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Winner of the 2018 Ciardi Prize This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of child victims' redress. From the foreword by Professor Theo van Boven (Former UN Special Rapporteur on the Right to Reparation for Victims of Gross Violations of Human Rights and Professor Emeritus of International Law at the University of Maastricht): "A leading motive of this study carried out with precision and persuasion is the design of transitional justice processes in law and practice. In many situations the plight of victims and for that matter the plight of child victims in armed conflicts happens to be ignored as inopportune and inconvenient. While relevant international legal framework and applicable mechanisms are developing as part of the process of an assumed humanization of international law major complexities and shortcomings still abound." '[The book's] principal merit is precisely to fill a gap in existing literature by addressing the legal challenges posed by violations of children's rights in armed conflicts and by the dearth of adequate reparations mechanisms against a very broad ...

The first comprehensive and systematic analysis of the impact of armed conflict on children has been submitted to the UN General Assembly in 1996. The UN has since adopted and implemented a large number of initiatives and resolutions, making up the basis for the enhancement of monitoring and accountability of all parties responsible for violations perpetrated against children. The efforts to quantify and monitor violations against children committed not only by States, but also by Armed Non-State Actors, are an important milestone in the attempt to improve the protection of children. Nonetheless, the current UN architecture on children and armed conflict presents a number of shortcomings, in particular the lack of effective enforcement mechanisms, which hinder its capability to increase the achievement of more concrete results. After presenting an overview of the UN architecture on children and armed conflict, lingering on its constitutive elements as well as on its current weaknesses, this article will question if and to what extent the imposition of sanctions against individuals and entities can enhance the comprehensive strategy to thwart the harmful impact of armed conflict on children and the long lasting consequences it has on durable peace, security, and development. Furthermore, the present article will identify possible ways forward to improve the current framework, by discussing, inter alia, how the wealth of information gathered through the UN Monitoring and Reporting Mechanism could be used to feed into a more integrated information platform within the UN and also to strengthen accountability in international criminal tribunals.

Violence against women (vaw) represents a phenomenon that over the past decade has reached an unprecedented level in Italy. As a result this topic has been included amongst the key issues addressed by the Independent Evaluation Report on the occasion of the Italian osce Chairmanship 2018. Relying and building on the study conducted by this author in order to contribute to the Report, the present article provides an overview of the key findings of the research, discussing how and to what extent Italy's approach is in line with the osce commitments on vaw. This article aims at pointing out existing weaknesses and strengths of the Italian legal and policy framework as well as at identifying possible ways forward to bolster Italy's compliance with the osce commitments and the existing international and regional standards.

After more than four years of negotiations the Colombian Government and the FARC have reached a historical peace agreement, signed on 26 September 2016 and, in a shocking turn of events, ultimately rejected in an up-or-down referendum held on 2 October 2016. Only 41 days after the plebiscite the two parties have revised the original deal and submitted a new version to the Congress, which approved it on 30 November 2016. The deal, upon which relies the possibility to finally achieve a stable and lasting peace, covers several crucial issues, including what will happen to the FARC rebels once the armed conflict is officially over. The establishment of an effective DDR process is an essential step to ensure that FARC members will meaningfully transition into civilian life and it represents one of the most controversial aspects of the peace agreement. Moving from the assumption that DDR programmes are not stand alone mechanisms, but fall within a broader framework that covers a number of important and intimately entwined aspects, like the issue of accountability and the rights of victims, the present article, after looking at Colombia's past attempts to reintegrate former combatants, aims at discussing the DDR process envisaged in the current peace deal, highlighting its main strengths and shortcoming.

Terrorism constitutes one of the most serious threats to international peace and security. The newest challenge posed by this threat is represented by the phenomenon of "foreign terrorist fighters". Current estimates place the number of foreigners who have joined the ongoing armed conflicts in the Middle East between 20,000 and 30,000. How many of these foreign fighters also fall within the definition of foreign terrorist fighters (i.e. those travelling abroad with a "terrorist" intent) provided by UN Security Council Resolution 2178 (2014) is very difficult to assess. In primis because the resolution refers to "terrorists", "terrorist acts", and "terrorist training" without actually defining "terrorism" and thus leaving to each Member State the task to determine the breadth and the contours of this concept. Secondly because the text lacks legal certainty with regard to many other crucial aspects, e.g., the relationship between counter-terrorism and international humanitarian law, the interpretation of the term "State of residence", and the risk of abuse of refugee status. These shortcomings not only jeopardize the ability to implement a uniform approach, but they also increase the likelihood of fostering abusive responses. This article argues that Resolution 2178 has not been adopted in a legal vacuum, on the contrary it extensively builds on the anti-terrorism framework established by previous Security Council resolutions and thus it inherits and exacerbates many old and unresolved issues. Ultimately, the present article seeks to determine to what degree the new set of binding obligations placed upon Member States to thwart the phenomenon of foreign terrorist fighters is effective and it discusses the extent to which it could enhance or hinder counter-terrorism's compliance with international human rights law, international humanitarian law and international refugee law.

