Atrocity Crimes Children And International Criminal Courts

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Atrocity Crimes, Children and International Criminal Courts

Author : Cécile Aptel
Publisher : Taylor & Francis
ISBN 13 : 1000862879
Total Pages : 216 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Atrocity Crimes, Children and International Criminal Courts by : Cécile Aptel

Download or read book Atrocity Crimes, Children and International Criminal Courts written by Cécile Aptel and published by Taylor & Francis. This book was released on 2023-04-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030750027
Total Pages : 210 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Persecution of Children as a Crime Against Humanity by : Sonja C. Grover

Download or read book The Persecution of Children as a Crime Against Humanity written by Sonja C. Grover and published by Springer Nature. This book was released on 2021-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Atrocity, Punishment, and International Law

Author : Mark A. Drumbl
Publisher : Cambridge University Press
ISBN 13 : 1139464566
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Atrocity, Punishment, and International Law by : Mark A. Drumbl

Download or read book Atrocity, Punishment, and International Law written by Mark A. Drumbl and published by Cambridge University Press. This book was released on 2007-04-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Kirsten Fisher
Publisher : Routledge
ISBN 13 : 1136633324
Total Pages : 245 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher

Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Invisible Atrocities

Author : Randle C. DeFalco
Publisher : Cambridge University Press
ISBN 13 : 1108806732
Total Pages : 313 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Invisible Atrocities by : Randle C. DeFalco

Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. This book examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated. This book suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimacy of international criminal law itself.

Breaking the Cycle of Mass Atrocities

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919457
Total Pages : 268 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Breaking the Cycle of Mass Atrocities by : Marina Aksenova

Download or read book Breaking the Cycle of Mass Atrocities written by Marina Aksenova and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Child Soldiers and the Defence of Duress under International Criminal Law

Author : Windell Nortje
Publisher : Springer
ISBN 13 : 3030206637
Total Pages : 160 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Child Soldiers and the Defence of Duress under International Criminal Law by : Windell Nortje

Download or read book Child Soldiers and the Defence of Duress under International Criminal Law written by Windell Nortje and published by Springer. This book was released on 2019-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Rachel Killean
Publisher : Routledge
ISBN 13 : 1351733311
Total Pages : 246 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Victims, Atrocity and International Criminal Justice by : Rachel Killean

Download or read book Victims, Atrocity and International Criminal Justice written by Rachel Killean and published by Routledge. This book was released on 2018-07-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prosecuting International Crimes and Human Rights Abuses Committed Against Children

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642005187
Total Pages : 1132 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Prosecuting International Crimes and Human Rights Abuses Committed Against Children by : Sonja C. Grover

Download or read book Prosecuting International Crimes and Human Rights Abuses Committed Against Children written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2009-10-21 with total page 1132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Humanity’s Children

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642325017
Total Pages : 330 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Humanity’s Children by : Sonja C. Grover

Download or read book Humanity’s Children written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Torture of Children During Armed Conflicts

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642406890
Total Pages : 228 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis The Torture of Children During Armed Conflicts by : Sonja C. Grover

Download or read book The Torture of Children During Armed Conflicts written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2013-10-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Role of the International Criminal Court in Preventing Mass Atrocity

Author : Marie-Claude Jean-Baptiste
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480839
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Role of the International Criminal Court in Preventing Mass Atrocity by : Marie-Claude Jean-Baptiste

Download or read book Role of the International Criminal Court in Preventing Mass Atrocity written by Marie-Claude Jean-Baptiste and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-05-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mass Atrocity Crimes

Author : Robert I. Rotberg
Publisher : Brookings Institution Press
ISBN 13 : 0815704712
Total Pages : 265 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg

Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.

Standing Up for Justice

Author : Theodor Meron
Publisher :
ISBN 13 : 9780191895852
Total Pages : pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis Standing Up for Justice by : Theodor Meron

Download or read book Standing Up for Justice written by Theodor Meron and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.

Mass Atrocity Crimes

Author : Robert I. Rotberg
Publisher : Brookings Institution Press
ISBN 13 : 0815704860
Total Pages : 265 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Mass Atrocity Crimes by : Robert I. Rotberg

Download or read book Mass Atrocity Crimes written by Robert I. Rotberg and published by Brookings Institution Press. This book was released on 2010-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can be done to combat genocide, ethnic cleansing, and other crimes against humanity? Why aren't current measures more effective? Is there hope for the future? These and other pressing questions surrounding human security are addressed head-on in this provocative and all-too-timely book. Millions of people, particularly in Africa, face daily the prospect of death at the hands of state or state-linked forces. Although officially both the United Nations and the African Union have adopted "Responsibility to Protect" (R2P) principles, atrocities continue. The tenets of R2P, recently cited in a UN Outcomes Document, make it clear that states have a primary responsibility to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states cannot—or will not—protect their citizens, however, the international community must step into the breach. Why have efforts to stop horrific state-sanctioned crimes seen only limited success, despite widespread support of R2P? As this enlightening volume explains and illustrates, converting a norm into effective preventive measures remains difficult. The contributors examine the legal framework to inhibit war crimes, use of the emerging R2P norm, the role of the International Criminal Court, and new technologically sophisticated methods to gather early warnings of likely atrocity outbreaks. Together they show how mass atrocities may be anticipated, how they may be prevented, and when necessary, how they may be prosecuted. Contributors include Claire Applegarth (Harvard Kennedy School), Andrew Block (Harvard Kennedy School), Frank Chalk (Montreal Institute for Genocide and Human Rights Studies, Concordia University), David M. Crane (Syracuse University College of Law), Richard J. Goldstone (Constitutional Court of South Africa; UN International Criminal Tribunals for the former Yugoslavia and Rwanda), Don Hubert (University of Ottawa; Global Center for the Responsibility to Protect, City University of New York), Sarah Kreps (Cornell University), Dan Kuwali (Malawi Defence Force), Jennifer Leaning (Harvard Francois Xavier Bagnoud Center for Health and Human Rights), Edward C. Luck (Columbia University; International Peace Institute), Sarah Sewall (Harvard Kennedy School)

Translating Guilt

Author : Cassandra Steer
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462651708
Total Pages : 0 pages
Book Rating : 4.6/5 (517 download)

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Book Synopsis Translating Guilt by : Cassandra Steer

Download or read book Translating Guilt written by Cassandra Steer and published by T.M.C. Asser Press. This book was released on 2017-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

Justice for Crimes Against Humanity

Author : Mark Lattimer
Publisher : Hart Publishing
ISBN 13 : 1841134139
Total Pages : 515 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Justice for Crimes Against Humanity by : Mark Lattimer

Download or read book Justice for Crimes Against Humanity written by Mark Lattimer and published by Hart Publishing. This book was released on 2003-12 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses developments in international law and seeks to end impunity by bringing to justice those accused of crimes against humanity.