Reimagining Child Soldiers in International Law and Policy

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Author: Mark A. Drumbl

Publisher: Oxford University Press

ISBN: 0199592659

Category: History

Page: 239

View: 5754

Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

International Law and Child Soldiers

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Author: Gus Waschefort

Publisher: Bloomsbury Publishing

ISBN: 1782254331

Category: Law

Page: 224

View: 4754

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

Morality, Jus Post Bellum, and International Law

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Author: Larry May,Andrew Forcehimes

Publisher: Cambridge University Press

ISBN: 1107024021

Category: Law

Page: 271

View: 6303

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Pluralism in International Criminal Law

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Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 335

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Ethical Reasoning in International Affairs

Arguments from the Middle Ground

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Author: C. Navari

Publisher: Springer

ISBN: 113729096X

Category: Political Science

Page: 251

View: 4403

Arguing for a middle ground between idealism and realism, this book considers the most pressing ethical and moral issues in contemporary international politics, including intervention, human rights and aid, and sets about reasoning how to resolve them in politically realistic ways.

Beyond War

Reimagining America's Role and Ambitions in a New Middle East

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Author: David Rohde

Publisher: Penguin

ISBN: 0143125117

Category: History

Page: 221

View: 3921

This book distills eleven years of expert reporting for The New York Times, Reuters, and The Atlantic Monthly into a clarion call for change. An incisive look at the evolving nature of war, Rohde exposes how a dysfunctional Washington squandered billions on contractors in Iraq and Afghanistan, neglected its true allies in the war on terror and failed to employ its most potent nonmilitary weapons: American consumerism, technology, and investment. Rohde then surveys post-Arab Spring Tunisia, Turkey, and Egypt, and finds a yearning for American technology, trade, and education. He argues that only Muslim moderates, not Americans, can eradicate militancy. For readers of Steve Coll, Tom Ricks, and Ahmed Rashid, Beyond War shows how the failed American effort to back moderate Muslims since 9/11 can be salvaged.

Sociological Abstracts

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Author: Leo P. Chall

Publisher: N.A

ISBN: N.A

Category: Sociology

Page: N.A

View: 4663

CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.