Some of the most heated events related to the 2017 Turkish referendum, which significantly amended the country's constitution, did not take place in Turkey but in several European countries where a large number of Turkish citizens reside. The tension escalated when the Netherlands barred a plane carrying the Turkish Minister for Foreign Affairs from landing on Dutch soil and then prevented the Turkish Family and Social Policies Minister from accessing the Turkish Consulate in Rotterdam. This triggered what has been described as an unprecedented diplomatic crisis between two NATO allies. Turkey vigorously claimed that the Netherlands' behaviour breached the law of diplomatic and consular relations. The Netherlands, in turn, defended its actions, stating that they did not amount to a violation of international law. The present article will first provide an overview of these events and introduce the claims that were made by each side. Secondly, this article will briefly analyse the relevant treaty provisions and customary rules to ascertain whether Foreign Ministers enjoy a special status while visiting a third country and whether consular premises can legitimately be used to carry out political activities, ultimately challenging Turkey's claims that the Netherlands violated international law.

In the aftermath of Giulio Regeni's death politicians and commentators have not been shy in blaming the University of Cambridge for not doing enough to protect a talented doctoral candidate who was conducting his research, which dealt with a very sensitive issue in an environment described as 'at risk' due to Egypt's political instability and poor record on human rights. Besides the shock and sadness that the murder or Mr Regeni has sparked worldwide, this episode has also triggered some difficult questions for academic institutions, concerned with striking a balance between the need to ensure the safety of their personnel and the academic freedom that shall guide the choices autonomously made by every researcher. The present contribution moves from the assumption that the duty of care (DoC) is finally gaining momentum and is attracting increasing attention in the public and private sectors. Nonetheless, the inquiry concerning Universities and academic institutions in general remains utterly underdeveloped and the primary scope of the present article is to contribute to filling this gap. After introducing the key issues at stake, this article will focus in particular on three aspects, i.e. i) the legal foundations of Universities' DoC; ii) the specific content of the DoC incumbent on academic institutions, paying special attention to the planning and risk assessment (i.e. which are the tools and methods envisaged to identify all the hazards associated with the work and then to assess the risks, universal, generic and specific, that these hazards present under the circumstances of the work?); and iii) the Universities' accountability (i.e. the nature and extent of criminal and civil liabilities between the institution and the fieldwork participant).

This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still 'learning by doing', the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue. The observations, recommendations and warnings included in this book will be useful in future debates on (returning) FFs, both in the academic world and in the world of policy makers and practitioners, as well as to the public at large. Francesca Capone is Associate Professor of International Law at the Istituto DIRPOLIS of the Scuola Superiore Sant'Anna in Pisa, Italy. Christophe Paulussen is Senior Researcher International Law at the T.M.C. Asser Instituut in The Hague, The Netherlands. Rebecca Mignot-Mahdavi is Lecturer in International Law at the Manchester International Law Centre, University of Manchester, School of Law in Manchester, United Kingdom. .

"This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still learning by doing, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue"--Publisher's description.

Intro -- Foreword -- Contents -- Abbreviations -- Editors and Contributors -- 1 Introduction -- Abstract -- Part I Foreign Fighters: A Multidisciplinary Overview of New Challenges for an Old Phenomenon -- 2 Foreign Fighters in the Syria and Iraq Conflict: Statistics and Characteristics of a Rapidly Growing Phenomenon -- Abstract -- 2.1 Introduction -- 2.2 Background and Definition -- 2.3 Numbers and Characteristics of Foreign Fighters in Syria and Iraq -- 2.3.1 Growing Numbers, Diverse Background -- 2.3.2 Latest ICSR Report -- 2.3.3 Foreign Fighters Siding with the Governments in Damascus and Baghdad and Kurdish Groups -- 2.4 Explanations and Reactions -- 2.4.1 Reactions to the Rise of Numbers of Foreign Fighters to Syria and Iraq -- 2.5 Concluding Remarks -- References -- 3 Foreign Fighters Involvement in National and International Wars: A Historical Survey -- Abstract -- 3.1 Introduction -- 3.2 The American Revolution -- 3.3 Latin America and the Quest for Independence -- 3.4 Freedom for Greece -- 3.5 19th Century Foreign Fighters -- 3.6 The Italian Risorgimento -- 3.7 Volunteers in the 20th Century: World War I -- 3.7.1 The Wars of the 1930s -- 3.7.2 The Volunteers and World War II -- 3.8 The New Waves of Volunteers after WW II -- 3.8.1 The Invasion of Afghanistan and the New Pattern of Foreign Volunteers -- 3.9 Conclusions -- References -- 4 Foreign Fighters as a Challenge for International Relations Theory -- Abstract -- 4.1 Irregulars in Focus -- 4.2 Mobilised Transnational Identities -- 4.3 Bringing the State Back in -- 4.4 Westphalia's Tectonics -- 4.5 Conclusions -- References -- 5 Foreign Fighters: Motivations for Travel to Foreign Conflicts -- Abstract -- 5.1 Introduction -- 5.2 Outrage and Empathy -- 5.3 Adherence to the Ideology -- 5.4 Search for Identity and Meaning -- 5.5 Conclusion -- References.

AbstractDealing with the current flow of migrants flocking to the shores of southern European countries remains high on the international agenda. At the end of 2016, 276,957 migrants were waiting in Libya to cross the sea. Many of them were subject to human rights violations and abuses such as arbitrary detention, torture, unlawful killings, sexual exploitation and even slavery (IOM, 2017). The international response has been, so far, insufficient and new ideas and practices are urgently needed. After providing an overview of the legal framework and of the efforts carried out by the relevant international and regional organizations, this article focuses on recent treaties concluded between Italy and Libya, and argues that the new bilateral agreements represent an example of how States are responding to this challenge in an attempt to strike a balance between the need to strengthen the protection of migrants' rights and the necessity to guarantee the security of national borders.