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Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.

War's Children, Julie Niejadlik

Honors Theses

When one thinks of war, one does not often think of children. Images of Navy SEALS in camouflage tanks and the desert may come to mind when thinking of modern war. Those of Pearl Harbor, the Allied Forces, and Hitler may arise when thinking of war in a more historical sense. In the mind of the civilian children and the key role that they play in armed conflict rarely surfaces. In this thesis, I will address the function of children in war by arguing that their assumed innocence, as well as their assumed status as a "child" makes them easily …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

Lost Innocence And Learning To Hate, Steve Tedder

Mighty Pen Project Anthology & Archive

A grunt in Vietnam witnesses the cruelty of his enemy, aimed at the children he’s trying to help.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Children, Diane Marie Amann

Scholarly Works

This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …

Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin

Georgia Journal of International & Comparative Law

No abstract provided.

Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John A. Lynch Jr.

All Faculty Scholarship

As America viewed the first massive deployment of its all-volunteer force at the beginning of the first Persian Gulf War, one journalist commented:

When this war is over, Americans need to do some serious thinking about the all-volunteer armed forces, the one legacy of the Vietnam War with which the nation seemed comfortable. Among other things, we have to decide whether a single parent, and, in many cases, both parents, should be deployed in war zones.

Is the nation's reliance on an army of volunteers worth the emotional grief that comes from ripping military parents away from their children? Do …

Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray

Jeffery R Ray

This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I, of the analysis, will discuss three issues: First, the modern understanding of genocide and the substantive areas of law that govern it; Second, the definition of ‘child’ within the international arena as it relates to child soldering; Third, a discussion to determine if children can constitute a ‘group’ in the context of the law of genocide. Part II provides a discussion elaborating on Part I then analyzing …

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …

Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …

Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman

St. Mary's Law Journal

Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …

The Cancer Spreads: Atomic Veterans Powerless In The Aftermath Of Feres V. United States, Susan Cohen-Klein, Howard Berkower

Cardozo Law Review

No abstract provided.

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …