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ISBN:0199592659
Author: Mark A. Drumbl
ISBN13: 978-0199592654
Title: Reimagining Child Soldiers in International Law and Policy
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ePUB size: 1195 kb
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Language: English
Category: Engineering
Publisher: Oxford University Press; 1 edition (April 15, 2012)
Pages: 276

Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl



Chapters 4 and 5 transition the book to international law and policy. These Chapters examine law and policy as they are and, much more importantly, the direction in which both are heading.

articulates a case for a more nuanced conception of child soldiers as individuated legal personalities who act with political, economic and social incentives as well as constraints. African Journal of Legal Studies. as well as for law and policy-makers involved in initiatives addressing.

Reimagining Child Soldiers seeks, among other goals, to deconstruct the dominant narrative of the faultless passive victim and to recast the child soldier in a more visionary application of what he calls the international legal imagination. He repeatedly invokes the example of Omar Khadr, the 15-year-old detained and tried for alleged war crimes by the . military commission at Guantanamo. The book has a logical and straightforward structure. In chapter 1, Drumbl navigates the complex question of defining exactly who is a child soldier. Chapters 6 and 7 provide a comprehensive set of reforms to international law and policy regarding child soldiers, including extensive examination of the practice of truth commissions and other alternatives to formal criminal adjudication such as endogenous ceremonies, reinsertion rites, reparative mechanisms, and community service.

Drumbl's aim is not modest. He is critical of what he views as the international community's tendency to 'replay the same narratives and circulate the same assumptions' about child soldiers. 2) These narratives and assumptions relate to the 'themes of vulnerability, frailty, victimization and incapacity' (3) characterising former child soldiers. Drumbl argues that this well-intentioned 'reflexive response' is nonetheless short-sighted and verging on the 'palliative'. The 'normative, aspirational and operational mix of international law, policy and practice' (6) developed by a multitude of actors constitutes the international legal imagination.

It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child.

Reimagining Child Soldiers seeks, among other goals, to deconstruct the dominant narrative of the faultless passive victim and to recast the child soldier in more nuanced narratives. Of the Khadr prosecution, more later. Drumbl brings the same creativity to this project that pervades his first book, Atrocity, Punishment, and International La. Both books derive their fresh perspectives on well-tilled academic topics from exhaustive exploration of cross-disciplinary studies and data, which are then applied to substantive and structural law and policy contexts.

This perception has come to suffuse international law and policy. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. Mark A. Drumbl is the Class of 1975 Alumni Professor at Washington and Lee University, School of Law, where he also serves as Director of its Transnational Law Institute. He has held visiting appointments with a number of law faculties, including Oxford, Paris II (Pantheon-Assas), Trinity College-Dublin, Melbourne, and Ottawa. Drumbl has lectured and published extensively on public international law, international criminal law, and transitional justice.

But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Children do not escape the ravages of armed conflict, which include displacement, death, and injury. As a result of armed conflict, children – understood by international law as all persons under the age of eighteen – may become heads of households.

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front.The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.