Child Soldier Victims of Genocidal Forcible Transfer Exonerating Chi
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 cr
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Sonja C. Grover
Child Soldier Victims of Genocidal Forcible Transfer Exonerating Child Soldiers Charged With Grave Conflict-related International Crimes
Sonja C. Grover Lakehead University Faculty of Education 955 Oliver Road Thunder Bay, Ontario P7B 5E1 Canada [email protected]
ISBN 978-3-642-23613-6 e-ISBN 978-3-642-23614-3 DOI 10.1007/978-3-642-23614-3 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2011944194 # Springer-Verlag Berlin Heidelberg 2012 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
This book is dedicated with great respect and love to the memory of my parents Gina and David Gazan and that of my brother Albert all of whom championed the cause of universal human rights in their own way. It is also dedicated to all victims of genocidal forcible transfer in whatever form and especially to the child victims. This work is but a small contribution made in the hope that child victims of genocidal forcible transfer (such as child soldiers recruited to armed groups or forces perpetrating mass atrocities and/or genocide and the children born of mass wartime rape) will be acknowledged as such, that the survivors receive fair reparations from the State and that the international community implement effective ongoing strategies to prevent all forms of genocide and other grave international crimes.
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Preface
The current inquiry challenges the demonization of and backlash against a certain segment of the child soldier population which seeks to frame these children as culpable for atrocities they committed as child members of non-State armed groups or State national forces committing systematic mass atrocity and/or genocide. It is argued that these children are the victims of genocidal forcible transfer to these armed groups or forces regardless the manner of their so-called initial ‘recruitment.’ Various judicial and extra-judicial modes of accountability for these children are assessed from this perspective and found to be irrelevant and inapplicable to the factual circumstances of such cases. In Chapter 1, State obligations under international law relating to the speci
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