Sonja C. Grover Ordine dei libri

Focusing on age-based persecution of children, this book presents a groundbreaking perspective within international criminal law, framing such acts as crimes against humanity. It explores how children can be targeted as a collective or as individuals, considering the intersections of age with other identity factors like gender, ethnicity, and religion. By linking this persecution to established offenses under various international statutes, the work aims to enhance understanding and legal accountability for these atrocities.

Judicial activism is presented as a crucial component of democratic governance, particularly in safeguarding human rights and due process. By analyzing recent case law from the US, Canada, and the European Court of Human Rights, the author demonstrates how courts have sometimes acted to protect the marginalized, while at other times have used legalistic maneuvers to avoid their responsibilities. This exploration is aimed at legal professionals, scholars, and students interested in the dynamics of judicial decision-making and its impact on democracy.

Focusing on the legal obligations of states towards child refugee asylum seekers, this book examines the interplay of refugee law, human rights law, and humanitarian law. It analyzes how these obligations are applied across different jurisdictions through significant case studies, highlighting the challenges faced by refugee children, such as refoulement and pushback strategies. The author argues for the necessity of ensuring that child refugees are protected under the law, emphasizing the importance of upholding human dignity and rights within the framework of international law.

Focusing on the legal complexities surrounding torture, this book delves into the foundations for legally defining acts of torture, especially in cases involving children as victims. It explores the intricacies of legal frameworks and the challenges in categorizing specific actions as torture, highlighting the unique vulnerabilities of children in these contexts.

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

The book examines controversial decisions made by the European Court of Human Rights, emphasizing the importance of the Court's moral integrity in upholding human rights. It argues that these rulings play a crucial role in advancing the internationalization of the rule of law, highlighting the delicate balance between legal authority and ethical considerations in the protection of human rights.

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offense the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict.

This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC‘s failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.

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 the Rome 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.

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.