The Torture of Children During Armed Conflicts The ICC's Failure to
This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highli
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The Torture of Children During Armed Conflicts The ICC's Failure to Prosecute and the Negation of Children's Human Dignity
The Torture of Children During Armed Conflicts
Sonja C. Grover
The Torture of Children During Armed Conflicts The ICC’s Failure to Prosecute and the Negation of Children’s Human Dignity
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Sonja C. Grover Faculty of Education Lakehead University Thunder Bay, ON Canada
ISBN 978-3-642-40688-1 ISBN 978-3-642-40689-8 (eBook) DOI 10.1007/978-3-642-40689-8 Springer Heidelberg New York Dordrecht London
Library of Congress Control Number: 2013948859 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, 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. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
This book is dedicated with much love to the memory of my brother Albert Gazan
Preface
It has been remarked by legal scholar Sanford Levinson (2005) that: Those of us who discuss “torture,” “cruel, inhuman, or degrading activities,” and “highly coercive interrogations” must climb down into the muck and confront the “facts on the ground,” rather than merely doing what we do best, which is to proffer (and take refuge in) place-holding abstraction.
In this book we will do both. That is: (i) we will study the facts on the ground with regard to mass atrocities rising to the level of torture committed against c
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