0
Your cart

Your cart is empty

Browse All departments
  • All departments
Price
Status
Brand

Showing 1 - 21 of 21 matches in All departments

The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human... The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human Dignity (Hardcover, 2014 ed.)
Sonja C Grover
R3,253 R2,652 Discovery Miles 26 520 Save R601 (18%) Ships in 10 - 15 working days

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Prosecuting International Crimes and Human Rights Abuses Committed Against Children - Leading International Court Cases... Prosecuting International Crimes and Human Rights Abuses Committed Against Children - Leading International Court Cases (Hardcover, Edition.)
Sonja C Grover
R5,702 Discovery Miles 57 020 Ships in 10 - 15 working days

This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children's human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts' addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.

Child Refugee Asylum as a Basic Human Right - Selected Case Law on State Resistance (Hardcover, 1st ed. 2018): Sonja C Grover Child Refugee Asylum as a Basic Human Right - Selected Case Law on State Resistance (Hardcover, 1st ed. 2018)
Sonja C Grover
R3,320 R2,996 Discovery Miles 29 960 Save R324 (10%) Ships in 10 - 15 working days

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Children Defending their Human Rights Under the CRC Communications Procedure - On Strengthening the Convention on the Rights of... Children Defending their Human Rights Under the CRC Communications Procedure - On Strengthening the Convention on the Rights of the Child Complaints Mechanism (Hardcover, 2015 ed.)
Sonja C Grover
R3,222 R2,632 Discovery Miles 26 320 Save R590 (18%) Ships in 10 - 15 working days

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children's Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children's fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

Child Soldier Victims of Genocidal Forcible Transfer - Exonerating Child Soldiers Charged With Grave Conflict-related... Child Soldier Victims of Genocidal Forcible Transfer - Exonerating Child Soldiers Charged With Grave Conflict-related International Crimes (Hardcover, 2012)
Sonja C Grover
R3,485 R2,840 Discovery Miles 28 400 Save R645 (19%) Ships in 10 - 15 working days

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

Young People's Human Rights and the Politics of Voting Age (Hardcover, 2011 ed.): Sonja C Grover Young People's Human Rights and the Politics of Voting Age (Hardcover, 2011 ed.)
Sonja C Grover
R4,071 R3,572 Discovery Miles 35 720 Save R499 (12%) Ships in 10 - 15 working days

Young People's Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements and the legislative bar against youth voting in North America and in Commonwealth countries (where 'youth' is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one's life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children's human rights, political psychology, political science, sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children's human rights issues.

Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law... Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law (Hardcover, 2011 ed.)
Sonja C Grover
R3,747 R3,047 Discovery Miles 30 470 Save R700 (19%) Ships in 10 - 15 working days

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

The European Court of Human Rights as a Pathway to Impunity for International Crimes (Hardcover, 2010 Ed.): Sonja C Grover The European Court of Human Rights as a Pathway to Impunity for International Crimes (Hardcover, 2010 Ed.)
Sonja C Grover
R3,803 R3,104 Discovery Miles 31 040 Save R699 (18%) Ships in 10 - 15 working days

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this "inevitable element of judicial interpretation" has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Child Refugee Asylum as a Basic Human Right - Selected Case Law on State Resistance (Paperback, Softcover reprint of the... Child Refugee Asylum as a Basic Human Right - Selected Case Law on State Resistance (Paperback, Softcover reprint of the original 1st ed. 2018)
Sonja C Grover
R2,668 Discovery Miles 26 680 Ships in 7 - 11 working days

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Judicial Activism and the Democratic Rule of Law - Selected Case Studies (Hardcover, 1st ed. 2020): Sonja C Grover Judicial Activism and the Democratic Rule of Law - Selected Case Studies (Hardcover, 1st ed. 2020)
Sonja C Grover
R3,394 Discovery Miles 33 940 Ships in 7 - 11 working days

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being 'judicial overreach'. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Prosecuting International Crimes and Human Rights Abuses Committed Against Children - Leading International Court Cases... Prosecuting International Crimes and Human Rights Abuses Committed Against Children - Leading International Court Cases (Paperback, Softcover reprint of the original 1st ed. 2010)
Sonja C Grover
R7,272 Discovery Miles 72 720 Ships in 7 - 11 working days

This casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children's human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts' addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.

