Humanity’s Children: ICC Jurisprudence and the Failure to by Sonja C. Grover

By Sonja C. Grover

This ebook addresses the phenomenon of kids because the specific goals of maximum cruelty and genocide in the course of armed clash. chosen foreign felony proceedings are analyzed to demonstrate the ICC‘s failure to handle the genocidal forcible move of kids to armed nation and/or non-State teams or forces perpetrating mass atrocities and/or genocide. An unique felony interpretation of youngsters as a secure workforce within the context of the genocide provision of the Rome Statute is supplied. The paintings additionally examines yes examples of a number of the modes within which armed nation and/or non-State teams or forces perpetrating mass atrocities and/or genocide acceptable young children and attain the genocidal forcible move of kids to the wrongdoer staff. it truly is argued that the failure to prosecute the genocidal forcible move of kids throughout the ICC mechanisms (where the court docket has jurisdiction and the kingdom has did not meet its duties during this regard) undermines the perceived gravity of this heinous overseas crime in the overseas group. in addition, this ICC failure to prosecute conflicts with the pursuits of justice and eventually ends up in an erosion of the consideration for the personhood and human dignity of children.

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Extra info for Humanity’s Children: ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children

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This is the case given: (1) the right of all children (as a special privileged group under international humanitarian and customary law) to maximum and equal protection from all forms of grave international crimes in times of armed conflict and in peace 191 Rome Statute (2002). Rome Statute (2002). 193 Rome Statute (2002). 194 Rome Statute (2002). 195 See Triffterer (2008) for a discussion of the specific wording of Article 22 (1). 196 Rome Statute (2002). 6 Foreseeability, Perpetrator Accountability and Rome Statute Article 6(e) 35 and (2) the fact that restrictive interpretation cannot be taken to mean an interpretation that in actuality leaves gaps in terms of which children (a special protected group under international law) are in fact protected from forcible transfer to an armed group or force (State or non-State) perpetrating mass atrocities and/or genocide.

160 Additional Protocols I and II to the Geneva Conventions (1977). 161 Convention on the Rights of the Child (1990, emphasis added). 162 Convention on the Rights of the Child (1990, emphasis added). 1 The Nullum Crimen Principle and the Genocidal Forcible Transfer of Children to an Armed Group or Force Article 11(2) of the 1948 Universal Declaration of Human Rights states that “international law may be a source of legality for the purpose of applying the nullum crimen principle” . e. 170 Put somewhat differently: .

E. as rebel loyalists). Those charges were confirmed on appeal with the reversal of the ICC Pre-Trial Chamber’s initial decision to refuse confirmation of the genocide charges against Al Bashir. 106 The distinction between ‘crimes against humanity’ and ‘genocide’, it would appear, is often blurry. Both concepts are circular and descriptive as currently defined in international law such that their application in any particular situation is largely a matter of idiosyncratic judgment in interpretation.

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