Reparations for child victims of armed conflict : state of the field and current challenges / Francesca Capone.
2017
KZ6785 .C37 2017 (Map It)
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Details
Author
Title
Reparations for child victims of armed conflict : state of the field and current challenges / Francesca Capone.
Published
Cambridge, United Kingdom : Intersentia, [2017]
Copyright
©2017
Call Number
KZ6785 .C37 2017
ISBN
9781780684383 (hardback)
178068438X (hardback)
178068438X (hardback)
Description
xxxii, 275 pages ; 25 cm.
Other Standard Identifiers
9781780684383
System Control No.
(OCoLC)972330286
Summary
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict."--Back cover.
Note
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict."--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 251-267) and index.
Record Appears in
Table of Contents
Foreword
vii
About the Author
ix
Acknowledgements
xi
Table of Cases
xix
Table of International Instruments
xxv
List of Abbreviations
xxix
ch. 1
Setting the Scene
1
1.1.
Children and Reparations: Together under the Spotlight
1
1.2.
General Overview of the Key Issues at Stake
5
1.3.
Why Focus on Child Victims of Armed Conflict?
9
1.4.
Definition of the Key Terms
11
1.5.
Aim of the Study
14
1.6.
Structure of the Book
16
pt. I
NORMATIVE AND THEORETICAL FRAMEWORK
ch. 2
Children as Victims of Armed Conflict
21
2.1.
Introduction
21
2.2.
`Victim' within the International Law Framework
24
2.3.
Children's Rights
30
2.3.1.
Two Declarations of the Rights of the Child
31
2.3.2.
Children's Rights within the Convention on the Rights of the Child
33
2.3.3.
Articles in the Convention on the Rights of the Child Relevant to Children's Right to Reparation
35
2.4.
Children's Vulnerability and Resilience
41
2.5.
Children and Women as Two Distinct Groups of Vulnerable Victims
47
2.6.
Child Soldiers
50
2.6.1.
Conscripting, Enlisting and Using Children to Participate in Hostilities under International Human Rights Law and International Humanitarian Law
52
2.6.2.
Child Soldiers under the International Criminal Law Framework
55
2.6.3.
Why Victims instead of Perpetrators?
61
2.7.
Conclusions
67
ch. 3
Right to Reparation in International Law: Developments, Shortcomings and their Relevance to Child Victims of Armed Conflict
69
3.1.
Introduction
69
3.2.
Reparations under International Human Rights Law, International Humanitarian Law and International Criminal Law
71
3.2.1.
International Human Rights Law
71
3.2.2.
International Humanitarian Law
75
3.2.3.
International Criminal Law
81
3.3.
Whose Responsibility?
87
3.3.1.
States
87
3.3.2.
Non-State Actors' Abidance by International Human Rights Law and International Humanitarian Law
92
3.3.2.1.
Non-State Armed Groups' Secondary Obligations
95
3.3.2.2.
Non-State Armed Groups and Children in Armed Conflict
103
3.3.3.
Individuals
106
3.4.
Conclusions
108
ch. 4
Forms and Scope of Reparations for Child Victims of Armed Conflict
111
4.1.
Introduction: Overview of the Different Forms of Reparation for Child Victims
111
4.1.1.
Restitution
112
4.1.2.
Compensation
113
4.1.3.
Rehabilitation
115
4.1.4.
Satisfaction
117
4.1.5.
Guarantees of Non-Repetition
118
4.2.
Individual and Collective Reparations
119
4.3.
Drawing a Line between Reparations and other Assistance Measures
125
4.4.
Material and Symbolic Reparations
128
4.5.
Transformative Potential of Reparations
130
4.6.
Conclusions
136
pt. II
CURRENT APPLICATION OF THE PRINCIPLES AND NORMS
ch. 5
Child Victims' Right to Reparation in `Quasi-Judicial' and Judicial International Settings
141
5.1.
Introduction
141
5.2.
Complaint Mechanisms of UN Treaty Bodies and the Third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure
141
5.3.
Children's Right to Reparation before International Tribunals and Courts
148
5.3.1.
Glance at the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda
148
5.3.1.1.
Children as Witnesses before the Ad Hoc Tribunals
150
5.3.1.2.
Right to Reparation before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda
151
5.3.2.
Special Court for Sierra Leone and Child Victims
154
5.3.2.1.
Children's Participation in the Trials before the Special Court for Sierra Leone
156
5.3.2.2.
Assessing Children's (Lack of) Right to Reparation before the Special Court for Sierra Leone
158
5.3.3.
International Criminal Court: Preliminary Caveats
160
5.3.3.1.
Children as `Victims' before the International Criminal Court
163
5.3.3.2.
Children as Witnesses before the International Criminal Court
166
5.3.3.3.
Child Victims' Right to Reparation before the International Criminal Court
169
5.3.3.3.1.
Trial Chamber I Decision on Reparations Principles and Procedures in the Lubanga Case
170
5.3.3.3.2.
Appeals Chamber Judgment on Reparations' Principles and Procedures in the Lubanga Case
173
5.4.
Conclusions
180
ch. 6
Child Victims' Right to Reparation in `Quasi-Judicial' and Judicial Regional Settings
183
6.1.
Introduction
183
6.2.
African Human Rights System
183
6.2.1.
`Quasi-Judicial' Bodies of the African Human Rights System
185
6.2.2.
African Court on Human and Peoples' Rights
187
6.3.
Inter-American Human Rights System
188
6.3.1.
Inter-American Commission on Human Rights and its Role in Relation to Child Victims
189
6.3.2.
Child Victims before the Inter-American Court of Human Rights: Preliminary Remarks on the Reparations Awarded in Cases Concerning Child Victims
195
6.3.2.1.
Reparations Awarded to Children as Indirect Victims
200
6.3.2.2.
Reparations Awarded to Children as Direct Victims
203
6.4.
Conclusions
207
ch. 7
Child Victims' Right to Reparation in Non-Judicial Settings
209
7.1.
Introduction
209
7.2.
Truth Commissions
210
7.2.1.
Children Included in the Truth Commissions' Mandate
211
7.2.2.
Children's Participation in Statement Taking and Public Hearings
211
7.2.3.
Children as Beneficiaries of Reparations
214
7.3.
National Reparations Programmes and Child Victims
220
7.4.
Trust Fund for Victims of the International Criminal Court
225
7.5.
Disarmament, Demobilisation and Reintegration Programmes
227
7.5.1.
Disarmament, Demobilisation and Reintegration of Former Child Soldiers
228
7.5.1.1.
Liberia
231
7.5.1.2.
Sierra Leone
235
7.6.
Conclusions
239
ch. 8
Final Remarks
241
8.1.
Introduction
241
8.2.
Overcoming the Lacunae of the Current Legal Framework
243
8.3.
Improving the Existing Mechanisms
246
8.4.
Awarding and Implementing Meaningful Reparations for Child Victims of Armed Conflict
248
8.5.
Conclusions
249
Bibliography
251
Index
269