Full Description
International law and state practice mirrors the recognition of children's particular need for protection during peacetime, but in situations in which international crimes are being committed the prosecution of international crimes committed against children before international courts and tribunals is also well embedded. While international prosecutions are thus in line with the overall development of protecting children from the consequences of armed conflict and large scale violence, the involvement of the child in international criminal proceedings also gives rise to new questions which relate to the procedural involvement of the child.As child participation in the proceedings before the International Criminal Court (ICC) constitutes a matter of fact, one may raise the question whether such participation is a welcome development. This study examines the procedural implications of child participation and thereby intends to contribute legal views and perspectives to the underlying debate on the adequacy of child participation in ICC proceedings. The study concludes with ten recommendations that underline the call.
Contents
AcknowledgmentsContents List of AbbreviationsIntroductionChapter 1. Introduction1.1 Introductory observations on the child in international law1.2 The child and the ICC 1.3 Research aim, statement of the problem and research questions 1.4 Terminology and concepts 1.4.1 The child in ICC proceedings 1.4.2 Childhood 1.4.3 The particular vulnerability of the child 1.4.4 The best interests of the child and child-sensitive procedures 1.4.5 The evolving capacities of the child 1.5 Methodology 1.5.1 Sources and approach 1.5.2 Relevance of human rights law in ICC proceedings 1.6 Structure of the thesis Part I. The Child in International Criminal ProceedingsChapter 2. The Child Witness 2.1 Introduction 2.2 Child witnesses in international criminal proceedings 2.3 Rules governing witness testimony during trial proceedings 2.4 Ability to provide informed consent and the protection of the child witness 2.4.1 Informed consent of the child witness 2.4.2 Protection of the child witness 2.5 Credibility 2.5.1 Factors influencing the credibility of the child witness 2.5.1.1 Trustworthiness of the child witness 2.5.1.2 Impact of conflict situations and trauma 2.5.2 Measures enhancing credibility 2.5.2.1 Witness familiarisation 2.5.3.2 Age determination 2.6 Conclusion Chapter 3. The Child Victim 3.1 Introduction 3.2 Views on victim participation 3.3 Child victim participation in ICC practice 3.4 Application of victim requirements to the child 3.4.1 Natural person 3.4.2 Harm 3.4.3 The jurisdiction criterion 3.4.4 The causality criterion 3.4.5 The evidentiary standard used 3.5 Children applying for participation 3.5.1 Legal competence of the child to apply for participation 3.5.2 Child-specific evidence3.5.3 Categories of child applicants 3.6 General modalities of participation 3.7 Child-specific modalities of participation: the representation of the child 3.7.1 General rules governing the representation of victims 3.7.2 Representation of the child 3.7.3 Children expressing their views and concerns in the courtroom3.7.4 Legal aid for the representation of the child 3.8 Conclusion Chapter 4. The Child Perpetrator and the Child of a(n) (alleged) Perpetrator 4.1 Introduction 4.2 Recruitment of child soldiers 4.3 Prosecuting the child 4.4 Being the child of a(n) (alleged) perpetrator4.5 Conclusion Part II. The Child in International Reparation Practice Chapter 5. The Child Claimant 5.1 Introduction 5.2 The child as beneficiary of the right to reparations 5.3 Rules and practice governing reparation proceedings 5.4 Children claiming reparations before the ICC: current and future challenges 5.4.1 Forms of reparations 5.4.2 Eligibility 5.4.3 Implementation 5.5 Conclusion Part III. Concluding and Comparative Evaluation Chapter 6. Evaluation and Future Perspectives 6.1 Introduction 6.2 Evaluation 6.2.1 Legal capacity of the child 6.2.2 Informed consent of the child 6.2.3 Age of the child 6.2.4 Protection of the child 6.2.5 Credibility of the child 6.3 Principal relevance of child participation 6.4 Final recommendations and need for further research on child participation in international criminal and reparation proceedings Summary Samenvatting Selected Bibliography Overview of Legislation Overview of Cases Curriculum Vitae
