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Author: Francesca Capone
Publisher: Series on Transnational Justice
ISBN: 9781780684383
Category : Children and war
Languages : en
Pages : 275
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Book Description
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Author: Francesca Capone
Publisher: Series on Transnational Justice
ISBN: 9781780684383
Category : Children and war
Languages : en
Pages : 275
Get Book Here
Book Description
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Author: Cristián Correa
Publisher: Cambridge University Press
ISBN: 1108480950
Category : Law
Languages : en
Pages : 303
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Book Description
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Author: E. Christine Evans
Publisher: Cambridge University Press
ISBN: 1107019974
Category : Law
Languages : en
Pages : 299
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Book Description
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
Author: Kim Huynh
Publisher: Cambridge University Press
ISBN: 1316298760
Category : Political Science
Languages : en
Pages : 355
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Book Description
Over one billion people under the age of eighteen live in territories affected by armed conflict. Despite this, scholars and practitioners often lack a comprehensive knowledge of how children both struggle within and shape conflict zones. Children and Global Conflict provides this understanding with a view to enhancing the prospects of conflict resolution and peacebuilding. This book presents key ideas and issues relating to children's experiences of war, international relations and international law. The authors explore the political, conceptual and moral debates around children in these contexts and offer examples and solutions based on case studies of child soldiers from Vietnam, child forced migrants in Australia, young peace-builders in post-conflict zones, youth in the international justice system, and child advocates across South Asia and the Middle East.
Author: Leonie Steinl
Publisher: Springer
ISBN: 9462652015
Category : Law
Languages : en
Pages : 429
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Book Description
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: Carla Ferstman
Publisher: BRILL
ISBN: 9004174494
Category : Law
Languages : en
Pages : 585
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Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Author: Sabine Lee
Publisher: Routledge
ISBN: 0429576250
Category : History
Languages : en
Pages : 245
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Book Description
This volume presents research from an international, interdisciplinary, and intersectoral research project in which 15 doctoral researchers explored a range of issues related to the life-course experiences of children born of war in 20th-century conflicts. Children Born of War (CBOW), children fathered by foreign soldiers and born to local mothers during and after armed conflicts, have long been neglected in the research of the social consequences of war. Based on research projects completed under the auspices of the Horizon2020-funded international and interdisciplinary research and training network CHIBOW (www.chibow.org), this book examines the psychological and social impact of war on these children. It focusses on three separate but interrelated themes: firstly, it explores methodological and ethical issues related to research with war-affected populations in general and children born of war in particular. Secondly, it presents innovative historical research focussing specifically on geopolitical areas that have hitherto been unexplored; and thirdly, it addresses, from a psychological and psychiatric perspective, the challenges faced by children born of war in post-conflict communities, including stigmatisation, discrimination, within the significant context of identity formation when faced with contested memories of volatile post-war experiences. The book offers an insight into the social consequences of war for those children associated with the ‘enemy’ by virtue of their direct biological link.
Author: Luke Moffett
Publisher: Oxford University Press
ISBN: 0192865587
Category : Political Science
Languages : en
Pages : 337
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Book Description
War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.
Author: Susan C. Breau
Publisher: Edward Elgar Publishing
ISBN: 1784717401
Category : Law
Languages : en
Pages : 597
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Book Description
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
Author: Cante, Fredy
Publisher: IGI Global
ISBN: 1466696761
Category : Political Science
Languages : en
Pages : 586
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Book Description
In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.
