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The Torture of Children During Armed Conflicts: The ICC's Failure to Prosecute and the Negation of Children's Human Dignity

Autor Sonja C. Grover
en Limba Engleză Hardback – 8 noi 2013
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.
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Specificații

ISBN-13: 9783642406881
ISBN-10: 3642406882
Pagini: 300
Ilustrații: XVIII, 228 p.
Dimensiuni: 155 x 235 x 23 mm
Greutate: 0.53 kg
Ediția:2014
Editura: Springer Berlin, Heidelberg
Colecția Springer
Locul publicării:Berlin, Heidelberg, Germany

Public țintă

Research

Cuprins

Part I Introduction: Contentious issues regarding what constitutes torture.- Part II Re-examining ICC cases involving the torture of children where torture was improperly not charged: The UN designated six most grave crimes against children as torture.- Part III A consideration of ICC cases in which torture was charged: Disregarding children as the particularized targets of torture in cases where torture was charged.- Part IV Conclusion: The de-politicization/denigration of children due to the disregard of children as the particularized targets of torture.

Textul de pe ultima copertă

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.

Caracteristici

Critical analysis of ICC cases involving the torture of children during armed conflict where torture was not prosecuted Original legal analysis of the U.N. designated six most grave crimes perpetrated against children as constituting torture Examination of the ICC's disregard for children's inherent civil and political rights through its failure to prosecute the torture of children during armed conflict Includes supplementary material: sn.pub/extras