Children and the international criminal court. Analysis of the Rome Statute through a children's rights perspective / C. Chamberlain.
2015
KZ7288 .C48 2015 (Map It)
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Author
Title
Children and the international criminal court. Analysis of the Rome Statute through a children's rights perspective / C. Chamberlain.
Published
Mortsel : Intersentia Uitgevers NV, 2015.
Call Number
KZ7288 .C48 2015
ISBN
9781780682952
1780682956
1780682956
Description
270 pages
System Control No.
(OCoLC)907631711
Summary
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.0This 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.0.
Note
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.0This 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.0.
Record Appears in
Table of Contents
Foreword
vii
Acknowledgements
xi
List of Abbreviations
xvii
Introduction
1
ch. 1
Armed Conflict and Children
11
1.
Children as Victims of Armed Conflict and Gross Violations of Human Rights
12
1.1.
Violence against Children as a Method of War
12
1.2.
Socioeconomic Impact of Armed Conflict on Children
15
1.3.
Refugee and Internally Displaced Children
17
2.
Children as Participants in Armed Conflict
18
3.
Children as Key Players in Peace, Reconciliation and Justice Mechanisms
23
4.
Conclusions
24
ch. 2
Children and the ICC's Structure
27
1.
The Establishment of the ICC
28
2.
Organisation of the ICC
31
2.1.
The Assembly of State Parties
31
2.2.
Presidency and Chambers
32
2.3.
The Registry
35
2.4.
The Office of the Prosecutor
38
3.
Child-Sensitive Reading of the Rome Statute and Other ICC Provisions
39
ch. 3
Application of Children's Rights to the ICC's Legal Framework
41
1.
Introduction to Article 21 of the Rome Statute
44
2.
The CRC
52
3.
Applicability of Other International Instruments
65
3.1.
International Humanitarian Law Instruments
65
3.2.
Paris Principles
66
3.3.
United Nations Resolutions
71
4.
Regional Instruments and Case Law
75
4.1.
Brief Introduction to the Regional Human Rights Systems
75
4.2.
African Human Rights System
76
4.3.
Inter-American Human Rights System
78
4.3.1.
Definition of Child
80
4.3.2.
Special Protection of Children, particularly during Armed Conflict and in Situations of Gross Violations of Human Rights
80
4.3.3.
Recruitment of Children
83
4.3.4.
Procedural Rights of Children
84
4.3.5.
Children's Rights to Reparation
85
4.4.
European Human Rights System
88
4.5.
Case Law of the Special Court for Sierra Leone
93
5.
Conclusions
96
ch. 4
Crimes under the Jurisdiction of the ICC and Children
99
1.
Who are the Victims of Crimes Committed against Children?
101
2.
International Crimes in which Children are a Material Element of the Crime
104
2.1.
Genocide by Forcibly Transferring Children of the Group to Another Group
104
2.1.1.
Brief Note on the Crime of Genocide in General
104
2.1.2.
The Act of Genocide of "Forcible Transfer of Children"
106
2.2.
Enlistment, Conscription and Use of Children under the Age of 15 to Participate Actively in the Hostilities
107
2.2.1.
Nature of the Crimes of Enlistment, Conscription and Use of Children to Participate Actively in the Hostilities
108
2.2.2.
Conscription and Enlistment and the Controversial Element of "Voluntariness"
109
2.2.2.1.
Consent as a Valid Defence
110
2.2.2.2.
Consent is not a Valid Defence but is Legally Relevant
111
2.2.2.3.
Consent is Impossible and Legally Irrelevant
114
2.2.3.
The Concept of Use of Children under the Age of 15 to Participate Actively in Hostilities
118
2.2.3.1.
Use as "Direct Participation"
118
2.2.3.2.
Use as Direct and Indirect Participation but Excluding Use for Other Purposes (Namely Domestic Work and Sexual Violence)
119
2.2.3.3.
Use as "Associated with an Armed Group"
121
2.2.3.4.
"Use" Dependent on the Risk to which the Child is Exposed
124
2.2.4.
Age Determination
127
3.
International Crimes in which Children are Disproportionately or More Seriously Affected
131
3.1.
Sexual Violence
131
3.1.1.
The Underlying Acts of Sexual Violence
134
3.1.2.
Charges of Sexual Violence and Cumulative Charging and Duplicity of Charges
139
3.2.
Intentional Attacks against Schools and Other Civilian Objects and Humanitarian Objects
142
4.
Conclusions
143
ch. 5
Children's Interaction with the ICC
145
1.
Reaching out for Children
146
2.
Participation of Child Victims at the ICC
155
2.1.
Who is a Victim?
155
2.2.
The Application Process
163
2.3.
Legal Representation and Legal Aid
167
2.4.
Modalities of Participation
172
2.4.1.
Pre-Trial Stage: Investigation
173
2.4.2.
Pre-Trial Stage: Confirmation of Charges
177
2.4.3.
Trial Stage
178
2.4.4.
Appeal Stage
180
3.
Protection of Child Victims and Witnesses
181
3.1.
Obligation to Protect and Support
181
3.2.
Protective and Special Measures Available to Child Victims and Witnesses
184
3.3.
Protection and Reliability of Child Witnesses
197
4.
Reparations to Child Victims
198
4.1.
Victim Beneficiary of Reparations
199
4.2.
Types of Reparations and Harms
201
4.2.1.
Restitution
201
4.2.2.
Compensation
202
4.2.3.
Rehabilitation
204
4.2.4.
Other Types of Reparation
205
4.3.
Principles on Reparations
206
4.4.
Reparations Proceedings
209
5.
Conclusions
213
ch. 6
Conclusions and Recommendations
215
1.
Creating a Culture of Children's Rights in International Justice
216
2.
Recognising that Children's Rights are Not Optional
218
3.
Adapting ICC Proceedings to Article 12 of the CRC
219
4.
Preserving the Evidence of Child Witnesses
221
5.
Protecting Children against Exploitation
225
6.
Including the Plight of Children in All ICC Cases
226
7.
Reaching Out for Children
227
8.
Guaranteeing Active Participation of Child Victims
228
9.
Providing Meaningful, Adequate and Fair Reparations for Child Victims, their Families and Communities
230
10.
Involving States in an ICC Children's Rights Strategy
231
11.
Concluding Remarks
231
Guidelines on Children and the International Criminal Court
233
Bibliography
239
Table of Cases
249
Table of International Instruments and Resolutions
261
Index
267
About the Author
273