PROSECUTING INTERNATIONAL CRIMES AND HUMAN RIGHTS ABUSES COMMINTTED AGAINST CHILDREN LEADING INTERNAPDF电子书下载

Part Ⅰ:An Introduction to the Organizational Structure,Enabling Statutes or Conventions,Cass Processing Procedure and Jurisdiction of the International Coures 3

1 The Inter-American Human Rights System 3

1.1 The Inter-American Human Rights Commission 4

1.1.1 History of the Inter-American Human Rights Commission 4

1.1.2 The Inter-American Commission on Human Rights Under the New Commission Rules 4

1.1.3 Conventions 8

1.1.4 The American Declaration of the Rights and Duties of Man 14

1.1.5 Petitioning the Inter-American Commission on Human Rights Regarding Alleged Human Rights Violations of the American Convention on Human Rights (ACHR), the Additional Protocols to the ACHR and Other Applicable Conventions or the Declaration of the Rights and Duties of Man (Rules in Force as of January 1, 2003) 15

1.2 Inter-American Court of Human Rights 27

1.2.1 Organization of the Court 27

1.2.2 Adjudicative Function of the Court 29

1.2.3 The Advisory Function of the Court 33

1.2.4 Summary of Selected Key Procedural Steps for Case Processing Under the Inter-American Human Rights System 33

2 European International Human Rights Court System 37

2.1 The Council of Europe and the European Court of Human Rights 37

2.2 The European Convention on Human Rights and Fundamental Freedoms and the Rights of Minors 38

2.3 The Structure of the European Court of Human Rights 39

2.3.1 The Sections 40

2.3.2 The Chamber (Lower Court) 40

2.3.3 The Grand Chamber: Re-hears Selected Cases De Novo Post-chamber Judgment or Hears Selected Cases that Have Been Referred to It Directly by "the Chamber" (no Chamber Judgment) 41

2.4 Jurisdiction 42

2.5 Enforcement 43

2.6 European Court of Human Rights Case Processing System 43

2.6.1 Petitioning the European Court of Human Rights 43

2.6.2 The Admissibility Decision Made by Committee or by "the Chamber" 44

2.6.3 The Separate Vs.Joint Procedure by "the Chamber" 45

2.6.4 Negotiating a "Friendly Settlement" 45

2.6.5 Case Admissibility Criteria 45

2.6.6 Consideration of the Admissibility and the Merits in the Lower Chamber 47

2.7 Re-hearing De Novo by the Grand Chamber on Petition by One or Both Parties (Post Lower Chamber Judgment) 48

2.7.1 Hearing by the Grand Chamber via Relinquishment by the Lower Chamber of Its Jurisdiction Prior to the Chamber Issuing Its Final Judgment in the Case 49

2.7.2 When the Lower Chambers Judgment Becomes Final 49

2.7.3 Re-hearing by the Grand Chamber and Just Satisfaction 50

2.8 Key Steps in Case Processing in the European Court of Human Rights System 50

2.9 Public Proceedings and Judgments and Reasons for Judgment 52

2.9.1 Representation 52

2.9.2 Expedited Cases 52

2.9.3 The Language of the Court 53

2.9.4 Compensation for Damages 53

2.9.5 Judgments and Their Implications 53

2.9.6 Advisory Opinions by the Grand Chamber 53

2.9.7 Caseload, and Breakdown of the Nature and Origin of Cases Heard by the Court 54

3 The International Ad Hoc Criminal Courts of Rwanda and the Territory of the Former Yugoslavia 55

3.1 International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States Between January 1, 1994 and December 31, 1994 (ICTR) 55

