Prosecuting International Crimes and Human Rights Abuses Committed Against Children

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

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.

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, ePub
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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, Mobi
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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.

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Format: PDF, ePub
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

Interventions

Author: Kofi Annan
Publisher: Penguin
ISBN: 1101595965
Format: PDF, Kindle
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"[A] resolute, detailed, and unflinching review of [Annan’s] most difficult hours…No one ever came closer to being the voice of “we the peoples” and no one paid a higher price for it. The world still needs such a voice, but the next person who tries to fill that role will want to reflect long and hard on the lessons of this candid, courageous, and unsparing memoir." --Michael Ignatieff, The New York Review of Books Receiving the Nobel Peace Prize in December 2001, United Nations Secretary-General Kofi Annan spoke to a world still reeling from the terrorist attacks of September 11. “Ladies and Gentlemen,” proclaimed Annan, “we have entered the third millennium through a gate of fire. If today, after the horror of 11 September, we see better, and we see further—we will realize that humanity is indivisible. New threats make no distinction between races, nations, or regions.” Yet within only a few years the world was more divided than ever—polarized by the American invasion of Iraq, the Arab-Israeli conflict, the escalating civil wars in Africa, and the rising influence of China. Interventions: A Life in War and Peace is the story of Annan’s remarkable time at the center of the world stage. After forty years of service at the United Nations, Annan shares here his unique experiences during the terrorist attacks of September 11; the American invasions of Iraq and Afghanistan; the war between Israel, Hizbollah, and Lebanon; the brutal conflicts of Somalia, Rwanda, and Bosnia; and the geopolitical transformations following the end of the Cold War. With eloquence and unprecedented candor, Interventions finally reveals Annan’s unique role and unparalleled perspective on decades of global politics. The first sub-Saharan African to hold the position of Secretary-General, Annan has led an extraordinary life in his own right. His idealism and personal politics were forged in the Ghanaian independence movement of his adolescence, when all of Africa seemed to be rising as one to demand self-determination. Schooled in Africa, Europe, and the United States, Annan ultimately joined the United Nations in Geneva at the lowest professional level in the still young organization. Annan rose rapidly through the ranks and was by the end of the Cold War prominently placed in the dramatically changing department of peacekeeping operations. His stories of Presidents Clinton and Bush, dictators like Saddam Hussein and Robert Mugabe, and public figures of all stripes contrast powerfully with Annan’s descriptions of the courage and decency of ordinary people everywhere struggling for a new and better world. Showing the successes of the United Nations, Annan also reveals the organization’s missed opportunities and ongoing challenges—inaction in the Rwanda genocide, continuing violence between Israelis and Palestinians, and the endurance of endemic poverty. Yet Annan’s great strength in this book is his ability to embed these tragedies within the context of global politics, demonstrating how, time and again, the nations of the world have retreated from the UN’s founding purpose. From the pinnacle of global politics, Annan made it his purpose to put the individual at the center of every mission for peace and prosperity. A personal biography of global statecraft, Annan’s Interventions is as much a memoir as a guide to world order—past, present, and future.