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 members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

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 members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

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.

Plight and Fate of Children During and Following Genocide examines why and how children were mistreated during genocides in the twentieth and twenty-first centuries. Among the cases examined are the Australian Aboriginals, the Armenian genocide, the Holocaust, the Mayans in Guatemala, the 1994 Rwanda genocide, and the genocide in Darfur. Two additional chapters examine the issues of sexual and gender-based violence against children and the phenomenon of child soldiers. Following an introduction by Samuel Totten, the essays include: "Australia's Aboriginal Children"; "Hell is for Children"; "Children: The Most Vulnerable Victims of the Armenian Genocide"; "Children and the Holocaust"; "The Fate of Mentally and Physically Disabled Children in Nazi Germany"; "The Plight and Fate of Children vis-a-vis the Guatemalan Genocide"; "The Plight of Children During and Following the 1994 Rwandan Genocide"; "Darfur Genocide"; "Sexual and Gender-Based Violence against Children during Genocide"; and, "Child Soldiers." Contributors include: Colin Tatz, Henry C. Theriault, Asya Darbinyan, Rubina Peroomian, Jeffrey Blutinger, Amanda Grzyb, Elisa von Joeden-Forgey, Sara Demir, Hannibal Travis, and Samuel Totten. The editor and several of the contributors have personally investigated and witnessed the aftermath of genocidal campaigns.

This book offers a comprehensive analysis of the causes and consequences of, as well as responses to, sexual violence in contemporary armed conflict. It explores the functions and effects of wartime sexual violence as part of a global political economy of violence. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity in a tangled web of plunder and profit. Difficult questions of accountability are tacked; in particular, the caes of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities and other crimes.

The chilling story of Stalin’s crimes against humanity Between the early 1930s and his death in 1953, Joseph Stalin had more than a million of his own citizens executed. Millions more fell victim to forced labor, deportation, famine, bloody massacres, and detention and interrogation by Stalin's henchmen. Stalin's Genocides is the chilling story of these crimes. The book puts forward the important argument that brutal mass killings under Stalin in the 1930s were indeed acts of genocide and that the Soviet dictator himself was behind them. Norman Naimark, one of our most respected authorities on the Soviet era, challenges the widely held notion that Stalin's crimes do not constitute genocide, which the United Nations defines as the premeditated killing of a group of people because of their race, religion, or inherent national qualities. In this gripping book, Naimark explains how Stalin became a pitiless mass killer. He looks at the most consequential and harrowing episodes of Stalin's systematic destruction of his own populace—the liquidation and repression of the so-called kulaks, the Ukrainian famine, the purge of nationalities, and the Great Terror—and examines them in light of other genocides in history. In addition, Naimark compares Stalin's crimes with those of the most notorious genocidal killer of them all, Adolf Hitler.

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.

"In this study Polish emigre Raphael Lemkin (1900-1959) coined the term 'genocide' and defined it as a subject of international law"--Provided by publisher.