| Description |
1 online resource (xvi, 302 pages) |
| Contents |
1 Children's Rights Participation Rhetoric: Distortingthe Plight of the Child Soldier; 1.1 The Child's Right to Survival Versus the Child'sParticipation Rights; 1.2 Child Soldiers as Civilians with Special Protected Statusand No Unconditional Right to Participate in Hostilities; 1.3 The Privileged Status of Children During Armed Conflictand the Inadequacies of the 'Best Interests of the ChildPrinciple' Rationale; 1.4 What the Historical Record on IHL Teaches About Jus Cogens Norms and Children Affected by Armed Conflict |
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1.5 The Inapplicability of Participation Rights Rhetoricto 'Child Soldiering' in an Armed Group/ForceCommitting Mass Atrocities and/or GenocideLiterature and Materials; 2 The Fallacious Demonization of Child Soldiers; 2.1 Analyzing Backlash Arguments Favoring the Prosecutionof Child Soldiers; Literature and Materials; 3 Recruitment and Use of 'Child Soldiers' in Hostilitiesby Armed Groups/Forces Committing Mass Atrocity and/orGenocide as Itself a Form of Genocide; 3.1 Introduction to the Convention on the Punishmentand Prevention of the Crime of Genocide |
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3.2 Children and Women as 'Protected Groups' Underthe Genocide Convention3.3 More on Determining 'Protected Groups' Underthe Genocide Convention; 3.4 Children as Autonomous Rights Bearers; 3.5 More on Controversies in Applying Article 2 of the GenocideConvention; 3.6 ICTR: A Case Example in Which the Transfer of Children asChild Soldiers to an Armed Group Attempting to Destroya Targeted Population Ought to Have Been Classifiedas Itself a Form of Genocide; 3.7 SCSL: Prosecutor v Charles Ghankay Taylor; 3.8 Ethnic Cleansing as Genocide: The Forcible Transferof Children as a Case in Point |
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Literature and Materials4 Challenging the Attempt to De-legitimize the Human Rights Claimsof Child Soldier Victims of Genocidal Forcible Transfer; 4.1 Human Rights Gatekeepers and Their Approachto Child Soldiers; 4.2 The Failure to Acknowledge the Genocidal Forcible Transferof Child Soldiers: A Parallel Case in Children Bornof War-Time Rape; 4.3 Gaps in Protection Under International Law AgainstChild Soldiering; 4.4 The Thomas Lubanga Dyilo ICC Case and Girl Child Soldiers |
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4.5 Improving the Bar to Impunity for the Recruitment and Useof Children by Armed Groups to Perpetrate Atrocityand/or Genocide4.6 The Omar Khadr Child Soldier Case; 4.7 The Case of Prosecutor v Joseph Kony, Vincet Otti, Okut Odhiambo and Dominic Ongwen; 4.8 The Case of Thomas Kwoyelo; Literature and Materials; 5 Truth and Reconciliation Mechanisms: A Re-victimizationof Child Victims of Genocidal Forcible Transfer?; 5.1 On Whether Truth and Reconciliation Mechanisms DeliverJustice to Ex Child Soldiers and Their Community |
| Summary |
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 memb |
| Analysis |
Law |
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Public International Law |
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Human Rights |
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International Humanitarian Law, Law of Armed Conflict |
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International Criminal Law |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Children and genocide.
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Child soldiers.
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Genocide (International law)
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War crimes.
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SOCIAL SCIENCE -- Criminology.
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Science économique.
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Affaires.
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Child soldiers
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Children and genocide
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Genocide (International law)
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War crimes
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| Form |
Electronic book
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| ISBN |
9783642236143 |
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3642236146 |
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