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Reimagining Child Soldiers in International Law and Policy
The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same ass...
Introduction to International Criminal Law
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Atrocity Crimes, Children and International Criminal Courts
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 v...
The Right to Be Present at Trial in International Criminal Law
In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Litigating Health Rights
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
Local Maladies, Global Remedies
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
Morality, Jus Post Bellum, and International Law
Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.
Transitional Justice for Child Soldiers
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.
Women and Transitional Justice
This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective. The book contains contributions from a range of experts in the field of TJ. The range of experiences and knowledge in this collection provide a fresh and unique perspective in the blend of theory and practice that these contributions collectively provide.
The Sovereignty of Children in Law
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 cul...
