International Law and Child Soldiers

Author: Gus Waschefort

Publisher: Bloomsbury Publishing

ISBN: 1782254331

Category: Law

Page: 224

View: 2446

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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.

Reimagining Child Soldiers in International Law and Policy

Author: Mark A. Drumbl

Publisher: Oxford University Press

ISBN: 0199592659

Category: History

Page: 239

View: 7742

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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.

Child Soldiers in International Law

Author: Matthew Happold

Publisher: Manchester University Press

ISBN: 9780719065866

Category: Law

Page: 183

View: 3370

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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.

Child Soldiers as Agents of War and Peace

A Restorative Transitional Justice Approach to Accountability for Crimes Under International Law

Author: Leonie Steinl

Publisher: Springer

ISBN: 9462652015

Category: Law

Page: 421

View: 5772

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This book deals with child soldiers’ involvement in crimes under international law.Child soldiers are often victims of grave human rights abuses, and yet, in some cases,they also participate actively in inflicting violence upon others. Nonetheless, theinternational discourse on child soldiers often tends to ignore the latter dimensionof children’s involvement in armed conflict and instead focuses exclusively on theirrole as victims. While it might seem as though the discourse is therefore beneficial for child soldiersas it protects them from blame and responsibility, it is important to realize that theso-called passive victim narrative entails various adverse consequences, which canhinder the successful reintegration of child soldiers into their families, communitiesand societies. This book aims to address this dilemma. First, the available optionsfor dealing with child soldiers’ participation in crimes under international law, suchas transitional justice and criminal justice, and their shortcomings are analyzed indepth. Subsequently a new approach is developed towards achieving accountabilityin a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers,children and armed conflict, as well as international criminal law, transitional justice,juvenile justice, restorative justice, children’s rights, and international human rightslaw. Secondly, professionals working on issues of transitional justice, juvenile justice,international criminal law, children’s rights, and the reintegration of child soldierswill also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Lawof the Humboldt-Universität in Berlin.

War Law

Understanding International Law and Armed Conflict

Author: Michael Byers

Publisher: Open Road + Grove/Atlantic

ISBN: 9781555848460

Category: Law

Page: 224

View: 4254

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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Child Soldiers in the Age of Fractured States

Author: Scott Gates,Simon Reich

Publisher: University of Pittsburgh Press

ISBN: 0822973596

Category: Biography & Autobiography

Page: 321

View: 5418

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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.

Fighting and Victimhood in International Criminal Law

Author: Joanna Nicholson

Publisher: Routledge

ISBN: 1317210549

Category: Law

Page: 195

View: 6969

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The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

Compliant Rebels

Rebel Groups and International Law in World Politics

Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

View: 1815

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Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.

Child soldiers

the role of children in armed conflict

Author: Ilene Cohn,Guy S. Goodwin-Gill,Institut Henry-Dunant

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 228

View: 3486

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Armies of the Young

Child Soldiers in War and Terrorism

Author: David M. Rosen

Publisher: Rutgers University Press

ISBN: 9780813535685

Category: History

Page: 199

View: 7835

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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.

Transitional Justice for Child Soldiers

Accountability and Social Reconstruction in Post-Conflict Contexts

Author: K. Fisher

Publisher: Springer

ISBN: 113703050X

Category: Political Science

Page: 228

View: 8310

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This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

Child Soldiers

Practice, Law and Remedies

Author: U. C. Jha

Publisher: N.A

ISBN: 9789386457523

Category: Political Science

Page: 304

View: 2281

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This book gives an up-to-date and comprehensive analysis of the recruitment and use of child soldiers worldwide; and examines the (in) adequacy of international institutions and laws in protecting children.

Child Soldiers: A Reference Handbook

A Reference Handbook

Author: David M. Rosen Ph.D.

Publisher: ABC-CLIO

ISBN: 1598845276

Category: Social Science

Page: 323

View: 5511

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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. • A chronology of major events in the efforts to limit the use of child soldiers • Biographical sketches of famous child soldiers and key figures in the effort to ban the use of child soldiers • A directory of organizations involved in the child soldier issue

Child Migration and Human Rights in a Global Age

Author: Jacqueline Bhabha

Publisher: Princeton University Press

ISBN: 1400850169

Category: Political Science

Page: 392

View: 6667

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Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

Routledge Handbook of the Law of Armed Conflict

Author: Rain Liivoja,Tim McCormack

Publisher: Routledge

ISBN: 1136028889

Category: Law

Page: 721

View: 1414

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The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

Law and Morality at War

Author: Adil Ahmad Haque

Publisher: Oxford University Press

ISBN: 0199687390

Category:

Page: 304

View: 8538

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The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.

The International Law on the Rights of the Child

Author: Geraldine Van Bueren

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110916

Category: Law

Page: 435

View: 6129

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This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from "The International Law on the Rights of the Child" are being donated to the International Save the Children Alliance to assist them in their work with children.

Children and Transitional Justice

Truth-telling, Accountability and Reconciliation

Author: Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa

Publisher: Harvard University Press

ISBN: 9780979639548

Category: Law

Page: 417

View: 5796

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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.

A Search for Sovereignty

Law and Geography in European Empires, 1400–1900

Author: Lauren Benton

Publisher: Cambridge University Press

ISBN: 1107782716

Category: History

Page: N.A

View: 8846

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A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Campaigning for Justice

Human Rights Advocacy in Practice

Author: Jo Becker

Publisher: Stanford University Press

ISBN: 0804784388

Category: Political Science

Page: 336

View: 4170

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Advocates within the human rights movement have had remarkable success establishing new international laws, securing concrete changes in human rights policies and practices, and transforming the terms of public debate. Yet too often, the strategies these advocates have employed are not broadly shared or known. Campaigning for Justice addresses this gap to explain the "how" of the human rights movement. Written from a practitioner's perspective, this book explores the strategies behind some of the most innovative human rights campaigns of recent years. Drawing on interviews with dozens of experienced human rights advocates, the book delves into local, regional, and international efforts to discover how advocates were able to address seemingly intractable abuses and secure concrete advances in human rights. These accounts provide a window into the way that human rights advocates conduct their work, their real-life struggles and challenges, the rich diversity of tools and strategies they employ, and ultimately, their courage and persistence in advancing human rights.