Prosecuting International Crimes and Human Rights Abuses Committed Against Children

Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 9783642005183
Format: PDF, Kindle
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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.

Rules Politics and the International Criminal Court

Author: Yvonne Dutton
Publisher: Routledge
ISBN: 1134124325
Format: PDF
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In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

The Mirage of International Criminal Law

Author:
Publisher: Cambridge Scholars Publishing
ISBN: 152751790X
Format: PDF, Mobi
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This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

International Criminal Law

Author: Alexander Zahar
Publisher: Oxford University Press, USA
ISBN: 9780406959041
Format: PDF, Docs
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International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape.

The Inter American Court of Human Rights

Author: Laurence Burgorgue-Larsen
Publisher: Oxford University Press
ISBN: 0199588783
Format: PDF, Kindle
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This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.

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

Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 9783642107993
Format: PDF, Docs
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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.

Schoolchildren as Propaganda Tools in the War on Terror

Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 9783642179006
Format: PDF, ePub, Docs
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This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

Young People s Human Rights and the Politics of Voting Age

Author: Sonja C. Grover
Publisher: Springer Science & Business Media
ISBN: 9789048189632
Format: PDF, ePub, Docs
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Young People’s Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements and the legislative bar against youth voting in North America and in Commonwealth countries (where ‘youth’ is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one’s life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children’s human rights, political psychology, political science , sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children’s human rights issues.

Children and Transitional Justice

Author: Sharanjeet Parmar
Publisher: Harvard University Press
ISBN: 9780979639548
Format: PDF
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Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation. The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.

The International Criminal Court

Author: Florian Razesberger
Publisher: Peter Lang Pub Incorporated
ISBN: 9783631554357
Format: PDF
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This book provides a brief overview of the historical roots of the International Criminal Court and explains the unique character and purpose of the principle of complementarity within the Rome Statute and its other constituent instruments. The author also examines article 17, the core provision in relation to complementarity, and describes its application in different phases of the proceedings before the ICC. This study tries to highlight the problematic issue of amnesties, which is not covered by the respective legal instruments, and questions the political and judicial implications of complementarity. This book is intended as a practical handbook rather than a theoretical inquiry.