3.1.1 History and Jurisdiction of the ICTR 55

3.1.2 Structure of the ICTR 58

3.1.3 Summary 60

3.2 The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 61

3.2.1 History of the Conflict in the Former Yugoslavia 61

3.2.2 Jurisdiction of the ICTY 63

3.2.3 Structure and Functioning of the ICTY 65

3.2.4 Summary 67

4 The Special Court of Sierra Leone 69

4.1 The Civil War in Sierra Leone (1991-2002) 69

4.2 Jurisdiction of the Special Court of Sierra Leone 70

4.2.1 Creation of the SCSL and Subject Matter Jurisdiction 70

4.2.2 SCSL Lack of Jurisdiction Over Peacekeepers and NGO Personnel 70

4.2.3 Temporal Limitation on the SCSL Jurisdiction 71

4.2.4 Detailed Description of the Crimes Under the Jurisdiction of the SCSL 71

4.2.5 Amnesty 73

4.2.6 Minors as Defendants 73

4.2.7 Concurrent Jurisdiction 74

4.3 Structure of the Special Court of Sierra Leone 74

4.3.1 The Chambers 75

4.3.2 Office of the Prosecutor 75

4.3.3 Office of the Defence 76

4.3.4 The Registry 76

4.4 Judgments and Penalties 76

4.5 Concluding Comments 77

5 The International Criminal Court 79

5.1 Individual Criminal Liability and ICC Jurisdiction 84

5.2 The Principle of "Complementarity" 86

5.3 Structure of the ICC 87

5.3.1 The Presidency 87

5.3.2 The Divisions of the Court 87

5.3.3 Other Independent Organs of the Court 88

5.4 Victims as "Participants" Vs."Witnesses" During ICC Proceedings 88

5.5 The Pre-trial Chamber Preliminary Decision on Admissibility Based on Prima Facie Evidence Presented by the Office of the Prosecutor 90

5.6 Procedure Where the Office of the Prosecutor Decides Not to Investigate 91

5.7 Inadmissibility Criteria 91

5.8 The Pre-trial Hearing to Confirm or Reject the Charges 92

5.9 Appeals of Pre-trial Judgments 92

5.10 The Trial Division 93

5.11 The Appeal Division 93

5.12 ICC Judgments 94

5.13 Concluding Comments 94

Part Ⅱ: The International Human Rights Courts 97

1.Inter-American Court of Human Rights 97

Case 1: Case of the Gomez-Paquiyauri Brothers v.Peru 97

6.1 Excerpt from the Judgment of July 8, 2004: (Merits, Reparations and Costs) 97

6.2 Notes and Questions 112

6.2.1 Who Were the Child Victims (Persons Under Age 18 Years) in the Gomez-Paquiyauri Brothers v.Peru Case? 112

6.2.2 Did International Justice in This Case Affirm Respect for the Human Rights of the Child? 113

6.2.3 What Was the Nature of the Reparations Ordered by the Court (IAC), to Whom Were They to Be Paid, and Is There Any Potential Significance of Certain of the Reparations in Terms of Promoting the Rights of the Child? 114

6.2.4 Was the International Obligation to Afford Children Special Protection Acknowledged, and the Nature of the Offence Considered "Aggravated" by the Fact that the Victims Were Children? 116

6.2.5 Was There Any Public Acknowledgement of the Violation of International Human Rights Law in Gomez-Paquiyauri Brothers v.Peru? 117

6.2.6 Were the Principles of the Convention on the Rights of the Child (CRC) Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 118

6.2.7 Did the Alleged Primacy of the National Court in the Instant Case Hinder or Facilitate the State's International Accountability for the International Crimes Committed Within Its Jurisdiction? 118

6.2.8 Would Justice Have Been Better Served by Advancing the Gomez-Paquiyauri Brothers v.Peru Case Before an Alternative International System (in This Case the ICC) Had That Been Possible? 120

6.2.9 Were the Victims and Their Family in Gdmez-Paquiyauri Brothers v.Peru Accorded Justice Under International Law? 121

Case 2: Case of the Yean and Bosico Children v.Dominican Republic 123

6.3 Excerpt from the Judgment of September 8, 2005 123

6.4 Notes and Questions 143

6.4.1 Who Were the Child Victims in the Case of the Yean and Boscio Children v.Dominican Republic? 143

6.4.2 Did International Justice in This Case Affirm Respect for the Human Rights of the Child? 145

6.4.3 Was the Full Scope of the State Violations of International Human Rights Law Set Out by the Inter-American Court in Yean and Bosico Children v.The Dominican Republic? 151

6.4.4 Was There an Acknowledgement by the Court of Offences Under International Law Committed by the State? 156

6.4.5 What Was the Nature of the Reparations Ordered by the Court, to Whom Were They to Be Paid and Is There Any Special Significance of the Reparations that Ought to Be Recognized in Terms of Promoting the Rights of the Child? 159