Children Defending their Human Rights Under the CRC Communications Procedure - On Strengthening the Convention on the Rights of... Children Defending their Human Rights Under the CRC Communications Procedure - On Strengthening the Convention on the Rights of the Child Complaints Mechanism (Paperback, Softcover reprint of the original 1st ed. 2015)
Sonja C Grover
R4,037 Discovery Miles 40 370 Ships in 7 - 11 working days

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children's Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children's fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human... The Torture of Children During Armed Conflicts - The ICC's Failure to Prosecute and the Negation of Children's Human Dignity (Paperback, Softcover reprint of the original 1st ed. 2014)
Sonja C Grover
R3,351 Discovery Miles 33 510 Ships in 7 - 11 working days

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Humanity's Children - ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children (Paperback,... Humanity's Children - ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children (Paperback, 2013 ed.)
Sonja C Grover
R5,222 Discovery Miles 52 220 Ships in 7 - 11 working days

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.

Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law... Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law (Paperback, 2011 ed.)
Sonja C Grover
R4,089 Discovery Miles 40 890 Ships in 7 - 11 working days

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

Child Soldier Victims of Genocidal Forcible Transfer - Exonerating Child Soldiers Charged With Grave Conflict-related... Child Soldier Victims of Genocidal Forcible Transfer - Exonerating Child Soldiers Charged With Grave Conflict-related International Crimes (Paperback, 2012 ed.)
Sonja C Grover
R3,620 Discovery Miles 36 200 Ships in 7 - 11 working days

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

Humanity's Children - ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children (Hardcover,... Humanity's Children - ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children (Hardcover, 2013 ed.)
Sonja C Grover
R5,330 Discovery Miles 53 300 Ships in 7 - 11 working days

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 hasjurisdiction 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.

Young People's Human Rights and the Politics of Voting Age (Paperback, 2011 ed.): Sonja C Grover Young People's Human Rights and the Politics of Voting Age (Paperback, 2011 ed.)
Sonja C Grover
R4,324 Discovery Miles 43 240 Ships in 7 - 11 working days

Young People s Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements and the legislative bar against youth voting in North America and in Commonwealth countries (where youth is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one s life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children s human rights, political psychology, political science, sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children s human rights issues."

Cognitive Basis of the Intellect - Response to Jensen's "Bias in Mental Testing" (Paperback): Sonja C Grover Cognitive Basis of the Intellect - Response to Jensen's "Bias in Mental Testing" (Paperback)
Sonja C Grover
R411 Discovery Miles 4 110 Out of stock
Cognitive Basis of the Intellect - Response to Jensen's "Bias in Mental Testing" (Hardcover): Sonja C Grover Cognitive Basis of the Intellect - Response to Jensen's "Bias in Mental Testing" (Hardcover)
Sonja C Grover
R976 Discovery Miles 9 760 Out of stock
The European Court of Human Rights as a Pathway to Impunity for International Crimes (Paperback, 2010 ed.): Sonja C Grover The European Court of Human Rights as a Pathway to Impunity for International Crimes (Paperback, 2010 ed.)
Sonja C Grover
R4,093 Discovery Miles 40 930 Out of stock

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court's role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this "inevitable element of judicial interpretation" has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
Magbuddy Headrest Mount
R429 Discovery Miles 4 290
Dunlop Australian Open Tennis Balls (3…
R120 R99 Discovery Miles 990
Milex 7L Air Cooler with Remote Control
 (3)
R2,299 R1,899 Discovery Miles 18 990
Dreambaby Nail Clippers with Holder
R60 R50 Discovery Miles 500
Maped Greenlogic PVC Free Erasers (Pack…
R40 R25 Discovery Miles 250
Jay & Silent Bob Reboot
Jason Mewes, Kevin Smith, … DVD R159 R49 Discovery Miles 490
Anxious Joburg - The Inner Lives Of A…
Nicky Falkof, Cobus van Staden Paperback R420 R329 Discovery Miles 3 290
FIFA 21
 (1)
R1,299 R1,189 Discovery Miles 11 890
Xiaomi Mi TV Stick - Portable Streaming…
 (8)
R899 R699 Discovery Miles 6 990
Origins
Imagine Dragons CD R397 R246 Discovery Miles 2 460

 

Partners