Twentieth Century Forcible Child Transfers


Book Description

The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.




The Routledge International Handbook of Child and Adolescent Grief in Contemporary Contexts


Book Description

This volume presents the leading research in child and adolescent grief from a diverse and global perspective, focusing on the systemic, political, and cultural processes that have a direct bearing on the way youth experience loss and grief. Carrie Traher and Lauren J. Breen bring together a global community of academics, practitioners, and social activists to discuss and address the complexity of lived experiences of grief for young people today. Presented in four parts, the contributors begin by providing a theoretical overview of youth, grief, and bereavement, before moving onto other important topics, such as suicide bereavement, the trauma of war, digital grief narratives, child soldiering, and more. Within each chapter, authors address contemporary theoretical frameworks, research findings, and praxis related to both death and non-death losses, such as the Black Lives Matter movement, environmental grief, and grief on the internet and social media. Including contributors from a range of countries and from various disciplines, such as educators, health care professionals, policy makers, and advocates, the themes of coping, resilience, and growth are central and interwoven in each chapter. This handbook is essential for researchers, clinicians, scholars, educators, parents, and activists as to the most pressing societal and global issues that affect youth grief today and to provide context to their personal and professional interactions with youth. Chapter 9 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.




Humanity’s Children


Book Description

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.




Encyclopedia of the World's Minorities


Book Description

This study of minorities involves the difficult issues of rights, justice, equality, dignity, identity, autonomy, political liberties, and cultural freedoms. The A-Z Encyclopedia presents the facts, arguments, and areas of contention in over 560 entries in a clear, objective manner. For a full list of entries, contributors, and more, visit the Encyclopedia of the World's Minorities website.




Plight and Fate of Children During and Following Genocide


Book Description

Plight and Fate of Children During and Following Genocide examines why and how children were mistreated during genocides in the twentieth and twenty-first centuries. Among the cases examined are the Australian Aboriginals, the Armenian genocide, the Holocaust, the Mayans in Guatemala, the 1994 Rwanda genocide, and the genocide in Darfur. Two additional chapters examine the issues of sexual and gender-based violence against children and the phenomenon of child soldiers. Following an introduction by Samuel Totten, the essays include: "Australia's Aboriginal Children"; "Hell is for Children"; "Children: The Most Vulnerable Victims of the Armenian Genocide"; "Children and the Holocaust"; "The Fate of Mentally and Physically Disabled Children in Nazi Germany"; "The Plight and Fate of Children vis-a-vis the Guatemalan Genocide"; "The Plight of Children During and Following the 1994 Rwandan Genocide"; "Darfur Genocide"; "Sexual and Gender-Based Violence against Children during Genocide"; and, "Child Soldiers." Contributors include: Colin Tatz, Henry C. Theriault, Asya Darbinyan, Rubina Peroomian, Jeffrey Blutinger, Amanda Grzyb, Elisa von Joeden-Forgey, Sara Demir, Hannibal Travis, and Samuel Totten. The editor and several of the contributors have personally investigated and witnessed the aftermath of genocidal campaigns.




Criminalizing Children


Book Description

Incarceration of children is rising rapidly throughout of Australia, with indigenous children most at risk of imprisonment. Indigenous and non-indigenous children have been subject to detention in both welfare and justice systems in Australian states and territories since colonization. Countless governments and human rights enquiries have attempted to address the problem of the increasing criminalization of children, with little success. David McCallum traces the history of 'problem children' over several decades, demonstrating that the categories of neglected and offending children are both linked to similar kinds of governing. Institutions and encampments have historically played a significant role in contributing to the social problems of today. This book also takes a theoretical perspective, tracking parallel developments within the human sciences of childhood and theories of race. Applying a social theoretical analysis of these events and the changing rationalities of governing, McCallum challenges our assumptions about how law and governance of children leads to their criminalization and incarceration.