6.4.6 Was the International Obligation to Afford Children Special Protection Acknowledged by the Inter-American Court and the Nature of the Offence Considered Aggravated by the Fact that the Victims Were Children? 159

6.4.7 Was There Any Requirement for a Public Acknowledgement of the State's Violations of Its International Human Rights Obligations to the Child Victims in Yean and Bosico Children v.The Dominican Republic? 160

6.4.8 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 161

6.4.9 Did the Alleged Primacy of the National Court in the Instant Case Hinder or Facilitate the State's International Accountability for the Violations of International Human Rights Law Committed Within Its Jurisdiction? 161

6.4.10 Would Justice Have Been Better Served by Advancing the Case Before an Alternative International System (in this case the ICC) Had That Been Possible? 163

6.4.11 Can Undue Delay in the Possibility to Seek a Domestic Remedy Facilitate Access to an International Human Rights Court? 164

6.4.12 Were the Yean and Bosico Children and Their Parents and Other Children of Dominican-Haitian Ancestry Born in and Residing in the Dominican Republic and Denied Their Nationality Accorded Justice Under International Law as a Consequence of This Case? 165

2.European Court of Human Rights 169

Case 3: Case of Isayeva, Yusupova and Bazayeva v.Russia 169

7.1 Excerpt from the Judgment of February 24, 2005 (Final: 06/07/2005) 169

7.2 Notes and Questions 213

7.2.1 Who Were the Child Victims in the Case of Isayeva, Yusupova and Bazayeva vs.Russia? 213

7.2.2 Did International Justice in This Case Affirm Respect for the Separable Independent Human Rights of the Child? 213

7.2.3 Was There a Public Acknowledgement Through the ECHR Judgment Itself of the Offences Under International Human Rights Law Committed by the State Through Its Agents? 216

7.2.4 What Was the Nature of the Reparations Ordered by the Court, to Whom Were They to Be Paid, and Is There Any Special Significance of the Reparations in Terms of Promoting the Rights of the Child? 216

7.2.5 Was the International Obligation to Afford Children "Special Protection" Acknowledged and the Nature of the Offence Considered "Aggravated" by the Fact that the Victims Were Children? 217

7.2.6 Was There Any Public Acknowledgement by the State of the Violation of International Human Rights and/or Humanitarian Law Committed Against the Child Victims in the Instant Case? 218

7.2.7 Were the Principles of the Convention on the Rights of the Child (CRC) Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 223

7.2.8 Did the Primacy Accorded Domestic Courts Hinder or Facilitate the State's International Accountability in the Instant Case for the International Human Rights Violations Committed Within Its Jurisdiction? 225

7.2.9 Would Justice Have Been Better Served by Advancing the Case Before an Alternative International System (in This Case the ICC) Had That Been Possible? 225

7.2.10 What Remedy Were the Victims in the Instant Case Most Interested in Securing and Was the ECHR Judgment Helpful or Unhelpful in Their Moving Closer to Attaining That Remedy? 226

Case 4: Case of Aydin v.Turkey (57/1996/676/866) 228

7.3 Excerpt from the Judgment of September 25, 1997 228

7.4 Notes and Questions 261

7.4.1 Who Was the Child Victim in Aydin v.Turkey? 261

7.4.2 Did International Justice in This Case Affirm Respect for the Human Rights of the Child? 262

7.4.3 Were the Medical Examinations Conducted of the Child Victim Directed Toward Establishing Whether or Not She Had Been Raped? 264

7.4.4 Was the Full Scope of the State Violations of International Law Set Out by the Court Including Any International Crimes that May Have Been Committed? 265

7.4.5 Was There Any Public Acknowledgement of the Grievous International Human Rights Abuses Committed Against Sukran as a Child Victim? 266

7.4.6 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Aydin Case and the Remedy Afforded the Victims? 266

7.4.7 Would Justice Have Been Better Served by Advancing the Aydin Case Before an Alternative International System (in This Case the ICC) Had That Been Possible? 267

7.4.8 Were the Victim and Her Family in Aydin Accorded the Full Measure of Justice Under International Human Rights Law by the European Court of Human Rights? 267

