Prosecuting International Crimes and Human Rights Abuses Committed Against Children: Leading International Court Cases 1st Edition by Sonja C Grover ISBN 3642005179 9783642005176 by Sonja C. Grover (auth.) 9783642005176, 3642005179 instant download after payment.
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ISBN 10: 3642005179
ISBN 13: 9783642005176
Author: Sonja C Grover
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.
Prosecuting International Crimes and Human Rights Abuses Committed Against Children: Leading International Court Cases 1st Table of contents:
Part I: The International Human Rights Courts and Child Victims
Chapter 1: The Inter-American Human Rights System and Children's Rights
- A. Overview of the Inter-American Court of Human Rights and Inter-American Commission on Human Rights
- B. Case Studies: Analysis of key cases related to:
- Forced disappearance of children
- Child labor and exploitation
- Rights of Indigenous children
- State responsibility for harm to children
Chapter 2: The European International Human Rights Court System and Children's Rights
- A. Overview of the European Court of Human Rights (ECtHR)
- B. Case Studies: Analysis of key ECtHR judgments concerning:
- Child abduction and parental rights
- Maltreatment of children in state care
- Rights of children in detention
- Protection from violence and abuse
Part II: The International Criminal Courts and Child Victims
Chapter 3: The Ad Hoc International Criminal Tribunals: Lessons from Rwanda and Yugoslavia
- A. Overview of the ICTR and ICTY
- B. Case Studies from the ICTR:
- Genocide against children
- Sexual violence against children in the context of genocide
- Child witnesses in trials
- C. Case Studies from the ICTY:
- War crimes affecting children (e.g., targeting of schools, siege warfare)
- Sexual violence and enslavement of children
Chapter 4: The Special Court for Sierra Leone (SCSL): Pioneering Child Soldier Prosecutions
- A. Overview of the SCSL's Mandate and Jurisdiction
- B. Case Studies: Analysis of groundbreaking SCSL judgments, particularly:
- Prosecutor v. Brima, Kamara and Kanu (AFRC case): Convictions for child conscription and enlistment.
- Prosecutor v. Charles Taylor: Indirect responsibility for child recruitment and other crimes.
- Focus on the elements of crimes related to child soldiers.
Chapter 5: The International Criminal Court (ICC): Defining the Future of Child Justice
- A. Overview of the Rome Statute and the ICC's Jurisdiction over Crimes Against Children
- Specific crimes (e.g., conscription of child soldiers, sexual slavery, attacks on schools/hospitals)
- Provisions for child victims and witnesses
- B. Leading ICC Case Studies:
- Prosecutor v. Thomas Lubanga Dyilo: The landmark conviction for enlisting, conscripting, and using children to participate actively in hostilities.
- Analysis of evidence, legal elements, and sentencing.
- Prosecutor v. Bosco Ntaganda: Further convictions related to child recruitment and sexual violence.
- Prosecutor v. Dominic Ongwen: Complexities of former child soldier as perpetrator, convictions for crimes against children.
- Analysis of evolving jurisprudence on reparations for child victims.
Part III: Cross-Cutting Themes and Challenges
Chapter 6: Defining "Child" and Age Determination in International Justice
- Legal definitions across various instruments and tribunals.
- Challenges of age assessment in post-conflict settings.
Chapter 7: Child-Sensitive Justice: Victim and Witness Protection
- Measures for protecting children in court proceedings.
- Best interests of the child principle in practice.
- Participation rights of child victims.
Chapter 8: Reparations for Child Victims
- Types of reparations awarded (e.g., collective, individual).
- Challenges in implementing reparations for children.
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Tags: Sonja C Grover, Prosecuting, Crimes
