The persecution of children as a crime against humanity : the case for the prosecution / Sonja C. Grover.

Format:

Book

Author/Creator:

Grover, Sonja C., author.

Language:

English

Subjects (All):

Children--Crimes against.

Children.

Crimes against humanity.

Physical Description:

1 online resource (219 pages)

Place of Publication:

Cham, Switzerland : Springer, [2021]

Summary:

This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted 'as such' for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator - targeted characteristics such as gender, ethnicity, religion etc.

Contents:

Intro

Acknowledgements

Contents

Chapter 1: Introduction

References

Materials

Cases

Chapter 2: International Atrocity Crimes Targeting Children and Lacunae in Charging Under International Criminal Law

2.1 Introduction

2.2 The as Yet Unfulfilled Promise of the 2016 ICC `Policy on Children´ Regarding Equity in Accountability for Rome Statute Cr...

2.2.1 Case Examples in Brief of the Failure to Charge Age-Based Persecution as a Crime Against Humanity Targeting Children

2.3 The Child Collective as a Distinct Separable Specially Protected Group Under International Law

2.3.1 Selected Examples of IHL/CIL Setting Out That Children Enjoy Special Protections as Children During Armed Conflict Beyon...

2.3.2 The Scope of the Privileges Children Enjoy Under Article 77 Protocol I and Article 4(3) Protocol II to the August 12, 19...

2.4 Factors That Facilitate the Potential Accountability for Violations of IHL/CIL

Literature

Chapter 3: Age-Based Persecution Targeting Children

3.1 The Failure to Charge Persecution as a Crime Against Humanity Targeting Children

3.2 Case 1: The Prosecutor v Bosco Ntaganda (ICC Case Regarding International Atrocity Crimes Committed in the DRC 2002-2003)

3.2.1 Persecution of the Hema UPC/FPLC Child Soldiers

3.2.2 The UPC/FPLC Child Soldiers as Protected Persons Under IHL/CIL

3.2.3 The Persecution of Children Based on Age Intersecting with Gender and Ethnicity

3.2.4 Controversies on the Legal Status of UPC/FPLC Child Soldier/Sex Slaves

3.2.5 The Rape and Sexual Slavery of the UPC/FPLC Child Soldiers as Crimes Against Humanity as Well as War Crimes

3.2.6 UPC/FPLC International Atrocity Crimes Directed Against the Child Collective.

3.2.7 Rome Statute Element by Element Analysis of the `Age-Based Persecution´ of Hema Children Incorporated Into the UPC/FPLC ...

3.2.8 The UPC/FPLC Child Soldiers as Enslaved Civilians

3.2.9 Age-Based Persecution of the Child Collective `As Such´

3.2.10 The Overlooked Older UPC/FPLC Child Soldiers

3.2.11 More on Collective International Crimes

Chapter 4: The Persecution of Children In Connection With Genocide

4.1 Genocide Targeting the Child Collective `As Such´ or as `Part´ of the Larger Protected Group

4.2 Legal Controversy Re What Constitutes `a Part´ of the Targeted Group Under the Genocide Convention

4.2.1 Case 1: Prosecutor v. Krstic, IT-98-33-T, Trial Judgment, 2 Aug. 2001 (ICTY)

4.3 On Destruction of a `Part of a Part´ as Genocide

4.4 Genocide by Imposing Measures Designed to Prevent Births: One Impact of the Srebrenica Massacre

4.5 The Srebrenica Massacre and Our Understanding of State Complicity in Genocide

4.6 More on the Massacred Bosnian Male Adolescents at Srebrenica as the Collective Victim of Genocide

4.7 ISIL, Age-Based Persecution and the Yazidi Children Born of Rape

4.8 Age-Based Persecution in Connection With the Genocide of Tutsi Children, Children of Tutsi-Hutu Heritage and the Children ...

4.8.1 The Incitement to Genocide Targeting the Child Collective: Rwanda 1994

4.9 Positive and Negative Definitions of the Part or Whole Targeted for Genocide

Chapter 5: The Persecution of Children in Connection with Crimes Against Humanity

5.1 Introduction

5.1.1 Persecution as a Crime Against Humanity Under the Rome Statute

5.1.2 The Prohibited Grounds Under the Persecution Provisions of the Statutes of the ICTR, ICTY and SCSL.

5.1.3 `Extermination´ on a Discriminatory Ground Not Covered in the Genocide Convention

5.2 The Persecution of Children in Connection with `Extermination´ as a Crime Against Humanity

5.2.1 The Targeting of the Child Collective in the Context of Mass Killing (Extermination): The Rwandan 1994 Massacre of Tutsi

5.3 Case 1: Prosecutor versus Alex Tamba Brima, Brima Bazzy Kamera and Santigie Borbor Kanu (Special Court of Sierra Leone)

5.3.1 Children Spared from Extermination and Used as Child Soldiers/Sex Slaves (Prosecutor versus Alex Tamba Brima, Brima Bazz...

5.3.2 The Prohibition on `Age-Based Persecution´ as CIL: The Failure to Charge in Prosecutor versus Alex Tamba Brima, Brima Ba...

5.4 Case 2: Theoneste Bagosoro and Anatole Nsengiyumva versus The Prosecutor (International Criminal Tribunal for Rwanda)

5.5 The Child Collective Persecuted Through Gender-Based International Crimes

5.5.1 The Persecution of Children Qua Children Based on Intersecting Grounds

5.6 The Dominic Ongwen (ICC) Case and the Failure to Charge Persecution of Children in Connection with the Gender-Based Crimes...

5.6.1 Introduction to Case 3: The Dominic Ongwen (ICC) Case

5.6.2 Case 3: The Prosecutor v Dominic Ongwen (ICC)

Chapter 6: The Persecution of Children in Connection with War Crimes: Selected Exemplars

6.1 Introduction

6.2 Rome Statute War Crimes

6.2.1 The Persecution of Children in Connection with the War Crime of Torture

6.2.2 The Persecution of Children in Connection with Gender-Based War Crimes

6.2.3 Forced Religious Conversion and Indoctrination into the Perpetrator Credo as Violations of IHL/CIL and International Hum...

6.2.4 International Human Rights Law Informing the Interpretation and Application of the Rome Statute.

6.2.5 Persecution of Children in Connection with War Crimes Involving Forced Religious Conversion and Indoctrination into the ...

6.2.6 War Crimes Involving Attacks on Protected Education and Cultural Objects

6.3 The Severe Deprivation of Child Soldier/Sex Slaves´ Fundamental Rights as the Crime Against Humanity of Persecution

Chapter 7: Concluding Remarks: The Persecution of Children as a Distinct Rome Statute Prosecutable Crime Against Humanity

7.1 Introduction

7.2 Age as a Universally Recognized Impermissible Ground for the Severe Deprivation of Fundamental Rights: The Persecution of ...

Cases.

Notes:

Description based on print version record.

ISBN:

3-030-75002-7

OCLC:

1258656912