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Book
The European Court of Human Rights as a Pathway to Impunity for International Crimes
Author:
ISBN: 9783642107993 9783642107979 3642107974 364242404X 9786612839443 1282839446 3642107990 Year: 2010 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition…The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Keywords

Law. --- European Law/Public International Law. --- Public law. --- Droit --- Droit public --- Human rights --- Criminal justice, Administration of --- Criminal provisions. --- European Court of Human Rights --- Rules and practices. --- Criminal justice, Administration of -- Europe. --- European Court of Human Rights -- Rules and practices. --- Human rights -- Europe -- Cases. --- Human rights -- Europe -- Criminal provisions. --- Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- Criminal provisions --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Law and legislation --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- Public international law. --- Human rights. --- International criminal law. --- Public International Law. --- Human Rights. --- International Criminal Law. --- European Commission of Human Rights --- Human security --- Transitional justice --- Truth commissions --- Public International Law . --- International Criminal Law . --- Law of nations --- Nations, Law of --- Public international law --- Law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Rules and practice.


Book
Children Defending their Human Rights Under the CRC Communications Procedure : On Strengthening the Convention on the Rights of the Child Complaints Mechanism
Author:
ISBN: 9783662444436 3662444429 9783662444429 3662444437 Year: 2015 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

Keywords

Law. --- Human Rights. --- International Relations. --- International Humanitarian Law, Law of Armed Conflict. --- Droit --- Law, Politics & Government --- Human Rights --- Children's rights. --- Children --- Legal status, laws, etc. --- Convention on the Rights of the Child --- Child welfare --- Child rights --- Children's human rights --- Children's rights --- Rights of children --- Rights of the child --- Law and legislation --- Law --- Civil rights --- Adong Kwŏlli Hyŏbyak --- CIDE --- CDN --- Convenção sobre os Direitos da Criança --- Convención de los derechos de los niños --- Convención sobre los Derechos del Niño --- Convention des Nations Unies sur les droits de l'enfant --- Convention internationale des droits de l'enfant --- Convention Internationale relative aux droits de l'enfant --- Convention internationale sur les droits de l'enfant --- Convention of the Rights of the Child --- Convention on Rights of the Child --- Convention relative aux droits de l'enfant --- Convenzione internazionale dei diritti del fanciullo --- Convenzione internazionale sui diritti dell'infanzia e dell'adolescenza --- Convenzione sui diritti del fanciullo --- Convenzione sui diritti dell'infanzia e dell'adolescenza --- CRC --- FN's konvention om barnets rettigheder --- Internationaal Verdrag inzake de Rechten van het Kind --- Ittifāqīyat al-Umam al-Muttaḥidah li-Ḥuqūq al-Ṭifl --- IVRK --- Jidō no kenri jōyaku --- Jidō no kenri ni kansusu jōyaku --- Kodomo no kenri jōyaku --- Kodomo no kenri ni kansuru jōyaku --- Konvensi Hak Anak --- Konvensi Hak-Hak Anak --- Konvensjon om barnets rettigheter --- Konvention om barnets rettigheder --- Konventionen om barnets rättigheter --- Konvent︠s︡ii︠a︡ o pravakh rebenka --- Konwencja o prawach dziecka --- Kunvānsiyūn-i Ḥuqūq-i Kūdak --- Lapsen oikeuksien yleissopimus --- Samningur Sameinuðu þjóðanna um réttindi barnsins --- Simiso Semalungelo Ebantfwana --- Übereinkommen über die Rechte des Kindes --- UN Convention on the Rights of the Child --- United Nations Convention on the Rights of the Child --- Convención de los derechos del niño --- Convenția internațională cu privire la drepturile copilului --- Convenția cu privire la drepturile copilului --- International relations. --- Human rights. --- International humanitarian law. --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation


Book
Child Soldier Victims of Genocidal Forcible Transfer : Exonerating Child Soldiers Charged With Grave Conflict-related International Crimes
Author:
ISBN: 3642236138 3642435351 9786613573421 1280395508 3642236146 Year: 2012 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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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 members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.


Book
Schoolchildren as Propaganda Tools in the War on Terror : Violating the Rights of Afghani Children under International Law
Author:
ISBN: 3642448275 3642178995 9786613085580 3642179002 1283085585 Year: 2011 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

Keywords

Law. --- Afghan War, 2001 --- -Afghan War, 2001 --- -Children's rights --- Educational law and legislation --- Humanitarian law --- Law, Politics & Government --- Law, General & Comparative --- Law and legislation --- Children --- Legal status, laws, etc --- Propaganda --- War on Terrorism, 2001-2009 --- Children (International law) --- Propaganda. --- Legal status, laws, etc. --- Childhood --- Kids (Children) --- Pedology (Child study) --- Youngsters --- Global Struggle Against Violent Extremism, 2001-2009 --- Global War on Terror, 2001-2009 --- GWOT, 2001-2009 (War on Terrorism) --- Terror War, 2001-2009 --- Terrorism War, 2001-2009 --- War against Terrorism, 2001-2009 --- War on Terror, 2001-2009 --- Political science. --- Human rights. --- International humanitarian law. --- International criminal law. --- Sociology. --- International Humanitarian Law, Law of Armed Conflict. --- Political Science. --- Sociology, general. --- International Criminal Law. --- Human Rights. --- Age groups --- Families --- Life cycle, Human --- International law --- Military history, Modern --- Terrorism --- World politics --- -Iraq War, 2003-2011 --- Operation Enduring Freedom, 2001 --- -Communication in politics --- Political psychology --- Social influence --- Advertising --- Persuasion (Psychology) --- Psychological warfare --- Public relations --- Publicity --- Social pressure --- Prevention --- International Criminal Law . --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- Criminal jurisdiction --- International crimes --- Social theory --- Humanitarian conventions --- International humanitarian law --- War (International law)


