‘Paper protection’ mechanisms: child soldiers and the international protection of children in Africa's conflict zones

2007 ◽  
Vol 45 (2) ◽  
pp. 207-231 ◽  
Author(s):  
David J. Francis
Keyword(s):  
Sierra Leone ◽  
Charles Taylor ◽  
Child Soldiers ◽  
International Community ◽  
Criminal Court ◽  
International Treaties ◽  
Conflict Zones ◽  
Post Conflict ◽  
Conflict Situations ◽  
International Conventions

The arrest and prosecution in March 2006 of the former Liberian warlord-President Charles Taylor by the UN-backed Special Court for Sierra Leone, for war crimes including the recruitment and use of child soldiers, and the arrest and prosecution of the Congolese warlord, Thomas Lubanga Dyilo, by the International Criminal Court, accused of enlisting child soldiers in the DRC war, have raised expectations that finally international conventions and customary international laws protecting children in conflict zones will now have enforcement powers. But why has it taken so long to protect children in conflict situations despite the volume of international treaties and conventions? What do we know about the phenomenon of child soldiering, and why are children still routinely recruited and used in Africa's bloody wars? This article argues that against the background of unfolding events relating to prosecution for enlistment of child soldiers, the international community is beginning to wake up to the challenge of enforcing its numerous ‘paper protection’ instruments for the protection of children. However, a range of challenges still pose serious threats to the implementation and enforcement of the international conventions protecting children. Extensive research fieldwork in Liberia and Sierra Leone over three years reveals that the application of the restrictive and Western-centric definition and construction of a ‘child’ and ‘childhood’ raises inherent difficulties in the African context. In addition, most war-torn and post-conflict African societies are faced with the challenge of incorporating international customary laws into their domestic laws. The failure of the international community to enforce its standards on child soldiers also has to do with the politics of ratification of international treaties, in particular the fear by African governments of setting dangerous precedents, since they are also culpable of recruitment and use of child soldiers.

scholarly journals Ending Impunity: The Case for War Crimes Trials in Liberia

2005 ◽  
Vol 1 (2) ◽  
pp. 53-80 ◽  
Author(s):  
Alhagi Marong ◽  
Chernor Jalloh
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Charles Taylor ◽  
Criminal Court ◽  
Human Rights Law ◽  
Sierra Leonean ◽  
Post Conflict

AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.

Agency, autonomy and compliance in (post-)conflict situations: perspectives from Jammu and Kashmir, Cyprus and Bosnia-Herzegovina

2016 ◽  
Author(s):  
Elena B. Stavrevska ◽  
Sumona DasGupta ◽  
Birte Vogel ◽  
Navnita Chadha Behera
Keyword(s):  
Civil Society ◽  
Constitutional Rights ◽  
Ethnic Segregation ◽  
Power Politics ◽  
Jammu And Kashmir ◽  
Conflict Zones ◽  
Peace Accord ◽  
Post Conflict ◽  
Conflict Situations ◽  
Everyday Resistance

Chapter 4 looks into ways in which agency is exercised within civil society with particular focus on manifestations of compliance and resistance. The authors claim that despite the power imbalances, the agency still manages to find its way in both active and post-conflict zones. They identify different ways in which this agency is manifested in the three settings that they discuss: Jammu and Kashmir, Cyprus and Bosnia-Herzegovina. In Jammu and Kashmir they give examples of youth protesting against the police, and parents’ associations which use constitutional rights to introduce the change. In Cyprus, they discuss non-compliance to the EU trade regulations which were meant to foster interdependence on a divided island. In case of Bosnia, they examine acts of everyday resistance to ethnic segregation which was imposed by the peace accord. The authors stress the important role that power politics play in such settings and conclude that it is necessary to analyze how power is shaped and perceived through interactions of various actors in the setting.