7.4.9 What Was the Nature of the Reparations Ordered by the Court, to Whom Were They to Be Paid and Is There Any Special Significance of the Reparations that Ought to Be Recognized in Terms of Promoting the Rights of the Child? 268

7.4.10 Did the ECHR Err in Failing to Find a Violation of Article 25 of the European Convention on Human Rights and Fundamental Freedoms? 269

7.4.11 Does UN Security Council Resolution 1820 Categorize Rape and Other Sexual Violence Occurring in Some Contexts as an International Crime? 270

7.4.12 Does UN Security Council Resolution 1820 Concern Sexual Violence of Various Forms Against Both Civilians and Non-Civilian Victims? 271

7.4.13 Does UN Security Council Resolution 1820 Acknowledge that UN Peacekeepers Have Sometimes Been Perpetrators of Sexual Violence Against the Very Population They Were Meant to Protect? 271

7.4.14 Is There a Continuing Need for the UN Security Council Resolution 1820? 271

7.4.15 What Is the Text of the UN Security Council Resolution 1820 Concerning the Use of Rape and Other Forms of Sexual Violence in Situations of Armed Conflict or Post-conflict? 272

7.4.16 How Has the International Community Addressed the Issue of Peace Keepers and Humanitarian Aid Workers Who Sexually Offend Against Children They Were Sent to Protect and Serve? 276

7.4.17 What Is the Contribution of the International Criminal Court (ICC) Trust Fund for Victims to Assisting the Victims of International Crimes Involving Sexual Violence? 279

Part Ⅲ: The International Ad Hoc Criminal Courts 283

1.International Criminal Tribunal for Rwanda 283

Case 5: The Prosecutor v.Sylvester Gacumbitsi (Case No.ICTR-2001-64-A) 283

8.1 Excerpt from the Appeal Judgment 7 July, 2006 283

8.2 Notes and Questions 316

8.2.1 Who Were the Child Victims in Prosecutor v.Sylvestre Gacumbitsi? 316

8.2.2 Did International Justice in This Case Affirm Respect for the Human Rights of the Child? 316

8.2.3 Was There Any Public Acknowledgement of the International Crimes Committed Against Child Victims in the Gacumbitsi case? 317

8.2.4 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Case by the International Criminal Court of Rwanda and in the Remedy Afforded the Victims? 318

8.2.5 Was There Reliance on National Sentencing Provisions, and if So, Did This Hinder or Facilitate the International Accountability of the State and Its Agents for the International Crimes? 318

8.2.6 What Type of International Criminal Court Is the International Criminal Tribunal for Rwanda? 320

2.International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia Since 1991 321

Case 6: Prosecutor v.Miroslav Bralo (Case No.IT-95-17-S) 321

9.1 Excerpt from the Judgment of 7 December, 2005 321

9.2 Notes and Questions 343

9.2.1 Who Were the Child Victims in Prosecutor v.Miroslav Bralo? 343

9.2.2 Did International Justice in This Case Affirm Respect for the Human Rights of the Child? 344

9.2.3 Was There Any Public Acknowledgement of the International Crimes Committed Against Child Victims in Prosecutor v.Miroslav Bralo Aside from the Judgment Itself? 345

9.2.4 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 347

9.2.5 Did Reliance on National Sentencing Provisions with Respect to the Possibility of Early Release in the Instant Case Hinder or Facilitate the International Accountability of the State and Its Agents for the International Crimes? 348

9.2.6 What Type of International Criminal Court Is the ICTY? 348

Part Ⅳ: The International Hybrid Criminal Courts 353

1.The Special Court for Sierra Leona 353

Case 7: Prosecutor v.Moinina F of ana and Allieu Kondewa 353

10.1 Excerpt from the Judgment in the Appeals Chamber of 28 May, 2008 353

10.2 Notes and Questions 414

10.2.1 Who Were the Child Victims in the Prosecutor v.Moinina Fofaza and Allieu Kondewa Case? 414

10.2.2 Did International Justice in Prosecutor v.Moinina F of ana and Allieu Kondewa Affirm Respect for the Fundamental Human Rights of the Child? 415

10.2.3 Does the Recruitment and Use of Children Under Age 15 Years for Active Participation in Armed Conflict Rise to the Level of "a Crime Against Humanity"? 418

