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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Reimagining Child Soldiers in International Law and Policy

ISBN13: 9780199592661
Published: February 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £22.49

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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. Still, conversations about child soldiers mostly involve the same story, told over and over, and repeat the same assumptions, over and over.

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. 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.

International Criminal Law
1. Coming of Age in Atrocity
2. Children Who Soldier: Practices, Politics, and Perceptions
3. Not So Simple
4. Child Soldiers and Accountability
5. Unlawful Recruitment and Use of Children: From Proscription to Prevention
6. Rights, Wrongs, and Transitional Reconstruction
7. Reinvigorating the International Legal Imagination