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Related rights in uncommon places: the right of performers during spiritual traditional festivals in contemporary Nigeria

2020 ◽  
Vol 10 (1) ◽  
pp. 128-139
Author(s):  
Ayoyemi Lawal-Arowolo ◽  
Dorcas A Odunaike
Keyword(s):  
Twentieth Century ◽  
International Community ◽  
The Internet ◽  
International Treaties ◽  
The World ◽  
The Right ◽  
Social Components ◽  
International Conventions

The birth and development of performers' rights was initially witnessed in the twentieth century. Domestic laws and international conventions were drafted and implemented in various countries and the international community. Nigeria has followed a similar trend in the development of performers' rights by providing provisions protecting these rights. Equally, Nigeria has signed and ratified international treaties providing for the protection of performers' rights. However, there are issues relating to performers' rights that have not been given consideration. A broader system of protecting traditional performances with spiritual and social components is required. Purely spiritual festivals such as the Oro festival is guided by custom which must not be disregarded as a means of protection. Only worshippers or devotees are allowed to be a part of the festival. Strangers and women are forbidden to see the procession and when or if they do, the consequences are grave. Conversely, the Eyo, Atilogwu, Tengra and Osun Oshogbo festivals are spiritual festivals with social components that are not rigidly protected by custom, neither are the performances considered for protection in related rights in Nigeria. Such performances are littered on the internet by those who attend the festivals from various parts of the world. While the extent to which performers are protected in the Copyright Act of Nigeria should be commended, more should be done.

The International Criminal Court: A Pipe Dream to End Impunity?

2013 ◽  
Vol 13 (1) ◽  
pp. 191-209 ◽  
Author(s):  
Dawn L. Rothe ◽  
Victoria E. Collins
Keyword(s):  
International Criminal Court ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Case Examples ◽  
Post Conflict ◽  
Conflict Situations ◽  
Pipe Dream ◽  
Insight Into

The prospects of the emerging international criminal justice system, namely the International Criminal Court, serving as a catalyst to end impunity of those most responsible for crimes against humanity, war crimes, genocide, and massive violations of human rights, remains bleak given four underlying factors: the ideology of deterrence that undergirds the system, jurisdictional limitations, the backlash of its involvement in and issuance of arrest warrants during highly contentious conflicts. This article offers some insight into these issues and the obstacles they present to the success of the International Criminal Court in ending impunity and future cases of such criminality. We begin by discussing the International Criminal Court followed by the ideology of deterrence and issues associated with the Court’s jurisdiction. We then draw on two case examples, namely Uganda and Columbia, to discuss the challenges to involvement in ongoing conflicts and post-conflict situations.

scholarly journals Explosive Remnants of War: A War after the War?

2013 ◽  
Vol 2 (2) ◽  
pp. 1-26
Author(s):  
Aditya Pratap Singh ◽  
Siddharth Mishra
Keyword(s):  
At Risk ◽  
International Community ◽  
The State ◽  
Long Term Effects ◽  
Post Conflict ◽  
Conflict Situations ◽  
Cluster Munitions ◽  
Conventional Weapons ◽  
Explosive Remnants Of War

Explosive Remnants of War (ERW) pose significant humanitarian problems to the civilians as well as to the governments in post conflict situations. People continue to be at risk even after the war due to the presence of ERW. The issue of ERW has in fact shifted the focus of the international community from the immediate impacts of the weapons to their long term effects. In response to this, states concluded a landmark agreement, Protocol V to the UN Convention on Certain Conventional Weapons in 2003 (CCW). This Protocol aims at providing a proper mechanism to deal with ERW threat. Meanwhile, with the beginning of the new century and the emergence of newly sophisticated weapons the debate over the ERW got shifted to one of the most menacing category of weapons called cluster munitions. Again, responding to the problem, the state parties adopted the Convention of Cluster Munitions 2003 which bans the use and development of these deadly weapons. Both these instruments suffer from certain inherent limitations. Despite these limitations they still serve as the last resort for the civilians as well as for the governments of the war torn communities in dealing with the catastrophic effects of ERW.

