The Torture of Children During Armed Conflicts

The ICC's Failure to Prosecute and the Negation of Children's Human Dignity

Authors: Grover, Sonja C.

  • Critical analysis of ICC cases involving the torture of children during armed conflict where torture was not prosecuted
  • Original legal analysis of the U.N. designated six most grave crimes perpetrated against children as constituting torture
  • Examination of the ICC's disregard for children's inherent civil and political rights through its failure to prosecute the torture of children during armed conflict
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Hardcover $129.00
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Softcover $129.00
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About this book

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 offence 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. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Table of contents (9 chapters)

  • Contentious Issues Regarding What Constitutes Torture

    Grover, Sonja C.

    Pages 1-45

  • Selected ICC Cases Involving the Systematic Torture of Children Where Torture was Not Charged

    Grover, Sonja C.

    Pages 47-98

  • Selected ICC Cases in which Torture Charges Were Brought but the Special Targeting of Children for Torture Not Addressed

    Grover, Sonja C

    Pages 99-107

  • Lessons From the Inter-American Court of Human Rights: Addressing Child Torture

    Grover, Sonja C.

    Pages 109-126

  • The Enforced Disappearance of Children as Torture

    Grover, Sonja C.

    Pages 127-153

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-3-642-40689-8
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-3-642-40688-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $129.00
price for USA
  • ISBN 978-3-662-52336-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Torture of Children During Armed Conflicts
Book Subtitle
The ICC's Failure to Prosecute and the Negation of Children's Human Dignity
Authors
Copyright
2014
Publisher
Springer-Verlag Berlin Heidelberg
Copyright Holder
Springer-Verlag Berlin Heidelberg
eBook ISBN
978-3-642-40689-8
DOI
10.1007/978-3-642-40689-8
Hardcover ISBN
978-3-642-40688-1
Softcover ISBN
978-3-662-52336-0
Edition Number
1
Number of Pages
XVIII, 228
Topics