The Uprooted


Book Description

For over a century French officials in Indochina systematically uprooted métis children—those born of Southeast Asian mothers and white, African, or Indian fathers—from their homes. In many cases, and for a wide range of reasons—death, divorce, the end of a romance, a return to France, or because the birth was the result of rape—the father had left the child in the mother's care. Although the program succeeded in rescuing homeless children from life on the streets, for those in their mothers' care it was disastrous. Citing an 1889 French law and claiming that raising children in the Southeast Asian cultural milieu was tantamount to abandonment, colonial officials sought permanent, "protective" custody of the children, placing them in state-run orphanages or educational institutions to be transformed into "little Frenchmen." The Uprooted offers an in-depth investigation of the colony's child-removal program: the motivations behind it, reception of it, and resistance to it. Métis children, Eurasians in particular, were seen as a threat on multiple fronts—colonial security, white French dominance, and the colonial gender order. Officials feared that abandoned métis might become paupers or prostitutes, thereby undermining white prestige. Métis were considered particularly vulnerable to the lure of anticolonialist movements—their ambiguous racial identity and outsider status, it was thought, might lead them to rebellion. Métischildren who could pass for white also played a key role in French plans to augment their own declining numbers and reproduce the French race, nation, and, after World War II, empire. French child welfare organizations continued to work in Vietnam well beyond independence, until 1975. The story of the métis children they sought to help highlights the importance—and vulnerability—of indigenous mothers and children to the colonial project. Part of a larger historical trend, the Indochina case shows striking parallels to that of Australia's "Stolen Generation" and the Indian and First Nations boarding schools in the United States and Canada. This poignant and little known story will be of interest to scholars of French and Southeast Asian studies, colonialism, gender studies, and the historiography of the family.




The Cambridge World History of Genocide


Book Description

Volume II documents and analyses genocide and extermination throughout the early modern and modern eras. It tracks their global expansion as European and Asian imperialisms, and Euroamerican settler colonialism, spread across the globe before the Great War, forging new frontiers and impacting Indigenous communities in Europe, Asia, North America, Africa, and Australia. Twenty-five historians with expertise on specific regions explore examples on five continents, providing comparisons of nine cases of conventional imperialism with nineteen of settler colonialism, and offering a substantial basis for assessing the various factors leading to genocide. This volume also considers cases where genocide did not occur, permitting a global consideration of the role of imperialism and settler-Indigenous relations from the sixteenth to the early twentieth centuries. It ends with six pre-1918 cases from Australia, China, the Middle East, Africa, and Europe that can be seen as 'premonitions' of the major twentieth-century genocides in Europe and Asia.




Revisiting the Geneva Conventions: 1949-2019


Book Description

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL. This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict. Contents: Notes on editors; Notes on contributors; List of acronyms and abbreviations; Preface; Foreword; International Legal Protection of Persons Affected by War: Challenges and the Way Forward, Md Jahid Hossain Bhuiyan and Borhan Uddin Khan 1 The Development of the Geneva Conventions, Borhan Uddin Khan and Nazmuzzaman Bhuian 2 The Legal Status and Protection of the Rights of Prisoners of War, Md Jahid Hossain Bhuiyan 3 The Prohibition of Deportation and Forcible Transfer of Civilian Populations in the Fourth Geneva Convention and Beyond, Etienne Henry 4 Combatants Aboard Medical Aircraft Who Fall into the Hands of a Neutral Power – the Scope of Their Liability to Detention Under the 1949 Geneva Conventions and the 1977 Additional Protocol I, Yutaka Arai-Takahashi 5 Forced Transfer of Aliens during Armed Conflicts, Pablo Antonio Fernández Sánchez 6 The Geneva Conventions and Non-International Armed Conflicts, Noelle Higgins 7 Four Geneva Conventions of 1949: A Third World View, Srinivas Burra 8 Criminalising Rape and Sexual Violence in Armed Conflicts: Evolving Criminality and Culpability from the Geneva Conventions to the Bangladesh International Crimes Trial, M Rafiqul Islam 9 Principles of Distinction, Proportionality and Precautions under the Geneva Conventions: The Perspective of Islamic Law, Mohd Hisham Mohd Kamal 10 Implementation of International Humanitarian Law and the Current Challenges, Borhan Uddin Khan and Nakib Muhammad Nasrullah 11 The Geneva Conventions and Enforcement of International Humanitarian Law, Derek Jinks Index.




Human Dignity in International Law


Book Description

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.