Maturing Justice: Integrating the Convention of the Rights of the Child into the Judgments and Processes of the International Criminal Court

25 Pages Posted: 17 Nov 2015

Date Written: November 16, 2015

Abstract

Meaningful global protection of the rights of the child during peace and conflict implicates not only human rights law, but also humanitarian law, comparative juvenile justice, and international criminal law. The CRC itself, created in 1989, is quite an extraordinary instance of universal acceptance of a treaty. It went into effect in 1990, in a very short period of time — a lightning-quick period of time in terms of international law development. The global community recognized that protections for the most vulnerable members in any civil society were long overdue and in need of immediate implementation. With such universal acceptance the next question that necessarily arises is which provisions of the treaty there can be no exception, as customary international law, and perhaps even jus cogens. The good news is that the Rome Statute, the policy and planning initiatives in the ICC Office of the Prosecutor, and the ICC Prosecutor’s dedication to protecting women and children are all very positive steps down a very challenging, but invaluable path to child friendly justice.

Keywords: International Children’s Court, comparative juvenile justice, humanitarian law, human rights law, international criminal law

Suggested Citation

Malone, Linda A., Maturing Justice: Integrating the Convention of the Rights of the Child into the Judgments and Processes of the International Criminal Court (November 16, 2015). Georgia Journal of International and Comparative Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2691629

Linda A. Malone (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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