‘Murder’, ‘Wilful Killing’ or ‘Extra-Judicial Killings’ of Children as Conflict Strategy and a Form of Torture

Sonja C. Grover

doi:10.1007/978-3-642-40689-8_7

The Torture of Children During Armed Conflicts pp 161-170 | Cite as

‘Murder’, ‘Wilful Killing’ or ‘Extra-Judicial Killings’ of Children as Conflict Strategy and a Form of Torture

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Sonja C. GroverEmail author

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First Online: 24 October 2013

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Abstract

Chapter seven examines extra-judicial executions and wilful killings of children during armed conflict as part of a common plan and a form of physical and/or psychological torture. Selected ICC and Inter-American human rights system cases are discussed in this regard.

Keywords

Armed Conflict Substantial Ground Rome Statute Trial Chamber Child Soldier

These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

‘Murder’ here refers to: (i) murder as a war crime under the Rome Statute (2002) (Article 8(2)(c)(1)) occurring in a non-international conflict situation where civilians among other protected persons are knowingly being killed and (ii) murder as a crime against humanity under the Rome Statute (2002) (Article 7(1(a)) where the killing of civilians occurred as part of an intentional systematic and widespread attack on civilians.

“Wilfull Killing” refers to the war crime of ‘wilful killing’ under the Rome Statute (2002) (Article 8(2)(a)(i)) where the killing of civilians among other protected persons under the 1949 Geneva Conventions occurred in the context of an international conflict (Note that the Rome Statute (2002) also addresses genocide through killing (Article 6(a)).

The term ‘extra-judicial execution or killing’ is here used to refer to a killing that occurs without legal due process and is carried out by an agent of the State while the term ‘murder’ or ‘wilful killing’ is used here to refer to a killing that is not necessarily carried out by an agent of the State (i.e. it could be committed by a rebel perpetrator).

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References

Literature

Grover SC (2013a) Humanity’s children: ICC jurisprudence and the failure to address the genocidal forcible transfer of children. Springer, BerlinGoogle Scholar
Quiroga J (2009) Torture in children. Torture (Journal on Rehabilitation of Torture Victims and Prevention of Torture) 19(2): 65–87 Google Scholar

Materials

Protocol I Additional to the Geneva Conventions of 12 August (1949), and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. http://www.icrc.org/ihl.nsf/WebART/470-750099 Accessed 18 April 2013
Protocol II Additional to the Geneva Conventions of 12 August (1949), and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977 http://www.icrc.org/ihl.nsf/WebART/470-750099 Accessed 18 April 2013

Cases

Inter-American Commission of Human Rights Report No. 33/04 in Jailton Neri Da Fonseca v Brazil 11 March, 2004 http://cidh.org/annualrep/2004eng/Brazil.11634eng.htm Accessed 18 May 2013
The Situation in the Democratic Republic of Congo: The Prosecutor v Germain Katanga and Mathieu Ngudjolo Chui Pre-Trial Chamber I Decision on the Confirmation of Charges 30 September, 2008 ICC-01/04-01/07Google Scholar

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Authors and Affiliations

Sonja C. Grover
- 1
Email author

1.Lakehead University Faculty of EducationThunder BayCanada

‘Murder’, ‘Wilful Killing’ or ‘Extra-Judicial Killings’ of Children as Conflict Strategy and a Form of Torture

Abstract

Keywords

References

Literature

Materials

Cases

Copyright information

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