Reparations for Child Victims of Armed Conflict: State of the Field and Current Challenges

Author: Francesca Capone
Publisher: Intersentia Publishers
ISBN: 9781780684383
Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 824.60

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This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level.

The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of child victims’ redress.

Chapter 1. Setting the Scene

PART I. THE NORMATIVE AND THEORETICAL FRAMEWORK

Chapter 2. Children as Victims of Armed Conflict

Chapter 3. The Right to Reparation in International Law: Developments, Shortcomings and their Relevance to Child Victims of Armed Conflict

Chapter 4. Forms and Scope of Reparations for Child Victims of Armed Conflict

PART II. CURRENT APPLICATION OF THE PRINCIPLES AND NORMS

Chapter 5. Child Victims’ Right to Reparation in ‘Quasi-Judicial’ and Judicial International Settings

Chapter 6. Child Victims’ Right to Reparation in ‘Quasi-Judicial’ and Judicial Regional Settings

Chapter 7. Child Victims’ Right to Reparation in Non-Judicial Settings

Chapter 8. Final Remarks

Bibliography

Index