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Author: Helen Beckmann-Hamzei
Publisher:
ISBN: 9781780683393
Category : Child witnesses
Languages : en
Pages : 0
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Book Description
This study examines the procedural implications of child participation in the proceedings before the International Criminal Court
Author: Helen Beckmann-Hamzei
Publisher:
ISBN: 9781780683393
Category : Child witnesses
Languages : en
Pages : 0
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Book Description
This study examines the procedural implications of child participation in the proceedings before the International Criminal Court
Author: Cynthia Chamberlain
Publisher:
ISBN: 9781780682952
Category : Children
Languages : en
Pages : 0
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Book Description
This book offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children's rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children's rights standards, particularly with regards to the protection of child victims and witnesses, their participation as victims in ICC proceedings, and their role as beneficiaries in reparations. The book proposes recommendations that could be adopted in order to guarantee children's rights in ICC proceedings. The book will be useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children's rights. *** It is with research such as the one carried out by Dr. Chamberlain that the future jurisprudence of the International Criminal Court will progress and advance the application and interpretation of the Rome Statute with a human rights perspective. -- from the Foreword by Elizabeth Odio Benito, Former Judge International Tribunal for the Former Yugoslavia and the International Criminal Court Subject: International Law, Criminal Law, Human Rights Law, Children's Law]
Author: Annelotte Jorien Walsh
Publisher: Open Dissertation Press
ISBN: 9781361036549
Category : Law
Languages : en
Pages : 292
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Book Description
This dissertation, "A Children's Rights Audit of the International Criminal Court" by Annelotte Jorien, Walsh, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Involvement with criminal proceedings can be a daunting and stressful experience for children and may even have adverse effects on children's psychological and physical wellbeing if proceedings are not conducted in a child friendly manner in accordance with their basic human rights. While children have traditionally played a marginal role at earlier international criminal tribunals, children are increasingly involved in proceedings at the International Criminal Court (ICC) as victims, witnesses and potential recipients of reparations. This gives rise to the question to what extent the laws, policies and practice of the ICC in relation to child victims and witnesses meet child friendly justice standards as set out in various international children's rights treaties and documents. In answering this question this thesis conducted an audit of the ICC using a unique child friendly justice measurement matrix. Using this matrix the audit closely examined different institutional levels of the Court in relation to five aspects of child friendly justice: accountability for crimes committed against children; protection of child victims and witnesses; children's participation in ICC proceedings; children's role as potential beneficiaries of reparations; and the adoption of institutional measures of implementation. The audit revealed that ICC 'compliance' with children's rights varies among different institutional dimensions as well as among different categories of rights. Specifically, the audit found that the ICC has a strong in principle committed towards ensuring the protection of children's rights. This is also reflected in the legal framework of the Court with the inclusion of a variety of 'child friendly' provisions relating to all aspects of their interaction with the court. Nevertheless, the audit found that this commitment is not fully translated into practice and that practice in relation to children to date has been a mixed experience. For example, the audit found that whilst the realisation of accountability for crimes committed against children has been relatively good in relation to the crime of the recruitment and use of child soldiers but very limited in relation to other crimes. Moreover, while the realisation of protection rights of children has been fairly good, gaps remain in the realisation of the participatory rights of children. The audit identified the absence of certain necessary institutional measures of implementation in particular the adoption of a court-wide children's strategy and training and awareness-raising of children's rights among all staff as obstacles preventing further realisation of children's rights at the Court. The findings of the audit make clear that the Court still has a long way to go in being fully 'child friendly'. The thesis argues that serious efforts need to be made to 'mainstream' children's rights into the policies and practice of the Court. The thesis argues that increased knowledge and understanding of children's rights and their specific needs and interests in the context of international criminal justice through training and awareness-raising is the first step towards further compliance with children's rights as this will have trickledown effect to other areas and aspects of the organisations. Subjects: Children's rights
Author: Carsten Stahn
Publisher: Oxford University Press, USA
ISBN: 0198705166
Category : Law
Languages : en
Pages : 1441
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Book Description
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 3642325017
Category : Law
Languages : en
Pages : 330
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Book Description
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.
Author: Mark A. Drumbl
Publisher: Oxford University Press
ISBN: 0199592659
Category : History
Languages : en
Pages : 254
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Book Description
Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.
Author: Mark Klamberg
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481010
Category : Law
Languages : en
Pages : 819
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Book Description
Author: Farhad Malekian
Publisher: Cambridge Scholars Publishing
ISBN: 1443836737
Category : Law
Languages : en
Pages : 515
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Book Description
The system of the United Nations, as well as many international and regional bodies, imposes various duties on states that consequently have obligations towards the rights of their individuals. This is particularly significant in the case of children who are not only considered one of the most valuable subjects of international regulations, but are also an integral part of the legislation of domestic laws. Despite the fact that laws concerning the rights of children are well settled in the international sphere, and are recognized under the jus cogens norms, national laws about children, or national laws having an effect on children, are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime. But when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent. For example, in the nineties, when a child of 11 was raped in Sweden, the judgment concluded that there was an implicit consent. Similarly, when a child of seven was raped by an Iranian priest in a Mosque, it was judged as the victim receiving spiritual enlightenment. By analogy with the rules which exist to provide legal, social and economic aid to the victims of national or international crimes, it may be possible to suggest that there is an established legal duty for all states to provide access to resources which can, under reasonable criteria, protect children from the improper conducts of individuals, organisations, and the administration of justice. It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, criminal law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions, norms, and principles within various areas of the law that relate to the rights of children. The extent of these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgement of rights is also a matter of intention, and may be implied or expressed by the practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights, are the central issues of this book.
Author: Cécile Aptel
Publisher: Taylor & Francis
ISBN: 1000862879
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Roberto Bellelli
Publisher: Routledge
ISBN: 1317114280
Category : Law
Languages : en
Pages : 706
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Book Description
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
