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International Law and Child Soldiers

International Law and Child Soldiers

Author: Gus Waschefort
Publisher: Hart Publishing
ISBN: 9781509913831

Published In: January 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465205

List Price: ¥7,878.34

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Description
Contents

Details

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement.

An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection.

Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested.

International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

Situating the Debate

Contemporary Child Soldiering: Distribution, Use and Causes

International Humanitarian Law and the Prevention of Child

Soldiering

International Human Rights Law and International

Humanitarian Law: An Integrated International Law Response to

the Prevention of Child Soldiering

International Criminal Responsibility and the Prosecution of

Individuals for the Enlistment, Conscription and Use of Child

Soldiers

International Institutional Law and the Prevention of Child

Soldiering