International Criminal Law Of Children

Author : Farhad Malekian
Publisher : Nova Sciencepublishers Incorporated
Page : 369 pages
File Size : 45,6 Mb
Release : 2020
Category : Law
ISBN : 1536187909

Get Book

International Criminal Law of Children by Farhad Malekian Pdf

"This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions"--

Author : Farhad Malekian
Publisher : Unknown
Page : 353 pages
File Size : 43,9 Mb
Release : 2020-11-16
Category : Electronic
ISBN : 1536187615

Get Book

International Criminal Law of Children by Farhad Malekian Pdf

This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions.

Author : Windell Nortje,Noëlle Quénivet
Publisher : Springer
Page : 160 pages
File Size : 54,9 Mb
Release : 2019-07-05
Category : Political Science
ISBN : 9783030206635

Get Book

Child Soldiers and the Defence of Duress under International Criminal Law by Windell Nortje,Noëlle Quénivet Pdf

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.

Author : Sonja C. Grover
Publisher : Springer Nature
Page : 210 pages
File Size : 55,6 Mb
Release : 2021-08-01
Category : Law
ISBN : 9783030750022

Get Book

The Persecution of Children as a Crime Against Humanity by Sonja C. Grover Pdf

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 : Karin Arts,Vesselin Popovski
Publisher : Hague Academic Press
Page : 0 pages
File Size : 55,8 Mb
Release : 2006
Category : Law
ISBN : 9067044253

Get Book

International Criminal Accountability and the Rights of Children by Karin Arts,Vesselin Popovski Pdf

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 : Cynthia Chamberlain
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2015
Category : Children
ISBN : 1780682956

Get Book

Children and the International Criminal Court by Cynthia Chamberlain Pdf

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 : Leonie Steinl
Publisher : Springer
Page : 421 pages
File Size : 45,8 Mb
Release : 2017-08-19
Category : Law
ISBN : 9789462652019

Get Book

Child Soldiers as Agents of War and Peace by Leonie Steinl Pdf

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 can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

Author : Helen Beckmann-Hamzei
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2015
Category : Child witnesses
ISBN : 1780683391

Get Book

The Child in ICC Proceedings by Helen Beckmann-Hamzei Pdf

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

Author : Mark A. Drumbl
Publisher : Oxford University Press
Page : 254 pages
File Size : 55,7 Mb
Release : 2012-01-26
Category : History
ISBN : 9780199592654

Get Book

Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl Pdf

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 : Julie McBride
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 55,8 Mb
Release : 2013-11-05
Category : Law
ISBN : 9789067049214

Get Book

The War Crime of Child Soldier Recruitment by Julie McBride Pdf

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

Author : Cynthia Chamberlain Bolãnos
Publisher : Unknown
Page : 291 pages
File Size : 41,9 Mb
Release : 2014
Category : Electronic
ISBN : 9462035199

Get Book

Children and the International Criminal Court by Cynthia Chamberlain Bolãnos Pdf

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
Page : 1131 pages
File Size : 53,6 Mb
Release : 2009-10-21
Category : Law
ISBN : 9783642005183

Get Book

Prosecuting International Crimes and Human Rights Abuses Committed Against Children by Sonja C. Grover Pdf

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 : Anonim
Publisher : Routledge
Page : 497 pages
File Size : 55,6 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781135970253

Get Book

International Child Law by Anonim Pdf

International Child Law examines and discusses the international legal framework and issues relating to children. Analysing both public and private international legal aspects, this cross-disciplinary text promotes an understanding of the ongoing development of child law, children’s rights and the protection of the child. Examining the theoretical background to the law, and providing a concise and clear overview of the instruments and institutions that protect children internationally, this text then focuses on key themes and issues in child law and children’s rights. This new edition has been updated and revised throughout, including expanded material on the UN Convention on the Rights of the Child, as well as discussion of recent landmark developments on the law relating to recruiting child soldiers as a result of Lubanga (2012). The third edition also includes a new case study feature that critically considers key themes and issues in international child law in a real world context. Drawing on a range of legal and other disciplines, International Child Law is a valuable resource for those in the course of study and research in this area.

Author : Caroline Fournet,Anja Matwijkiw
Publisher : BRILL
Page : 411 pages
File Size : 51,8 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004364424

Get Book

Biolaw and International Criminal Law by Caroline Fournet,Anja Matwijkiw Pdf

Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.

Author : Don Cipriani
Publisher : Routledge
Page : 252 pages
File Size : 48,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317167594

Get Book

Children’s Rights and the Minimum Age of Criminal Responsibility by Don Cipriani Pdf

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.