Book
The Torture of Children During Armed Conflicts : The ICC's Failure to Prosecute and the Negation of Children's Human Dignity
Author:
ISBN: 3642406882 3642406890 Year: 2014 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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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.


Book
Young People’s Human Rights and the Politics of Voting Age
Author:
ISBN: 9048189624 9786612995552 1282995553 9048189632 9789048189625 9789048189632 Year: 2011 Publisher: Dordrecht : Springer Netherlands : Imprint: Springer,

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Young People’s Human Rights and The Politics of Voting Age is the first book to address in-depth the topic of voting age eligibility as a universal fundamental human rights issue rather than an internal, discretionary State policy matter. International perspectives on the issue of voting age eligibility are examined as are the legal, historical, philosophical and sociological dimensions of the legislated age-based bar to the vote. The book examines examples of movements for the youth vote at 16. Also addressed is the failure of high profile human rights organizations and institutions to endorse the vote at age 16 and the implications for democratic values of the denial of the youth vote in most Western and non-Western States. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children’s human rights, political psychology, sociology, political science, sociology of law and as a supplementary text for courses on human rights or constitutional law. It would be of great interest also to members of the general public concerned with children and youth human rights issues.

Keywords

Children&#x2019;s rights. --- Political participation. --- Social participation. --- Voting age. --- Young adults -- Political activity. --- Youth -- Political activity. --- Voting age --- Political rights --- Suffrage --- Law, Politics & Government --- Political Science --- Law, General & Comparative --- Political Science - General --- Law and legislation --- Teenagers --- Human rights movements. --- Suffrage. --- Law and legislation. --- Young adults --- Youth --- Adolescents --- Teen-agers --- Teens --- Young adults (Teenagers) --- Political science. --- Law. --- Sociology. --- Developmental psychology. --- Psychology. --- Political Science and International Relations. --- Political Science. --- Law, general. --- Developmental Psychology. --- Law and Psychology. --- Sociology, general. --- Social movements --- Election law --- Age --- Political rights. --- Law --- Psychological aspects. --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Development (Psychology) --- Developmental psychobiology --- Psychology --- Life cycle, Human --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Social theory --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Philosophy --- Soul --- Mental health


Book
Prosecuting International Crimes and Human Rights Abuses Committed Against Children : Leading International Court Cases
Author:
ISBN: 3642005179 9786612839283 3642005187 1282839284 Year: 2010 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analyzed from a children’s human rights perspective and the question is examined as to what extent the international courts are according these children justice.

Keywords

Children -- Crimes against -- Cases. --- Children's rights -- Cases. --- International crimes -- Cases. --- International crimes --- Children (International law) --- Children --- Children's rights --- Law, General & Comparative --- Law, Politics & Government --- Crimes against --- Children's rights. --- Crimes against. --- Child rights --- Children's human rights --- Rights of children --- Rights of the child --- Crimes, International --- International crime --- International offenses --- Civil rights --- Law and legislation --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- International humanitarian law. --- International criminal law. --- Private International Law, International & Foreign Law, Comparative Law. --- International Criminal Law. --- Human Rights. --- International Humanitarian Law, Law of Armed Conflict. --- Human rights --- Crime --- Legal status, laws, etc. --- Private International Law, International & Foreign Law, Comparative Law . --- International Criminal Law . --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law


Book
Humanity’s Children : ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children
Author:
ISBN: 3642325009 3642447260 3642325017 1283935147 Year: 2013 Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer,

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Abstract

This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC‘s failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.

Keywords

Crimes against humanity. --- Criminal justice, Administration of. --- Criminal liability (International law). --- International criminal courts. --- Internally displaced persons --- Crimes against humanity --- Children and genocide --- Children --- Legal status, laws, etc --- Cases --- Crimes against --- Children and war. --- War crimes. --- Legal status, laws, etc. --- International Criminal Court. --- War and children --- Child welfare --- Law and legislation --- Law --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Law. --- International relations. --- Human rights. --- International humanitarian law. --- International criminal law. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- Human Rights. --- International Relations. --- Crime --- War --- International Criminal Law . --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Forcible transfer of people --- Uluslararası Ceza Mahkemesi --- UCM


Book
Child Refugee Asylum as a Basic Human Right : Selected Case Law on State Resistance
Author:
ISBN: 3319780115 3319780131 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.


Book
Judicial Activism and the Democratic Rule of Law : Selected Case Studies
Author:
ISBN: 3030350851 3030350843 Year: 2020 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation. The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

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