This paper takes a theoretical approach to examining the justification for punishing child soldiers for war crimes. The author uses a wide range of academic literature from the field of Politics, Philosophy, Sociology, Media, Law and Psychology to explain this very complex issue surrounding child soldiers. The author is inspired by Omar Khadr's case, a young soldier who has been detained since he was at the age of 15, November 2002, in Guantanamo Bay and tried for alleged war crimes. The paper analyses this apparent breach of international law through an ethical lens with the hope that it can find a real justification for punishing child soldiers who commit atrocities. The author goes through controversial issues such as childhood being a social construct and children being rational moral agents, the diffusion of combatant's responsibility for war crimes and the moral justification of punishment. The aim of this paper is to launch an in-depth debate on a topic which might have been considered straight-forward, but as the author proves, it deserves the full attention of scholars in the field of Political Science and Law.

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

​ This book describes the concept of child victimization in all its facets. Millions of young people throughout the world face violence, sexual, physical, and emotional abuse and exploitation on a daily basis. The worldwide victimization of young people can be prevented, or, at least, its incidence can be greatly reduced, if purposeful action is taken to do so. This volume researches and documents some of the ways in which young people throughout the world are victimized, and suggests strategies for preventing various forms of child vistimization. Eight distinct forms of victimization are identified and analyzed in detail. Included are discussions on child prostitution and pornography, economic exploitation through child labor and trafficking, physical and other abuse inflicted on young people in schools and other institutions, the use of children as armed combatants, and the denial of the basic needs and rights of children to such things as home and to education. In each chapter the authors discuss the nature of the victimization, its global dimensions and prevalence, and the measures governments and/or others are taking, or failing to take, to combat the harm based on the concept that youth victimization is a form of government crime.

The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.

This book exposes the role of children in war, describing where, why, and how children are deployed, the attempts made by international organizations to protect children, and the underlying political and cultural issues that make this such a thorny issue. In conflict-torn countries such as Myanmar and Uganda, the use of child soldiers in military and paramilitary operations continues to occur despite widespread condemnation and the efforts of organizations such as the Coalition to Stop the Use of Child Soldiers. This book will allow readers to grasp the impact of this issue for both individuals and nations worldwide. Child Soldiers: A Reference Handbook traces the evolution of child soldiers from approximately 1940 onwards, covering important historical to modern conflicts. The subject is discussed from a global perspective, with particular attention given to areas where the use of child soldiers is most prevalent. The book covers the complex underlying reasons for the continued use of child soldiers in the modern world, examines the political and psychological consequences of using children—both male and female—in military and paramilitary organizations, and describes how this subject has been addressed by international law and various human rights organizations.

The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, R—is’n Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.

Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.

This book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.