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This book enquires into the counter-hegemonic capacity of
international criminal justice. It highlights perspectives and
themes that have thus far often been neglected in the scholarship
on (critical approaches to) international criminal justice. Can
international criminal justice be viewed as a 'counter-hegemonic'
project? And if so, under what conditions? In response to these
questions, scholars and practitioners from the Global South and
North reflect inter alia on the engagement with international
criminal justice in the context of Ukraine, Palestine, and
minorities in South-Asia while also highlighting the hegemonic
tendencies built into the institutional structure of the
International Criminal Court on the axes of gender and language.
Florian Jessberger is Professor of Criminal Law and Director of the
Franz von Liszt Institute for International Criminal Justice,
Humboldt-Universitat zu Berlin, Germany. Leonie Steinl is a Senior
Lecturer in Criminal Law at Humboldt-Universitat zu Berlin,
Germany. Kalika Mehta is an Associate Researcher at the Franz von
Liszt Institute for International Criminal Justice,
Humboldt-Universitat zu Berlin, Germany.
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, the
international discourse on child soldiers often tends to ignore the
latter dimension of children's involvement in armed conflict and
instead focuses exclusively on their role as victims. While it
might seem as though the discourse is therefore beneficial for
child soldiers as it protects them from blame and responsibility,
it is important to realize that the so-called passive victim
narrative entails various adverse consequences, which can hinder
the successful reintegration of child soldiers into their families,
communities and societies. This book aims to address this dilemma.
First, the available options for dealing with child soldiers'
participation in crimes under international law, such as
transitional justice and criminal justice, and their shortcomings
are analyzed in depth. Subsequently a new approach is developed
towards achieving accountability in 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 rights law. Secondly,
professionals working on issues of transitional justice, juvenile
justice, international criminal law, children's rights, and the
reintegration of child soldiers will 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 Law of
the Humboldt-Universitat in Berlin.
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