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Prosecuting International Crimes and Human Rights Abuses Committed Against Children
  • Language: en
  • Pages: 1132

Prosecuting International Crimes and Human Rights Abuses Committed Against Children

  • Categories: Law
  • Type: Book
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  • Published: 2009-11-24
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  • Publisher: Springer

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 f...

A Question of Commitment
  • Language: en
  • Pages: 458

A Question of Commitment

In 1991, the Government of Canada ratified the United Nations Convention on the Rights of the Child, requiring governments at all levels to ensure that Canadian laws and practices safeguard the rights of children. A Question of Commitment: Children’s Rights in Canada is the first book to assess the extent to which Canada has fulfilled this commitment. The editors, R. Brian Howe and Katherine Covell, contend that Canada has wavered in its commitment to the rights of children and is ambivalent in the political culture about the principle of children’s rights. A Question of Commitment expands the scope of the editors’ earlier book, The Challenge of Children’s Rights for Canada, by including the voices of specialists in particular fields of children’s rights and by incorporating recent developments.

The Responsibility to Protect
  • Language: en
  • Pages: 316

The Responsibility to Protect

  • Type: Book
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  • Published: 2018-03-08
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  • Publisher: Routledge

This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P ...

The Persecution of Children as a Crime Against Humanity
  • Language: en
  • Pages: 210

The Persecution of Children as a Crime Against Humanity

  • Categories: Law

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.

Peremptory International Legal Norms and the Democratic Rule of Law
  • Language: en
  • Pages: 262

Peremptory International Legal Norms and the Democratic Rule of Law

  • Categories: Law
  • Type: Book
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  • Published: 2020-05-21
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  • Publisher: Routledge

Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State. The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the ques...

The European Court of Human Rights as a Pathway to Impunity for International Crimes
  • Language: en
  • Pages: 298

The European Court of Human Rights as a Pathway to Impunity for International Crimes

  • Categories: Law

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 interpretat...

Child Soldiers as Agents of War and Peace
  • Language: en
  • Pages: 421

Child Soldiers as Agents of War and Peace

  • Categories: Law
  • Type: Book
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  • Published: 2017-08-19
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  • Publisher: Springer

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 c...

Reimagining Child Soldiers in International Law and Policy
  • Language: en
  • Pages: 254

Reimagining Child Soldiers in International Law and Policy

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.

Justice and Memory After Dictatorship
  • Language: en
  • Pages: 289

Justice and Memory After Dictatorship

  • Categories: Law

Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.

Transitional Justice for Child Soldiers
  • Language: en
  • Pages: 228

Transitional Justice for Child Soldiers

  • Type: Book
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  • Published: 2013-10-10
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  • Publisher: Springer

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.