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Children and the International Criminal Court: Analysis of the Rome Statute through a Children's Rights Perspective

Children and the International Criminal Court: Analysis of the Rome Statute through a Children's Rights Perspective

          
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About the Book

This book offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children's rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children's rights standards, particularly as regards the protection of child victims and witnesses, their participation as victims in ICC proceedings and their role as beneficiaries in reparations. The author proposes recommendations that could be adopted in order to guarantee children's rights in ICC proceedings. This book is a useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children's rights.

Table of Contents:
ContentsForeword Acknowledgements List of Abbreviations Introduction Chapter 1. Armed Conflict and Children 1. Children as Victims of Armed Conflict and Gross Violationsof Human Rights 1.1. Violence against Children as a Method of War 1.2. Socioeconomic Impact of Armed Conflict on Children 1.3. Refugee and Internally Displaced Children 2. Children as Participants in Armed Conflict 3. Children as Key Players in Peace, Reconciliation and Justice Mechanisms 4. Conclusions Chapter 2. Children and the ICC 's Structure 1. The Establishment of the ICC 2. Organisation of the ICC 2.1. The Assembly of State Parties 2.2. Presidency and Chambers 2.3. The Registry 2.4. The Office of the Prosecutor 3. Child-Sensitive Reading of the Rome Statute and Other ICC Provisions Chapter 3. Application of Children's Rights to the ICC 's LegalFramework 1. Introduction to Article 21 of the Rome Statute 2. The CRC 3. Applicability of Other International Instruments 3.1. International Humanitarian Law Instruments 3.2. Paris Principles 3.3. United Nations Resolutions 4. Regional Instruments and Case Law 4.1. Brief Introduction to the Regional Human Rights Systems 4.2. African Human Rights System 4.3. Inter-American Human Rights System 4.3.1. Definition of Child 4.3.2. Special Protection of Children, particularly during Armed Conflict and in Situations of Gross Violations of Human Rights 4.3.3. Recruitment of Children 4.3.4. Procedural Rights of Children 4.3.5. Children's Rights to Reparation 4.4. European Human Rights System 4.5. Case Law of the Special Court for Sierra Leone 5. Conclusions Chapter 4. C rimes under the Jurisdiction of the ICC and Children 1. Who are the Victims of Crimes Committed against Children? 2. International Crimes in which Children are a Material Element of the Crime 2.1. Genocide by Forcibly Transferring Children of the Group to Another Group 2.1.1. Brief Note on the Crime of Genocide in General 2.1.2. The Act of Genocide of "Forcible Transfer of Children" 2.2. Enlistment, Conscription and Use of Children under the Age of 15 to Participate Actively in the Hostilities 2.2.1. Nature of the Crimes of Enlistment, Conscription and Use of Children to Participate Actively inthe Hostilities 2.2.2. Conscription and Enlistment and the Controversial Element of "Voluntariness" 2.2.2.1. Consent as a Valid Defence 2.2.2.2. Consent is not a Valid Defence but is Legally Relevant 2.2.2.3. Consent is Impossible and Legally Irrelevant 2.2.3. The Concept of Use of Children under the Age of 15 to Participate Actively in Hostilities 2.2.3.1. U se as "Direct Participation" 2.2.3.2. U se as Direct and Indirect Participation but Excluding Use for Other Purposes (Namely Domestic Work and Sexual Violence) 2.2.3.3. U se as "Associated with an Armed Group" 2.2.3.4. "Use" Dependent on the Risk to which the Child is Exposed 2.2.4. Age Determination 3. International Crimes in which Children are Disproportionately or More Seriously Affected 3.1. Sexual Violence3.1.1. The Underlying Acts of Sexual Violence 3.1.2. Charges of Sexual Violence and Cumulative Charging and Duplicity of Charges 3.2. Intentional Attacks against Schools and Other Civilian Objects and Humanitarian Objects 4. Conclusions Chapter 5. Children's Interaction with the ICC 1. Reaching out for Children 2. Participation of Child Victims at the ICC 2.1. Who is a Victim? 2.2. The Application Process 2.3. Legal Representation and Legal Aid 2.4. Modalities of Participation 2.4.1. Pre-Trial Stage: Investigation 2.4.2. Pre-Trial Stage: Confirmation of Charges 2.4.3. Trial Stage 2.4.4 Appeal Stage 3. Protection of Child Victims and Witnesses 3.1. Obligation to Protect and Support 3.2. Protective and Special Measures Available to Child Victims and Witnesses 3.3. Protection and Reliability of Child Witnesses 4. Reparations to Child Victims 4.1. Victim Beneficiary of Reparations 4.2. Types of Reparations and Harms 4.2.1. Restitution 4.2.2. Compensation 4.2.3. Rehabilitation 4.2.4. Other Types of Reparation 4.3. Principles on Reparations 4.4. Reparations Proceedings 5. Conclusions Chapter 6. Conclusions and Recommendations 1. Creating a Culture of Children's Rights in International Justice 2. Recognising that Children's Rights are Not Optional 3. Adapting ICC Proceedings to Article 12 of the CRC 4. Preserving the Evidence of Child Witnesses 5. Protecting Children against Exploitation 6. Including the Plight of Children in All ICC Cases 7. Reaching Out for Children 8. Guaranteeing Active Participation of Child Victims 9. Providing Meaningful, Adequate and Fair Reparations for Child Victims, their Families and Communities 10. Involving States in an ICC Children's Rights Strategy 11. Concluding Remarks Guidelines on Children and the International Criminal Court Bibliography Table of Cases Table of International Instruments and Resolutions Index About the Author


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Product Details
  • ISBN-13: 9781780682952
  • Publisher: Intersentia Ltd
  • Publisher Imprint: Intersentia Ltd
  • Depth: 19
  • Language: English
  • Returnable: Y
  • Spine Width: 20 mm
  • Weight: 500 gr
  • ISBN-10: 1780682956
  • Publisher Date: 18 Jun 2015
  • Binding: Paperback
  • Height: 161 mm
  • No of Pages: 274
  • Series Title: English
  • Sub Title: Analysis of the Rome Statute through a Children's Rights Perspective
  • Width: 240 mm


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