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This book addresses age-based persecution of children as a crime
against humanity in connection with genocide, crimes against
humanity and war crimes (persecution - with some variation in the
elements of the crime - is an existing offence under the Rome
Statute of the permanent International Criminal Court, the statutes
of various international criminal tribunals i.e. International
Criminal Tribunal for Rwanda, the International Criminal Tribunal
for the Former Yugoslavia and under the statutes of other
international criminal courts (i.e. the Special Court of Sierra
Leone)). The book introduces a completely original concept in
international criminal law, however, in discussing age-based
persecution of children as an international crime against humanity
where (i) the particular discrete child collective is targeted 'as
such' for international atrocity crimes or (ii) individual children
are targeted based on their age-based group identity as it
intersects with other perpetrator - targeted characteristics such
as gender, ethnicity, religion etc.
In this book the author argues that judicial activism in respect of
the protection of human rights and dignity and the right to due
process is an essential element of the democratic rule of law in a
constitutional democracy as opposed to being 'judicial overreach'.
Selected recent case law is explored from the US and Canadian
Supreme Courts as well as the European Court of Human Rights
illustrating that these Courts have, at times, engaged in judicial
activism in the service of providing equal protection of the law
and due process to the powerless but have, on other occasions,
employed legalistic but insupportable strategies to sidestep that
obligation.The book will be of interest to those with a deep
concern regarding the factors that influence judicial
decision-making and the judiciary's role through judgments in
promoting and preserving the underpinnings of democracy. This
includes legal researchers, the judiciary, practicing counsel and
legal academics and law students as well as those in the area of
democracy studies, in addition to scholars in the fields of
sociology and philosophy of law.
This book addresses the intersection of various domains of
international law (refugee law, human rights law including child
rights international law and humanitarian law) in terms of the
implications for State obligations to child refugee asylum seekers
in particular; both as collectives and as individual persons. How
these State obligations have been interpreted and translated into
practice in different jurisdictions is explored through selected
problematic significant cases. Further, various threats to refugee
children realizing their asylum rights, including refoulement of
these children through State extraterritorial and pushback
migration control strategies, are highlighted through selected case
law. The argument is made that child refugee asylum seekers must
not be considered, in theory or in practice, beyond the protection
of the law if the international rule of law grounded on respect for
human dignity and human rights is in fact to prevail.
This book addresses the intersection of various domains of
international law (refugee law, human rights law including child
rights international law and humanitarian law) in terms of the
implications for State obligations to child refugee asylum seekers
in particular; both as collectives and as individual persons. How
these State obligations have been interpreted and translated into
practice in different jurisdictions is explored through selected
problematic significant cases. Further, various threats to refugee
children realizing their asylum rights, including refoulement of
these children through State extraterritorial and pushback
migration control strategies, are highlighted through selected case
law. The argument is made that child refugee asylum seekers must
not be considered, in theory or in practice, beyond the protection
of the law if the international rule of law grounded on respect for
human dignity and human rights is in fact to prevail.
This book considers the Optional Protocol to the Convention on the
Rights of the Child on a communication procedure as a key
contributor to the realization of children's Article 12 Convention
on the Rights of the Child participation rights. Weaknesses in the
current formulation of the CRC communication procedure (its first
iteration since entry into force 14 April, 2014) are examined and
suggestions for strengthening of the mechanism in various respects
considered. Actual cases concerning children's fundamental human
rights in various domains and brought under various international
human rights mechanisms are considered as hypothetical OP3-CRC
communications/complaints. In addition certain domestic cases
brought to the highest State Court are considered as hypothetical
OP3-CRC communications brought after exhaustion of domestic
remedies. In this way various significant weaknesses of the OP3-CRC
are illustrated in a compelling meaningful case context and needed
amendments highlighted.
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.
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.
This book addresses the phenomenon of children as the particular
targets of extreme cruelty and genocide during armed conflict.
Selected International Criminal Court cases are analyzed to
illustrate the ICC's failure to address the genocidal forcible
transfer of children to armed State and/or non-State groups or
forces perpetrating mass atrocities and/or genocide. An original
legal interpretation of children as a protected group in the
context of the genocide provision of the Rome Statute is provided.
The work also examines certain examples of the various modes in
which armed State and/or non-State groups or forces perpetrating
mass atrocities and/or genocide appropriate children and accomplish
the genocidal forcible transfer of children to the perpetrator
group. It is argued that the failure to prosecute the genocidal
forcible transfer of children through the ICC mechanisms (where the
Court has jurisdiction and the State has failed to meet its
obligations in this regard) undermines the perceived gravity of
this heinous international crime within the international
community. Furthermore, this ICC failure to prosecute conflicts
with the interests of justice and ultimately results in an erosion
of the respect for the personhood and human dignity of children.
