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020 _a9783642406898
_9978-3-642-40689-8
024 7 _a10.1007/978-3-642-40689-8
_2doi
035 _ato000544766
040 _aSpringer
_cSpringer
_dRU-ToGU
050 4 _aKZ7000-7500
072 7 _aLBBZ
_2bicssc
072 7 _aLAW051000
_2bisacsh
082 0 4 _a345
_223
100 1 _aGrover, Sonja C.
_eauthor.
_9452962
245 1 4 _aThe Torture of Children During Armed Conflicts
_helectronic resource
_bThe ICC's Failure to Prosecute and the Negation of Children's Human Dignity /
_cby Sonja C. Grover.
260 _aBerlin, Heidelberg :
_bSpringer Berlin Heidelberg :
_bImprint: Springer,
_c2014.
300 _aXVIII, 228 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
505 0 _aPart I Introduction: Contentious issues regarding what constitutes torture -- Part II Re-examining ICC cases involving the torture of children where torture was improperly not charged: The UN designated six most grave crimes against children as torture -- Part III A consideration of ICC cases in which torture was charged: Disregarding children as the particularized targets of torture in cases where torture was charged -- Part IV Conclusion: The de-politicization/denigration of children due to the disregard of children as the particularized targets of torture.
520 _aThis 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.
650 0 _alaw.
_9303702
650 0 _aCriminology.
_9296083
650 1 4 _aLaw.
_9303702
650 2 4 _aInternational Criminal Law.
_9447436
650 2 4 _ahuman rights.
_9295908
650 2 4 _aInternational Humanitarian Law, Law of Armed Conflict.
_9452828
650 2 4 _aCriminology & Criminal Justice.
_9301323
710 2 _aSpringerLink (Online service)
_9143950
773 0 _tSpringer eBooks
856 4 0 _uhttp://dx.doi.org/10.1007/978-3-642-40689-8
912 _aZDB-2-SHU
999 _c402731