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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: Charles 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: Matthew Happold
Publisher: Manchester University Press
ISBN: 9780719065866
Category : Law
Languages : en
Pages : 204
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Book Description
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: 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: Peter W. Singer
Publisher: Vintage
ISBN: 1101970057
Category : Political Science
Languages : en
Pages : 290
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Book Description
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.
Author: UNICEF Staff
Publisher: UNICEF
ISBN: 928064324X
Category : Education
Languages : en
Pages : 80
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Book Description
Author: Mark A. Drumbl
Publisher: Edward Elgar Publishing
ISBN: 1788114485
Category : Political Science
Languages : en
Pages : 563
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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: Janet Fleischman
Publisher: Human Rights Watch
ISBN: 9781564321398
Category : History
Languages : en
Pages : 90
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Book Description
"Child soldiers are among the most tragic victims of the war in Liberia. Although international law forbids the use of children under the age of 15 as soldiers, thousands of young children have been involved in the fighting since it began in December 1989. The main rebel forces, the National Patriotic Front of Liberia (NPFL) and the United Liberian Movement for Democracy in Liberia (ULIMO), have consistently used children under the age of 18, including thousands under 15. Children are also reportedly used by the other warring factions. As a consequence, thousands of children in Liberia have suffered cruelly during the war: many have been killed or wounded or witnessed terrible atrocities. Moreover, many children themselves have been forced to take part in the killing, maiming or rape of civilians. The use of children as soldiers presents grave human rights problems. Many of these children have been killed during the conflict, thus denied the most basic right -- the right to life. Others have been forcibly conscripted by the warring factions, and separated from their families against their wills. Many have joined warring factions to survive. All have been denied a normal childhood. Reintegrating these children into their communities is a task of immense difficulty. Some children's parents have been killed, their families have fled, and no relatives can be found. In others, families have refused to take children back because of the abuses they have committed. Human Rights Watch believes that 18 is the minimum age at which people may properly take part in armed conflict."--cover.
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: Rutgers University Press
ISBN: 9780813535685
Category : Political Science
Languages : en
Pages : 220
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Book Description
Children have served as soldiers throughout history. They fought in the American Revolution, the Civil War, and in both world wars. They served as uniformed soldiers, camouflaged insurgents, and even suicide bombers. Indeed, the first U.S. soldier to be killed by hostile fire in the Afghanistan war was shot in ambush by a fourteen-year-old boy. Does this mean that child soldiers are aggressors? Or are they victims? It is a difficult question with no obvious answer, yet in recent years the acceptable answer among humanitarian organizations and contemporary scholars has been resoundingly the latter. These children are most often seen as especially hideous examples of adult criminal exploitation. In this provocative book, David M. Rosen argues that this response vastly oversimplifies the child soldier problem. Drawing on three dramatic examples-from Sierra Leone, Palestine, and Eastern Europe during the Holocaust-Rosen vividly illustrates this controversial view. In each case, he shows that children are not always passive victims, but often make the rational decision that not fighting is worse than fighting. With a critical eye to international law, Armies of the Young urges readers to reconsider the situation of child combatants in light of circumstance and history before adopting uninformed child protectionist views. In the process, Rosen paints a memorable and unsettling picture of the role of children in international conflicts.