Coping with the trauma of war: Former child soldiers in post-conflict Sierra Leone

2010 ◽  
Vol 53 (6) ◽  
pp. 791-806 ◽  
Author(s):  
Myriam Denov
Keyword(s):  
Social Work ◽  
Sierra Leone ◽  
Armed Conflict ◽  
Sexual Exploitation ◽  
Child Soldiers ◽  
Armed Groups ◽  
After Effects ◽  
Post Conflict ◽  
Former Child Soldiers ◽  
Depth Interviews

Children across the globe have been implicated in armed conflict as both victims and participants. During Sierra Leone’s decade-long civil war, thousands of children, both boys and girls, participated directly in armed conflict or were recruited for labour or sexual exploitation in armed groups. Drawing upon in-depth interviews with 80 children formerly associated with Sierra Leone’s Revolutionary United Front, this paper explores children’s experiences of violence during the armed conflict, traces the realities that children faced in the aftermath of the war, and examines the ways in which participants attempted to cope with the war’s profound after-effects. The paper concludes with a discussion of the implications for social work.

The Power to Prosecute: the Special Court for Sierra Leone from a Defence Perspective

2006 ◽  
Vol 6 (3) ◽  
pp. 387-417
Author(s):  
Phoebe Knowles
Keyword(s):  
Sierra Leone ◽  
International Community ◽  
Protection Measures ◽  
Post Conflict ◽  
Key Policy ◽  
Conflict Process

AbstractThe Special Court for Sierra Leone (SCSL) is a unique attempt by the international community to respond to conflict via a hybrid, in situ tribunal. In the Court's creation and operation key policy, judicial and institutional decisions- innovative elements of the SCSL structure, have impacted adversely on the rights of the accused and the broader social and justice-oriented obligations towards Sierra Leone and the international community. This paper considers the Court's hybridity, and questions the resulting opportunity afforded for participation by Sierra Leone in the post-conflict process; the Court's in situ nature and witness protection measures that may act to unnecessarily restrict the accused's right to a fair and public trial; the Court's interpretation of its jurisdiction over "those bearing greatest responsibility"; the noveland perhaps premature inclusion of the crime of child combatants; and finally, institutional decisions over the Defence Office and the capacity for equality of arms.

scholarly journals How Can the International Community Best Respond to the Problem of Child Soldiers?

2018 ◽  
Vol 8 (1) ◽  
Author(s):  
MA. Astrit Lleshi
Keyword(s):  
Age Groups ◽  
Child Soldiers ◽  
International Community ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Vulnerable Group ◽  
The World ◽  
Violent Acts ◽  
Universal Definition ◽  
Definition Of

The child soldier phenomenon is not recent and has been manifested throughout centuries; as such the use of children in armed conflicts receives universal condemnation.Currently child soldiers of different age groups are forced to kill and commit other violent acts in many wars and other conflicts around the world; however it is impossible to know their exact numbers.In 1998 The Rome Statute of the International Criminal Court (ICC) has criminalized the use of children in armed conflicts, nevertheless to this day minors are being abused indiscriminately in many armed conflicts around the world. This article argues for the creation, use and application of a single universal definition of what constitutes child soldiering, recognition and protection of children as a vulnerable group in armed conflicts, as well as  attempts to put forward ideas how can international community best respond to the problem of the child soldiers.

The Decision of the Special Court for Sierra Leone to Conduct the Charles Taylor Trial in The Hague

2007 ◽  
Vol 6 (2) ◽  
pp. 303-316
Author(s):  
Giulia Bigi
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
Due Process ◽  
International Criminal ◽  
Charles Taylor ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Present Contribution ◽  
Sierra Leonean ◽  
The Government

AbstractOn 29 March 2006 former Liberian President Charles Taylor was surrendered to the Special Court for Sierra Leone, where he was charged of war crimes, crimes against humanity and other serious violations of international humanitarian law committed during the Sierra Leonean conflict since 1996. The same day, invoking concerns about stability and security in the West African sub-region if the trial were to be held in Freetown, the President of the Special Court submitted a request to the Government of the Netherlands and to the International Criminal Court to facilitate that the trial be conducted in e Hague. Accordingly, on 20 June 2006, Mr. Taylor was transferred to the premises of the International Criminal Court where the trial commenced almost one year later.The change of venue of the Taylor trial from Freetown to Europe has several implications, which the present contribution aims to discuss, given that the Special Court is the first international(ized) criminal tribunal faced with such a relocation. This paper firstly reviews the necessary procedural steps taken for the transfer; then, it focuses on the compatibility of this change in location with the spirit and purposes of the Statute of the Special Court; finally, it considers the matter in relation to the fundamental aspects of transparency and of the due process guarantees of the accused.

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