Suchergebnisse

"This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in the understanding of democratic rule of law globally. In each of these cases, the adjudicating body's analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the Executive of that time. Thus, the book is instructive for an international audience as to the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of Constitutional Law, Politics and Human Rights"--

"This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in the understanding of democratic rule of law globally. In each of these cases, the adjudicating body's analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the Executive of that time. Thus, the book is instructive for an international audience as to the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of Constitutional Law, Politics and Human Rights"--

1 Introduction -- 2 International Atrocity Crimes Targeting Children and Lacunae in Charging Under International Criminal Law -- 3 Age-Based Persecution Targeting Children -- 4 The Persecution of Children in Connection with Genocide -- 5 The Persecution of Children 'In Connection With' Crimes Against Humanity -- 6 The Persecution of Children 'In Connection With' War Crimes: Selected Exemplars -- 7 Concluding Remarks: The Persecution of Children as a Rome Statute Prosecutable Crime Against Humanity. .

Judicial Activism and Its Intersection with Democratic Rule of Law -- The Supreme Court of the United States and Judicial Activism in the Trump Era -- Judicial Activism in Selected Cases Decided by the Supreme Court of Canada -- Judicial Activism, the "Living Instrument" Doctrine and the European Court of Human Rights -- "Principled Judicial Activism" in Defense of Our Common Humanity -- Concluding Comment.

Part I. Introduction to the optional protocol to the convention on the rights of the child concerning a communications procedure -- Part II. Selected weaknesses of the convention of the rights of the child optional protocol on a communications procedure.

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.

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.

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 memb.