10.2.4 What Was the Outcome Regarding the Charges Against Fofana of Recruiting and Using Children Under Age 15 for Active Participation in Armed Hostilities? 420

10.2.5 What Was the Outcome Regarding the Charges Against Kondewa of Recruiting and Using Children Under Age 15 for Active Participation in Armed Hostilities? 422

10.2.6 How Was the Issue of CDF Sexual Violence Against Girls Handled by the Special Court of Sierra Leone in The Prosecutor v.Moinina Fofana and Allieu Kondewa? 429

10.2.7 Should the Alleged Acts of Sexual Violence Against Children Committed by the CDF Have Been Dealt with Under Article 5(a) of the Statute of the Special Court of Sierra Leone Which Deals with Crimes of Violence (Including Sexual Violence) Against Girl Children Under Sierra Leonean Law? 432

10.2.8 Were the Child Victims Regarded as Having Juridical Personality in Their Own Right and the Right to "Special Protection" as Children Under International Law, or Were the Child Victims' Rights Subsumed in Some Way Under the Rights of the Adult Victims? 432

10.2.9 Was There an Acknowledgement of All the Offences Under International Law Committed by the Defendants? 433

10.2.10 Were the Sentences Meted Out to the Defendants in the CDF Case, The Prosecutor v.Moinina Fofana and Allieu Kondewa, Adequate in Promoting the Rights of the Child? 434

10.2.11 Was the International Obligation to Afford Children Special Protection Acknowledged and the Nature of the Offence Considered Aggravated by the Fact that the Victims Were Children? 435

10.2.12 Did the Appeal Judgment in Prosecutor v.Moinina Fofaza and Allieu Kondewa Itself Serve as Adequate Public Acknowledgement of the International Crimes Committed Against Child Victims by the CDF? 436

10.2.13 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 436

10.2.14 Did the Primacy of the Hybrid International Special Court of Sierra Leone Facilitate International Accountability for the International Crimes Committed Within the State? 437

10.2.15 What Were the Special Court of Sierra Leone's Conclusions Regarding the Issue of "Systemic Attacks Against Civilians" by the CDF Forces as an Element to Be Proved Respecting Certain of the Specific International Crimes Charged in the Case? 438

10.2.16 Was There Any Reliance by the Special Court of Sierra Leone in the Prosecutor v.Moinina Fofaza and Allieu Kondewa on alleged Mitigating Factors Which Should Have Been Regarded as Merely Irrelevant Culture-Specific Rationales for the Commission of International Crimes by the CDF? 439

10.2.17 Would Justice Have Been Better Served by Advancing the CDF Case Before the International Criminal Court Had This Been Possible Rather than Before the Hybrid Special Court of Sierra Leone? 441

10.2.18 Were the Victims and Their Families Accorded Justice Under International Law by the Special Court of Sierra Leone in The Prosecutor v.Moinina Fofaza and Allieu Kondewa? 443

10.2.19 What Was the Impact, If Any, of the Decision in The Prosecutor v.Moinina Fofaza and Allieu Kondewa on the Possibility for Rehabilitation and Re-integration of Ex CDF Child Soldiers? 443

2.The Special Court for Sierra Leona 445

Case 8: Prosecutor v.Prima, Kamara and Kanu 445

11.1 Excerpt from the Judgment in the Appeals Chamber of February 22, 2008 445

11.2 Notes and Questions 467

11.2.1 What Were the Charges and Who Were the Victims in The Prosecutor v.Brima, Kamara and Kanu! 467

11.2.2 Did International Justice in The Prosecutor v.Brima, Kamara and Kanu Affirm Respect for the Fundamental Human Rights of the Child? 468

11.2.3 Did the Appeal Court in the AFRC Case Consider the Vulnerability of Child Victims as an Aggravating Factor with Regard to Forced Marriage; a Crime Against Humanity? 469

11.2.4 What Was the Position of the Appeal Court in the AFRC Case Regarding "Arranged Marriages" Vs."Forced Marriages" and What Are the Implications for the Advancement of Children's Fundamental Human Rights (i.e., Such as Liberty Rights and the Right to Security of the Person)? 470

