The Child in ICC Proceedings

This study examines the procedural implications of child participation in the proceedings before the International Criminal Court

Author(s):
Helen Beckmann-Hamzei
Series:
School of Human Rights Research Series
Volume:
70
book | published | 1st edition
September 2015 | xiv + 278 pp.

Paperback
€65.-


ISBN 9781780683393


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Details

International law and state practice mirrors the recognition of children’s particular need for protection during peacetime, but in situations in which international crimes are being committed the prosecution of international crimes committed against children before international courts and tribunals is also well embedded. While international prosecutions are thus in line with the overall development of protecting children from the consequences of armed conflict and large scale violence, the involvement of the child in international criminal proceedings also gives rise to new questions which relate to the procedural involvement of the child.

As child participation in the proceedings before the International Criminal Court (ICC) constitutes a matter of fact, one may raise the question whether such participation is a welcome development. This study examines the procedural implications of child participation and thereby intends to contribute legal views and perspectives to the underlying debate on the adequacy of child participation in ICC proceedings. The study concludes with ten recommendations that underline the call.


Chapters

Table of Contents (p. 0)

Introduction

Chapter 1. Introduction (p. 1)

Part I. The Child in International Criminal Proceedings

Chapter 2. The Child Witness (p. 29)

Chapter 3. The Child Victim (p. 79)

Chapter 4. The Child Perpetrator and the Child of a(n) (alleged) Perpetrator (p. 137)

Part II. The Child in International Reparation Practice

Chapter 5. The Child Claimant (p. 149)

Part III. Concluding and Comparative Evaluation

Chapter 6. Evaluation and Future Perspectives (p. 201)

Summary (p. 223)

Samenvatting (p. 229)

Selected Bibliography (p. 235)

Overview of Legislation (p. 275)

Overview of Cases (p. 279)

Curriculum Vitae (p. 291)

About the series:

School of Human Rights Research Series

The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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