Protecting Children in Armed Conflict

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 601
• Category: Library

✦ Synopsis

In armed conflicts around the world, children are being killed, raped, abducted and recruited to fight at a shocking scale. In light of this continuing general failure to protect children in conflict, it is questionable whether existing international law norms and institutions provide sufficient protection and accountability. Consideration needs to be given to whether international law can do more – practically and effectively – when moral lines are crossed.
That is the purpose of this book. It reviews the position of children in armed conflict by reference to the ‘six grave violations’ as identified by the UN Security Council. It analyses the protection offered by international humanitarian law, international criminal law and international human rights law, and also assesses the related adjudicative accountability mechanisms. The analysis concludes with a number of recommendations and proposals for reform, with a view to enhancing accountability and deterring future violations.
The book has been written by a team of lawyers, headed by Shaheed Fatima QC, and has drawn on the input of an expert advisory panel comprising leading academics, policy-makers and activists. It has been written as part of the Inquiry on Protecting Children in Conflict. The Inquiry has been sponsored by Save the Children and Theirworld and chaired by former UK Prime Minister, Gordon Brown.

✦ Table of Contents

Foreword
Preface and Acknowledgements
Brief Contents
Table of Contents
Table of Cases
Table of Treaties
Table of Other International Materials
1. General Introduction
I. Introduction
II. The Machel Report: Overview
III. Time to Re-Assess the Protection of Children
IV. Children in Armed Conflict: 1923–1996
V. The Impact of Armed Conflict on Children: The 1996 Machel Report
VI. Following in Machel’s Footsteps: Developments Since 1996
VII. The Six Issues Considered in this Book
VIII. Conclusion and Summary
2. Legal Sources, Structure and Accountability Mechanisms
I. Introduction
II. Relevant Sources of International Law
III. General Problems with the International Law Framework
IV. Accountability Mechanisms
V. General Problems with Accountability Mechanisms
VI. Conclusion and Summary
3. Killing and Ill-Treatment of Children
I. Introduction
II. Legal Framework
III. Accountability Mechanisms
IV. Conclusion and Summary
4. Recruitment and Use of Children
I. Introduction
II. Legal Framework
III. Accountability Mechanisms
IV. Conclusion and Summary
5. Sexual Violence
I. Introduction
II. Legal Framework
III. Accountability Mechanisms
IV. Conclusion and Summary
6. Child Abduction
I. Introduction
II. Legal Framework
III. Accountability Mechanisms
IV. Conclusion and Summary
7. Attacks Against Hospitals and Schools
I. Introduction
II. General Rules Relevant to Attacks Against Hospitals and Schools
III. Attacks Against Hospitals
IV. Attacks Against Schools
V. Conclusion and Summary
8. Denial of Humanitarian Access and Assistance
I. Introduction
II. Setting the Scene
III. Legal Framework
IV. Accountability Mechanisms
V. Conclusion and Summary
9. Conclusion
I. Introduction
II. Specific Suggestions
III. General Suggestion: A New Legal Instrument
IV. Accountability
V. Conclusion and Summary
Annex I. Unofficial Translation of the 1939 Draft Convention
Annex II. Unofficial Translation of the 1946 Draft Convention
Annex III. List of International and Non-Governmental Organisations
Index