This book considers the Optional Protocol to the Convention on the
Rights of the Child on a communication procedure as a key
contributor to the realization of children's Article 12 Convention
on the Rights of the Child participation rights. Weaknesses in the
current formulation of the CRC communication procedure (its first
iteration since entry into force 14 April, 2014) are examined and
suggestions for strengthening of the mechanism in various respects
considered. Actual cases concerning children's fundamental human
rights in various domains and brought under various international
human rights mechanisms are considered as hypothetical OP3-CRC
communications/complaints. In addition certain domestic cases
brought to the highest State Court are considered as hypothetical
OP3-CRC communications brought after exhaustion of domestic
remedies. In this way various significant weaknesses of the OP3-CRC
are illustrated in a compelling meaningful case context and needed
amendments highlighted.
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.
This book provides an original legal analysis of child soldiers
recruited into armed groups or forces committing mass atrocities
and/or genocide as the victims of the genocidal forcible transfer
of children. Legal argument is made regarding the lack of criminal
culpability of such child soldier 'recruits' for conflict-related
international crimes and the inapplicability of currently
recommended judicial and non-judicial accountability mechanisms in
such cases. The book challenges various anthropological accounts of
child soldiers' alleged 'tactical agency' to resist committing
atrocity as members of armed groups or forces committing mass
atrocity and/or genocide. Also provided are original
interpretations of relevant international law including an
interpretation of the Rome Statute age-based exclusion from
prosecution of persons who were under 18 at the time of
perpetrating the crime as substantive law setting an international
standard for the humane treatment of child soldiers.
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.
This book addresses the phenomenon of children as the particular
targets of extreme cruelty and genocide during armed conflict.
Selected International Criminal Court cases are analyzed to
illustrate the ICC's failure to address the genocidal forcible
transfer of children to armed State and/or non-State groups or
forces perpetrating mass atrocities and/or genocide. An original
legal interpretation of children as a protected group in the
context of the genocide provision of the Rome Statute is provided.
The work also examines certain examples of the various modes in
which armed State and/or non-State groups or forces perpetrating
mass atrocities and/or genocide appropriate children and accomplish
the genocidal forcible transfer of children to the perpetrator
group. It is argued that the failure to prosecute the genocidal
forcible transfer of children through the ICC mechanisms (where the
Court hasjurisdiction and the State has failed to meet its
obligations in this regard) undermines the perceived gravity of
this heinous international crime within the international
community. Furthermore, this ICC failure to prosecute conflicts
with the interests of justice and ultimately results in an erosion
of the respect for the personhood and human dignity of children.
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."
This book provides an original legal analysis of child soldiers
recruited into armed groups or forces committing mass atrocities
and/or genocide as the victims of the genocidal forcible transfer
of children. Legal argument is made regarding the lack of criminal
culpability of such child soldier 'recruits' for conflict-related
international crimes and the inapplicability of currently
recommended judicial and non-judicial accountability mechanisms in
such cases. The book challenges various anthropological accounts of
child soldiers' alleged 'tactical agency' to resist committing
atrocity as members of armed groups or forces committing mass
atrocity and/or genocide. Also provided are original
interpretations of relevant international law including an
interpretation of the Rome Statute age-based exclusion from
prosecution of persons who were under 18 at the time of
perpetrating the crime as substantive law setting an international
standard for the humane treatment of child soldiers.
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
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.
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.
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.
In this book the author argues that judicial activism in respect of
the protection of human rights and dignity and the right to due
process is an essential element of the democratic rule of law in a
constitutional democracy as opposed to being 'judicial overreach'.
Selected recent case law is explored from the US and Canadian
Supreme Courts as well as the European Court of Human Rights
illustrating that these Courts have, at times, engaged in judicial
activism in the service of providing equal protection of the law
and due process to the powerless but have, on other occasions,
employed legalistic but insupportable strategies to sidestep that
obligation.The book will be of interest to those with a deep
concern regarding the factors that influence judicial
decision-making and the judiciary's role through judgments in
promoting and preserving the underpinnings of democracy. This
includes legal researchers, the judiciary, practicing counsel and
legal academics and law students as well as those in the area of
democracy studies, in addition to scholars in the fields of
sociology and philosophy of law.
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