Child soldier victims of genocidal forcible transfer: exonerating child soldiers charged with grave conflict-related international crimes

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 theRome 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. Provides an original analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of genocidal forcible transfer of children. Analyzes various modes of judicial and non-judicial accountability mechanisms for child soldiers charged with international crimes and discusses their inapplicability. Challenges various anthropological accounts of child soldiers' alleged accountability for conflict-related international crimes as members of armed groups or forces committing mass atrocities and/or genocide. INDICE: Children's Rights Participation Rhetoric: Distorting the Plight ofthe Child Soldier. The Fallacious Demonization of Child Soldiers. Recruitmentand Use of 'Child Soldiers' in Hostilities by Armed Groups Committing Mass Atrocities and/or Genocide as Itself a Form of Genocide. Challenging the Attemptto De-legitimize the Human Rights Claims of Child Soldier Victims of Genocidal Forcible Transfer. Truth and Reconciliation Mechanisms: A Re-victimization of Child Victims of Genocidal Forcible Transfer?. Concluding Remarks.

• ISBN: 978-3-642-23613-6
• Editorial: Springer Berlin Heidelberg
• Encuadernacion: Cartoné
• Páginas: 340
• Fecha Publicación: 31/12/2011
• Nº Volúmenes: 1
• Idioma: Inglés