Humanity’s Children

ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children

  • Sonja C. Grover

Table of contents

  1. Front Matter
    Pages i-xii
  2. Introduction

  3. ICC Prosecutor Case Selection and Charging Decisions

    1. Front Matter
      Pages 51-51
  4. Selected ICC Cases Illustrating the Failure to Address the Genocidal Forcible Transfer of Children

  5. Conclusion

  6. Back Matter
    Pages 317-324

About this book

Introduction

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.

Keywords

Children's human rights Children's rights advocay Genocidal forcible transfer of children International Criminal Court International criminal law

Authors and affiliations

  • Sonja C. Grover
    • 1
  1. 1.Faculty of EducationLakehead UniversityThunder BayCanada

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-642-32501-4
  • Copyright Information Springer-Verlag Berlin Heidelberg 2013
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-642-32500-7
  • Online ISBN 978-3-642-32501-4
  • About this book