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1 Children's Rights Participation Rhetoric: Distorting the Plight of the Child Soldier |
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1 | (60) |
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1.1 The Child's Right to Survival Versus the Child's Participation Rights |
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1 | (9) |
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1.2 Child Soldiers as Civilians with Special Protected Status and No Unconditional Right to Participate in Hostilities |
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10 | (10) |
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1.3 The Privileged Status of Children During Armed Conflict and the Inadequacies of the `Best Interests of the Child Principle' Rationale |
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20 | (8) |
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1.4 What the Historical Record on IHL Teaches About Jus Cogens Norms and Children Affected by Armed Conflict |
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28 | (22) |
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1.4.1 The Origin and Basis of the Special Protections Accorded to Children During Armed Conflict |
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28 | (10) |
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1.4.2 The Uneven Development of Child Protection Guarantees in IHL and International Human Rights Law |
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38 | (9) |
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1.4.3 More on the Preparatory Work for AP I and the Position of the ICRC |
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47 | (3) |
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1.5 The Inapplicability of Participation Rights Rhetoric to `Child Soldiering' in an Armed Group/Force Committing Mass Atrocities and/or Genocide |
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50 | (11) |
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56 | (5) |
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2 The Fallacious Demonization of Child Soldiers |
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61 | (76) |
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2.1 Analyzing Backlash Arguments Favoring the Prosecution of Child Soldiers |
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61 | (76) |
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2.1.1 Examining the Failure to Establish a Universal Minimum Age of Criminal Culpability for International Crimes |
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61 | (15) |
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2.1.2 Challenging the Categorization of the Age Exclusion of the Rome Statute as `Procedural' Rather than `Substantive' Law |
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76 | (3) |
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2.1.3 International Practice in Cases Concerning Child Soldiers Accused of Conflict-Related International Crimes |
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79 | (7) |
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2.1.4 The Issue of Duress and Child Soldier Alleged Criminal Culpability for Conflict-Related International Crimes |
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86 | (5) |
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2.1.5 The Flawed Presumption of Child Soldier Alleged `Tactical Agency' as a Basis for Assigning Culpability |
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91 | (5) |
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2.1.6 Rome Statute Article 26 and State Prosecution of Child Soldier Perpetrators of Conflict-Related International Crimes |
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96 | (10) |
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2.1.7 Re-Victimizing Child Soldiers: Setting the Stage for the Alleged Criminal Liability of Child Soldiers for Conflict-related International Crimes |
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106 | (10) |
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2.1.8 On the Issue of Prosecuting `Those Most Responsible': What then of Child Soldiers? |
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116 | (5) |
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2.1.9 On `Blaming the Victim' |
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121 | (7) |
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2.1.10 A Note on Child Soldiers' Entitlement Under IHL and International Human Rights Law to Special Protections |
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128 | (1) |
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2.1.11 Child Soldier Narratives |
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129 | (6) |
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135 | (2) |
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3 Recruitment and Use of `Child Soldiers' in Hostilities by Armed Groups/Forces Committing Mass Atrocity and/or Genocide as Itself a Form of Genocide |
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137 | (72) |
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3.1 Introduction to the Convention on the Punishment and Prevention of the Crime of Genocide |
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137 | (10) |
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3.2 Children and Women as `Protected Groups' Under the Genocide Convention |
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147 | (5) |
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3.2.1 Life Force Assaults as Genocidal Acts: Applications of the Concept |
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150 | (2) |
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3.3 More on Determining `Protected Groups' Under the Genocide Convention |
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152 | (17) |
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3.3.1 Analysis of the Terms in Article 2(e) of the Genocide Convention |
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154 | (15) |
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3.4 Children as Autonomous Rights Bearers |
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169 | (7) |
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3.4.1 Preserving Children's Authentic Identity in Times of Armed Conflict |
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174 | (2) |
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3.5 More on Controversies in Applying Article 2 of the Genocide Convention |
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176 | (7) |
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3.6 ICTR: A Case Example in Which the Transfer of Children as Child Soldiers to an Armed Group Attempting to Destroy a Targeted Population Ought to Have Been Classified as Itself a Form of Genocide |
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183 | (4) |
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3.6.1 Case of Joseph Kanyabashi ICTR-9-15 |
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184 | (1) |
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3.6.2 Background to the Ethnic Conflict in Rwanda in Brief |
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184 | (1) |
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3.6.3 Unjustified Failure to Charge Genocide Under Article 2(e) of the Statute of the ICTR: Kanyabashi as a Case in Point |
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185 | (2) |
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3.7 SCSL: Prosecutor v Charles Ghankay Taylor |
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187 | (5) |
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3.8 Ethnic Cleansing as Genocide: The Forcible Transfer of Children as a Case in Point |
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192 | (17) |
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192 | (4) |
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3.8.2 An Analysis of Bosnia and Herzegovina v. Serbia and Montenegro (Application of the Convention on the Prevention and Punishment of the Crime of Genocide) |
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196 | (3) |
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3.8.3 Genocidal Attacks on Family |
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199 | (2) |
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3.8.4 The ICC Charge of Genocide Against Omar Hassan Ahmed al-Bashir |
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201 | (3) |
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3.8.5 The Case of Prosecutor v Momir Nikolic |
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204 | (1) |
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205 | (4) |
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4 Challenging the Attempt to De-legitimize the Human Rights Claims of Child Soldier Victims of Genocidal Forcible Transfer |
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209 | (54) |
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4.1 Human Rights Gatekeepers and Their Approach to Child Soldiers |
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209 | (5) |
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4.2 The Failure to Acknowledge the Genocidal Forcible Transfer of Child Soldiers: A Parallel Case in Children Born of War-Time Rape |
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214 | (16) |
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4.2.1 `Children of the Enemy': Parallel Cases of the Genocidal Forcible Transfer of Children |
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217 | (2) |
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4.2.2 Additional Commentary on Defining What Is Meant by `Group' in the Context of Genocide |
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219 | (5) |
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4.2.3 Gendered Sexual Violence and the Forcible Transfer of Children to Another Group |
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224 | (6) |
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4.3 Gaps in Protection Under International Law Against Child Soldiering |
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230 | (4) |
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4.3.1 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OP-CRC-AC) |
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230 | (3) |
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4.3.2 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography |
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233 | (1) |
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4.3.3 Weaknesses in the CRC and the Rome Statute Protection for Girls in the Context of Armed Conflict |
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233 | (1) |
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4.4 The Thomas Lubanga Dyilo ICC Case and Girl Child Soldiers |
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234 | (2) |
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4.5 Improving the Bar to Impunity for the Recruitment and Use of Children by Armed Groups to Perpetrate Atrocity and/or Genocide |
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236 | (1) |
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4.6 The Omar Khadr Child Soldier Case |
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237 | (11) |
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4.6.1 Children as Propaganda Tools in Conflict and Post-Conflict Contexts |
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247 | (1) |
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4.7 The Case of Prosecutor v Joseph Kony, Vincet Otti, Okut Odhiambo and Dominic Ongwen |
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248 | (7) |
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4.8 The Case of Thomas Kwoyelo |
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255 | (8) |
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258 | (5) |
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5 Truth and Reconciliation Mechanisms: A Re-victimization of Child Victims of Genocidal Forcible Transfer? |
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263 | (26) |
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5.1 On Whether Truth and Reconciliation Mechanisms Deliver Justice to Ex Child Soldiers and Their Community |
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263 | (7) |
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5.2 Children and the Truth and Reconciliation Process: Co-opting Children's Rights Participation Rhetoric |
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270 | (10) |
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5.2.1 The Sierra Leone Truth and Reconciliation Commission |
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270 | (7) |
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5.2.2 On `Socially Constructed' Ex Child Soldier Perceived Identities |
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277 | (1) |
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5.2.3 The Liberian Truth and Reconciliation Commission |
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278 | (2) |
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5.3 Children's Experiences in Testifying Before a Truth and Reconciliation Commission: The Sierra Leone Example |
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280 | (2) |
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5.4 On Whether Truth and Reconciliation Mechanisms Foster Effective Community Re-integration of the Ex Child Soldier |
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282 | (7) |
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286 | (3) |
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289 | (10) |
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296 | (3) |
| Index |
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299 | |
Lisainfo e-raamatute kohta