Mass Atrocities
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Author : Marina Aksenova
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-02

Breaking The Cycle Of Mass Atrocities written by Marina Aksenova and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Law categories.


Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.



The Child In Icc Proceedings


The Child In Icc Proceedings
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Author : Helen Beckmann-Hamzei
language : en
Publisher:
Release Date : 2015

The Child In Icc Proceedings written by Helen Beckmann-Hamzei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Child witnesses categories.


This study examines the procedural implications of child participation in the proceedings before the International Criminal Court



Role Of The International Criminal Court In Preventing Mass Atrocity


Role Of The International Criminal Court In Preventing Mass Atrocity
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Author : Marie-Claude Jean-Baptiste
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2019-05-01

Role Of The International Criminal Court In Preventing Mass Atrocity written by Marie-Claude Jean-Baptiste and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-01 with Law categories.