Prosecuting International Crimes And Human Rights Abuses Committed Against Children

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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.

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.

Prosecuting International Crimes

Author : Robert Cryer
Publisher : Cambridge University Press
ISBN 13 : 1139443690
Total Pages : 393 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Prosecuting International Crimes by : Robert Cryer

Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

International Criminal Accountability and the Rights of Children

Author : Karin Arts
Publisher : Hague Academic Press
ISBN 13 : 9789067044257
Total Pages : 0 pages
Book Rating : 4.0/5 (442 download)

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Book Synopsis International Criminal Accountability and the Rights of Children by : Karin Arts

Download or read book International Criminal Accountability and the Rights of Children written by Karin Arts and published by Hague Academic Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Law and Human Rights

Author : Claire De Than
Publisher :
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Criminal Law and Human Rights by : Claire De Than

Download or read book International Criminal Law and Human Rights written by Claire De Than and published by . This book was released on 2003 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

Thematic Prosecution of International Sex Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480243
Total Pages : 577 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Thematic Prosecution of International Sex Crimes by : Morten Bergsmo

Download or read book Thematic Prosecution of International Sex Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-06-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criteria for Prioritizing and Selecting Core International Crimes Cases

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081074
Total Pages : 302 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Criteria for Prioritizing and Selecting Core International Crimes Cases by : Morten Bergsmo

Download or read book Criteria for Prioritizing and Selecting Core International Crimes Cases written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642107990
Total Pages : 298 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis The European Court of Human Rights as a Pathway to Impunity for International Crimes by : Sonja C. Grover

Download or read book The European Court of Human Rights as a Pathway to Impunity for International Crimes written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2010-04-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

The Prosecution of International Crimes

Author : Madeleine Sann
Publisher : Routledge
ISBN 13 : 1351303104
Total Pages : 502 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis The Prosecution of International Crimes by : Madeleine Sann

Download or read book The Prosecution of International Crimes written by Madeleine Sann and published by Routledge. This book was released on 2018-04-27 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a permanent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, political, and especially an international law point of view.The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world, it is now available in paperback.

Old Evidence and Core International Crimes

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081600
Total Pages : 313 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Old Evidence and Core International Crimes by : Morten Bergsmo

Download or read book Old Evidence and Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

National Accountability for International Crimes in Africa

Author : Emma Charlene Lubaale
Publisher : Springer Nature
ISBN 13 : 3030880443
Total Pages : 652 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis National Accountability for International Crimes in Africa by : Emma Charlene Lubaale

Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

International Crimes and Other Gross Human Rights Violations

Author : Alette Smeulers
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004208046
Total Pages : 553 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Crimes and Other Gross Human Rights Violations by : Alette Smeulers

Download or read book International Crimes and Other Gross Human Rights Violations written by Alette Smeulers and published by Martinus Nijhoff Publishers. This book was released on 2011-07-27 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.

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.

Accountability for Human Rights Atrocities in International Law

Author : Steven R. Ratner
Publisher : Oxford University Press
ISBN 13 : 0199546665
Total Pages : 534 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Accountability for Human Rights Atrocities in International Law by : Steven R. Ratner

Download or read book Accountability for Human Rights Atrocities in International Law written by Steven R. Ratner and published by Oxford University Press. This book was released on 2009 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.

Beyond Virtue and Vice

Author : Alice M. Miller
Publisher : University of Pennsylvania Press
ISBN 13 : 0812295757
Total Pages : 360 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Beyond Virtue and Vice by : Alice M. Miller

Download or read book Beyond Virtue and Vice written by Alice M. Miller and published by University of Pennsylvania Press. This book was released on 2019-02-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

On the Proposed Crimes Against Humanity Convention

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081961
Total Pages : 503 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis On the Proposed Crimes Against Humanity Convention by : Morten Bergsmo

Download or read book On the Proposed Crimes Against Humanity Convention written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-12-12 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology is about the need for and nature of a convention on crimes against humanity. It uses the Proposed Convention on the Prevention and Punishment of Crimes Against Humanity as an important reference point. 16 authors discuss how such a convention may consolidate the definition of crimes against humanity, and develop measures for their prevention and punishment, decades after the conclusion of the Genocide Convention and Geneva Conventions. The authors include Leila N. Sadat, Eleni Chaitidou, Darryl Robinson, Mar a Luisa Piqu , Travis Weber, Julie Pasch, Rhea Brathwaite, Christen Price, Rita Maxwell, Mary Kate Whalen, Ian Kennedy, SHANG Weiwei, ZHANG Yueyao and Tessa Bolton. It contains a preface by late Judge Hans-Peter Kaul and a foreword by Hans Corell. The book is inspired by the rationale of crimes against humanity to protect against the most serious violations of fundamental individual rights, and its realization especially through domestic mechanisms. Such consciousness calls upon appropriate definition and use of contexual elements of the crime, effective jurisdiction for prevention and prosecution, and robust inter-State co-operation. The book considers individual State experiences in combating crimes against humanity. It underlines the importance of avoiding that the process to develop a new convention waters down the law of crimes against humanity or causes further polarisation between States in the area of international criminal law. It suggests that the scope of the obligation to prevent crimes against humanity will become a decisive question.

Victims of International Crimes: An Interdisciplinary Discourse

Author : Thorsten Bonacker
Publisher : Springer Science & Business Media
ISBN 13 : 9067049123
Total Pages : 399 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker

Download or read book Victims of International Crimes: An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.