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Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court

The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this prac...

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Main Author: Mudimu, Godknows
Other Authors: Woolaver, Hannah
Format: Thesis
Language:English
Published: Department of Public Law 2015
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access_status_str Open Access
author Mudimu, Godknows
author2 Woolaver, Hannah
author_browse Mudimu, Godknows
Woolaver, Hannah
author_facet Woolaver, Hannah
Mudimu, Godknows
author_sort Mudimu, Godknows
collection Thesis
description The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing this harm as a matter of urgency is crucial for the proper and effective reintegration of these children into society. The Rome Statute departs from the silence of many international criminal law instruments which focus exclusively on the prosecution and sentencing of criminals overlooking the needs of the victims of international crimes by offering redress. It introduces a new and unique reparative system that aims at providing redress to the victims of international crimes within the courts' jurisdiction. This reparative regime which is still in its early life stages faces many challenges and uncertainties. In its first case dealing with principles relating to reparations, the International Criminal Court (ICC) showed these challenges and the difficulty of establishing permanent guidelines on future reparations to former child soldiers who are victims of the international crime(s) of the enlisting and recruitment to fight as combatants. Clear principles can help current and future victims by having an insightful and realistic expectation of the modalities and the scope of the reparation award they can get from the ICC.
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institution University of Cape Town (South Africa)
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2015
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spelling oai:open.uct.ac.za:11427/15203 Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court Mudimu, Godknows Woolaver, Hannah Human Rights Law The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing this harm as a matter of urgency is crucial for the proper and effective reintegration of these children into society. The Rome Statute departs from the silence of many international criminal law instruments which focus exclusively on the prosecution and sentencing of criminals overlooking the needs of the victims of international crimes by offering redress. It introduces a new and unique reparative system that aims at providing redress to the victims of international crimes within the courts' jurisdiction. This reparative regime which is still in its early life stages faces many challenges and uncertainties. In its first case dealing with principles relating to reparations, the International Criminal Court (ICC) showed these challenges and the difficulty of establishing permanent guidelines on future reparations to former child soldiers who are victims of the international crime(s) of the enlisting and recruitment to fight as combatants. Clear principles can help current and future victims by having an insightful and realistic expectation of the modalities and the scope of the reparation award they can get from the ICC. 2015-11-21T09:39:24Z 2015-11-21T09:39:24Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15203 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Human Rights Law
Mudimu, Godknows
Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
thesis_degree_str Master's
title Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
title_full Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
title_fullStr Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
title_full_unstemmed Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
title_short Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court
title_sort reparations and child soldiers in africa the legal regime of reparations for former child soldiers under the rome statute of the international criminal court
topic Human Rights Law
url http://hdl.handle.net/11427/15203
work_keys_str_mv AT mudimugodknows reparationsandchildsoldiersinafricathelegalregimeofreparationsforformerchildsoldiersundertheromestatuteoftheinternationalcriminalcourt