Child Soldiers and Restorative Justice


Book Description

This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.




Restoring Justice after Large-scale Violent Conflicts


Book Description

This book provides a comparative analysis of the potential of restorative justice approaches to dealing with mass victimization in the context of large-scale violent conflicts focusing on case studies from Kosovo, Israel-Palestine and Congo, incorporating contributions from leading authorities in these areas. One of the main objectives of the book is to examine if, how and to what extent restorative justice is applicable in various different cultural, social and historical contexts, and what common themes can be identified within the different regions under analysis. The book will also provide a critical analysis of the UN Basic Principles on the use of restorative justice programmes in criminal matters as applied to the context of large scale violence.




Child Soldiers as Agents of War and Peace


Book Description

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.







Child Soldiers and Transitional Justice


Book Description

In a political climate that holds limited promise for addressing the issue of child recruitment, Child Soldiers and Transitional Justice: Protecting the Rights of Children Involved in Armed Conflicts challenges the trend towards a narrow focus on recruitment and use of the child, and seeks to contribute to more effective prevention and responses that offer the child a chance of recovery, reconciliation and reintegration. This book adapts existing theoretical frameworks of transitional justice in order to analyse child recruitment, with a view to demonstrating how a society can address the issue in a holistic way. It systematises relevant knowledge across a wide range of legal fields to allow for greater understanding of the law and principles, and a more informed basis for practical engagement with transitional justice mechanisms. Delving deep into the travaux preparatoires of each of the fundamental legal instruments, the author analyses their evolution, spanning humanitarian law, human rights law, criminal law, and other aspects of public law, including peace agreements and action plans developed with armed groups and forces. He provides a particular focus on and in-depth analysis of the Lubanga case, and its implications for other components of transitional justice. The findings highlight arguments for placing child recruitment firmly on the transitional justice agenda. By considering child recruitment against a transitional justice framework, the book allows a detailed understanding of the distinct but complementary components - rule of law, criminal justice, historical justice, reparatory justice, institutional justice, and participatory justice - and reveals the untapped potential in interactions between different areas of transitional justice. About the author Bo Viktor Nylund is a protection and legal practitioner who has focused on state and non-state actor responsibility and accountability throughout his career. Bo Viktor has Masters degrees in law and political science from Columbia University Law School and Abo Akademi University and a PhD in international law from the Geneva Graduate Institute for International Studies. He has served UNHCR, UNICEF and OHCHR and is currently UNICEF's Representative in Burundi. (Series: Transitional Justice, Vol. 20) Subject: Human Rights Law, Criminal Law, Public Law, International Law]




Women, Peace and Security


Book Description

The adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. Women, Peace and Security: Repositioning gender in peace agreements discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.This book is timely, offering a valuable contribution to the literature on gender in armed conflicts, peace agreements, peace mediation, and transitional justice and is essential reading for practitioners and scholars working in this field. The study adopts an interdisciplinary approach to raise key theoretical and practical questions often overlooked by scholars working within the strict boundaries of the distinct disciplines. The book introduces a new dataset on peace agreements that provides important comprehensive evidence on the extent to which resolution 1325 and other subsequent resolutions on women, peace and security have impacted on peace agreements. Through the reflections of elite peacemakers, the book provides additional insights into the practice of peacemaking and the challenges of implementing the UN resolutions on women, peace and security on the ground.The findings of this book have important policy implications for governments, international organisations and NGOs who must refocus their efforts on bridging the gap between the theory and practice of gender sensitive peacemaking.




Trauma Rehabilitation After War and Conflict


Book Description

"As foreign assistance flows into post-conflict regions to rebuild economies, roads, and schools, it is important that development professionals retain a focus on the purely human element of rebuilding lives and societies. This book provides perspective on just how to begin that process so that the trauma people suffered is not passed on to future generations long after the violence has stopped." - Amy T. Wilson, Ph.D., Gallaudet University, Washington, DC "This ground-breaking text provides the reader with an excellent and comprehensive overview of the existing field of trauma rehabilitation. It also masterfully navigates the intricate relationships among theory, research, and practice leaving the reader with immense appreciation for its subject matter." - Hanoch Livneh, Hanoch Livneh, Ph.D., LPC, CRC, Portland State University Fear, terror, helplessness, rage: for soldier and civilian alike, the psychological costs of war are staggering. And for those traumatized by chronic armed conflict, healing, recovery, and closure can seem like impossible goals. Demonstrating wide-ranging knowledge of the vulnerabilities and resilience of war survivors, the collaborators on Trauma Rehabilitation after War and Conflict analyze successful rehabilitative processes and intervention programs in conflict-affected areas of the world. Its dual focus on individual and community healing builds on the concept of the protective "trauma membrane," a component crucial to coping and healing, to humanitarian efforts (though one which is often passed over in favor of rebuilding infrastructure), and to promoting and sustaining peace. The book’s multiple perspectives—including public health, community-based systems, and trauma-focused approaches—reflect the complex psychological, social, and emotional stresses faced by survivors, to provide authoritative information on salient topics such as: Psychological rehabilitation of U.S. veterans, non-Western ex-combatants, and civilians Forgiveness and social reconciliation after armed conflict Psychosocial adjustment in the post-war setting Helping individuals heal from war-related rape The psychological impact on prisoners of war Rehabilitating the child soldier Rehabilitation after War and Conflict lucidly sets out the terms for the next stage of humanitarian work, making it essential reading for researchers and professionals in psychology, social work, rehabilitation, counseling, and public health.




Sexual Violence in Armed Conflict


Book Description

"In it's first part, the Global Overview, the report profiles documented conflict-related sexual violence in 51 countries - in Africa, the Americas, Asia, Europe and the Middle East - that have experienced armed conflict over the past twenty years. The second part of the report, entitled Implications for the Security Sector, explores strategies for security and justice actors to prevent and respond to sexual violence in armed conflict and post-conflict situations"--P. 4 of cover.




Protection


Book Description

This guide gives essential advice and insights to humanitarian practitioners who are involved in providing safety and protecting vulnerable people in war and disaster. It provides a framework for responsibility and action, which helps clarify conceptual issues and helps humanitarian field workers position themselves vis--vis other actors who have overlapping mandates. A practical schema is also presented that gives practical advice on how to think through the various elements of protection focused programming in four clear steps: assessment; program design; implementation; and monitoring and evaluation. The guide also outlines key principles of best practice for protection-focused humanitarian work.