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International Law And Child Soldiers
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Book Synopsis Reimagining Child Soldiers in International Law and Policy by : Mark A. Drumbl
Download or read book Reimagining Child Soldiers in International Law and Policy written by Mark A. Drumbl and published by Oxford University Press. This book was released on 2012-01-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Child soldiers in international law by : Matthew Happold
Download or read book Child soldiers in international law written by Matthew Happold and published by Manchester University Press. This book was released on 2022-12-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue. Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts. This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.
Book Synopsis International Law and Child Soldiers by : Gus Waschefort
Download or read book International Law and Child Soldiers written by Gus Waschefort and published by Bloomsbury Publishing. This book was released on 2014-12-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.
Book Synopsis Child Soldiers as Agents of War and Peace by : Leonie Steinl
Download or read book Child Soldiers as Agents of War and Peace written by Leonie Steinl and published by Springer. This book was released on 2017-08-19 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Research Handbook on Child Soldiers by : Mark A. Drumbl
Download or read book Research Handbook on Child Soldiers written by Mark A. Drumbl and published by Edward Elgar Publishing. This book was released on 2019 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.
Book Synopsis The Oxford Handbook of Children's Rights Law by : Jonathan Todres
Download or read book The Oxford Handbook of Children's Rights Law written by Jonathan Todres and published by Oxford University Press. This book was released on 2020-02-19 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Book Synopsis Child Soldier Victims of Genocidal Forcible Transfer by : Sonja C. Grover
Download or read book Child Soldier Victims of Genocidal Forcible Transfer written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2012-01-05 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.
Book Synopsis Transitional Justice for Child Soldiers by : K. Fisher
Download or read book Transitional Justice for Child Soldiers written by K. Fisher and published by Springer. This book was released on 2013-10-10 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law Concerning Child Civilians in Armed Conflict by : Jenny Kuper
Download or read book International Law Concerning Child Civilians in Armed Conflict written by Jenny Kuper and published by Oxford University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.
Download or read book Child Soldiers written by Ilene Cohn and published by Oxford University Press, USA. This book was released on 1994 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and communities, of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treatment for those children who have participated in acts of violence."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Book Synopsis Child Soldiers in the Age of Fractured States by : Scott Gates
Download or read book Child Soldiers in the Age of Fractured States written by Scott Gates and published by University of Pittsburgh Press. This book was released on 2010 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current global estimates of children engaged in warfare range from 200,000 to 300,000. Children's roles in conflict range from armed and active participants to spies, cooks, messengers, and sex slaves. Child Soldiers in the Age of Fractured States examines the factors that contribute to the use of children in war, the effects of war upon children, and the perpetual cycle of warfare that engulfs many of the world's poorest nations. The contributors seek to eliminate myths of historic or culture-based violence, and instead look to common traits of chronic poverty and vulnerable populations. Individual essays examine topics such as: the legal and ethical aspects of child soldiering; internal UN debates over enforcement of child protection policies; economic factors; increased access to small arms; displaced populations; resource endowments; forced government conscription; rebel-enforced quota systems; motivational techniques employed in recruiting children; and the role of girls in conflict. The contributors also offer viable policies to reduce the recruitment of child soldiers such as the protection of refugee camps by outside forces, “naming and shaming,” and criminal prosecution by international tribunals. Finally, they focus on ways to reintegrate former child soldiers into civil society in the aftermath of war.
Book Synopsis Child Soldiers and Restorative Justice by : Jean Chrysostome K. Kiyala
Download or read book Child Soldiers and Restorative Justice written by Jean Chrysostome K. Kiyala and published by Springer. This book was released on 2018-07-18 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.
Download or read book Compliant Rebels written by Hyeran Jo and published by Cambridge University Press. This book was released on 2015-08-21 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.
Download or read book International Child Law written by and published by Routledge. This book was released on 2014-06-20 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Children at War by : Peter W. Singer
Download or read book Children at War written by Peter W. Singer and published by Vintage. This book was released on 2015-03-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children at War is the first comprehensive book to examine the growing and global use of children as soldiers. P.W. Singer, an internationally recognized expert in twenty-first-century warfare, explores how a new strategy of war, utilized by armies and warlords alike, has targeted children, seeking to turn them into soldiers and terrorists. Singer writes about how the first American serviceman killed by hostile fire in Afghanistan—a Green Beret—was shot by a fourteen-year-old Afghan boy; how suspected militants detained by U.S. forces in Iraq included more than one hundred children under the age of seventeen; and how hundreds who were taken hostage in Thailand were held captive by the rebel "God's Army," led by twelve-year-old twins. Interweaving the voices of child soldiers throughout the book, Singer looks at the ways these children are recruited, abducted, trained, and finally sent off to fight in war-torn hot spots, from Colombia and the Sudan to Kashmir and Sierra Leone. He writes about children who have been indoctrinated to fight U.S. forces in Iraq and Afghanistan; of Iraqui boys between the ages of ten and fifteen who had been trained in military arms and tactics to become Saddam Hussein's Ashbal Saddam (Lion Cubs); of young refugees from Pakistani madrassahs who were recruited to help bring the Taliban to power in the Afghan civil war. The author, National Security Fellow at the Brookings Institution and director of the Brookings Project on U.S. Policy Towards the Islamic World, explores how this phenomenon has come about, and how social disruptions and failures of development in modern Third World nations have led to greater global conflict and an instability that has spawned a new pool of recruits. He writes about how technology has made today's weapons smaller and lighter and therefore easier for children to carry and handle; how one billion people in the world live in developing countries where civil war is part of everyday life; and how some children—without food, clothing, or family—have volunteered as soldiers as their only way to survive. Finally, Singer makes clear how the U.S. government and the international community must face this new reality of modern warfare, how those who benefit from the recruitment of children as soldiers must be held accountable, how Western militaries must be prepared to face children in battle, and how rehabilitation programs can undo this horrific phenomenon and turn child soldiers back into children.
Book Synopsis The War Crime of Child Soldier Recruitment by : Julie McBride
Download or read book The War Crime of Child Soldier Recruitment written by Julie McBride and published by Springer Science & Business Media. This book was released on 2013-11-05 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
