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Author: Julie McBride
Publisher: Springer Science & Business Media
ISBN: 9067049212
Category : Law
Languages : en
Pages : 236
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Book Description
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.
Author: Julie McBride
Publisher: Springer Science & Business Media
ISBN: 9067049212
Category : Law
Languages : en
Pages : 236
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Book Description
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.
Author: Matthew Happold
Publisher: Manchester University Press
ISBN: 1526170469
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 1107178312
Category : Law
Languages : en
Pages : 423
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Book Description
Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 3642236138
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Mark A. Drumbl
Publisher: Edward Elgar Publishing
ISBN: 1788114485
Category : Political Science
Languages : en
Pages : 576
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Book Description
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.
Author: Ilene Cohn
Publisher: Oxford University Press, USA
ISBN:
Category : Literary Criticism
Languages : en
Pages : 258
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Book Description
"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
Author: Gus Waschefort
Publisher: Bloomsbury Publishing
ISBN: 1782254331
Category : Law
Languages : en
Pages : 266
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Book Description
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.
Author: Scott Gates
Publisher: University of Pittsburgh Press
ISBN: 0822973596
Category : Political Science
Languages : en
Pages : 321
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Book Description
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.
Author: Alpaslan Özerdem
Publisher: Springer
ISBN: 0230342922
Category : Social Science
Languages : en
Pages : 337
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Book Description
This book examines the complex and under-researched relationship between recruitment experiences and reintegration outcomes for child soldiers. It looks at time spent in the group, issues of cohesion, identification, affiliation, membership and the post demobilization experience of return, and resettlement.
Author: David M. Rosen
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Social Science
Languages : en
Pages : 185
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Book Description
This book exposes the role of children in war, describing where, why, and how children are deployed, the attempts made by international organizations to protect children, and the underlying political and cultural issues that make this such a thorny issue. In conflict-torn countries such as Myanmar and Uganda, the use of child soldiers in military and paramilitary operations continues to occur despite widespread condemnation and the efforts of organizations such as the Coalition to Stop the Use of Child Soldiers. This book will allow readers to grasp the impact of this issue for both individuals and nations worldwide. Child Soldiers: A Reference Handbook traces the evolution of child soldiers from approximately 1940 onwards, covering important historical to modern conflicts. The subject is discussed from a global perspective, with particular attention given to areas where the use of child soldiers is most prevalent. The book covers the complex underlying reasons for the continued use of child soldiers in the modern world, examines the political and psychological consequences of using children—both male and female—in military and paramilitary organizations, and describes how this subject has been addressed by international law and various human rights organizations.