11.2.5 Were the Principles of the Convention on the Rights of the Child Reflected in the Treatment of the Case and the Remedy Afforded the Victims? 472

11.2.6 What Was the Outcome Regarding the Charges in the AFRC Case Regarding Recruiting and Using Children Under Age 15 for Active Participation in Armed Hostilities and with Respect to Sexual Slavery? 472

11.2.7 Were the Sentences Meted Out to the Defendants in the AFRC Case by the Appeal Court Adequate in Promoting Respect for the Rights of the Child in the International Community? 473

Part Ⅴ: The International Criminal Court (The Hague) 477

Case 9: The Prosecutor v.Thomas Lubanga Dyilo (Democratic Republic of the Congo) 477

12.1 Submission of the Prosecution's Updated Summary of Presentation of Evidence (ICC-01/04-01/06-1363) 477

12.2 Amicus Brief: "Written Submissions of the United Nations Special Representative of the Secretary-General on Children and Armed Conflict" (ICC-01/04-01/06-1229-AnxA) 509

12.3 Redacted Version of "Decision on the Prosecution's Application to Lift the Stay of Proceedings" (ICC-01/04-01/06-1467) 516

12.4 Decision on the Consequences of Non-disclosure of Exculpatory Materials Covered by Article 54(3)(e) Agreements and the Application to Stay the Prosecution of the Accused, Together with Certain Other Issues Raised at the Status Conference on 10 June, 2008 529

12.5 Notes and Questions 553

12.5.1 Notes and Questions Regarding the Prosecutor's Updated Submission of Evidence of 30 May, 2008 (ICC-01/04-01/06-1363) 553

12.5.2 Notes and Questions on the "Decision on the Prosecution's Application to Lift the Stay of Proceedings" (ICC-01/04-01/06-1467) 563

12.5.3 Notes and Questions Regarding the Amicus Brief "Written Submissions of the United Nations Special Representative of the Secretary-General on Children and Armed Conflict" of 17 March, 2008 (ICC-01/04-01/06-1229-AnxA) 578

Part Ⅵ: Documents 597

Appendix A.1 American Convention on Human Rights 597

Appendix A.2 American Declaration of the Rights and Duties of Man 623

Appendix A.3 Statute of the Inter-American Commission on Human Rights 633

Appendix A.4 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, "Protocol of San Salvador" 643

Appendix A.5 Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty 653

Appendix A.6 Inter-American Convention to Prevent and Punish Torture 655

Appendix A.7 Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women "Convention of Belem do Para" 663

Appendix A.8 Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities 671

Appendix A.9 Inter-American Convention on Forced Disappearance of Persons 679

Appendix A.10 Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors 687

Appendix A.11 Statute of the Inter-American Court of Human Rights 695

Appendix B.1 Convention for the Protection of Human Rights and Fundamental Freedoms 705

Appendix B.2 European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children 737

Appendix B.3 European Convention on the Adoption of Children 749

Appendix B.4 European Convention on the Exercise of Children's Rights 759

Appendix B.5 European Convention on the Legal Status of Children Born out of Wedlock 769

Appendix B.6 European Convention on Nationality 775

Appendix C.1 Statute of the International Criminal Tribunal for Rwanda 789

Appendix D.1 Updated Statute of the International Criminal Tribunal for the Former Yugoslavia 803

Appendix E.1 Statute of the Special Court for Sierra Leone 859

Appendix F.1 Rome Statute of the International Criminal Court 869

Appendix F.2 Elements of Crimes 947

Appendix G.1 African Charter on the Rights and Welfare of the Child 995

Appendix G.2 Cape Town Principles and Best Practice on the Prevention of Recruitment of Children into the Armed Forces and Demobilization and Social Integration of Child Soldiers in Africa 1013

Appendix G.3 Convention on the Rights of the Child 1021

Appendix G.4 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict 1043

Appendix G.5 The Paris Principles 1049

Appendix G.6 The Paris Commitments to Protect Children from Unlawful Recruitment or Use by Armed Forces or Armed Groups 1099

Appendix G.7 United Nations Resolution 1820 (2008): S/RES/1820(2008) 1103

Appendix H.l Brussels Principles Against Impunity and for International Justice 1109

About the Author 1123

Index 1125