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Books > Law > International law > Public international law > International humanitarian law
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The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human Dignity (Hardcover, 2014 ed.)
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The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human Dignity (Hardcover, 2014 ed.)
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This book examines selected legal complexities of the notion of
torture and the issue of the proper foundation for legally
characterizing certain acts as torture, especially when children
are the targeted victims of torture. ICC case law is used to
highlight the International Criminal Court's reluctance in practice
to prosecute as a separable offence the crime of torture as set out
in one or more of the relevant provisions of the Rome Statute where
children are the particularized targets as part of a common plan
during armed conflict. Also addressed is the failure of the ICC to
consider that the young age of the victims of torture (i.e.
children) should be an aggravating factor taken into account in
determining the ICC sentence for those convicted of the torture of
civilians, including children, in the context of armed conflict as
part of a common plan. The six UN-designated grave crimes against
children (including child soldiering for State or non-State forces
perpetrating mass atrocities, and sexual violence perpetrated on a
systematic and widespread basis against children including child
soldiers), it is argued, are also instances of the torture of
children as part of a common plan such that separate charges of
torture are legally supportable (along with the other charges
relating to additional Rome Statute offences involved in such
circumstances). Useful legal perspectives on the issue of the
torture of children in its various manifestations gleaned from the
case law of other international judicial forums such as the
Inter-American Court of Human Rights and the ICTY are also
examined.
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