Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-17T01:16:14.958Z Has data issue: false hasContentIssue false

Chapter 6 - Evaluation and Future Perspectives

from Part III - Concluding and Comparative Evaluation

Published online by Cambridge University Press:  12 December 2017

Get access

Summary

INTRODUCTION

Each of the foregoing chapters draws conclusions as to the child-specific particularities before the ICC pursuing two research aims:

° to analyse whether and to what extent the proceedings are child sensitive;

° to establish whether additional child-specific regulation and awareness is necessary in order to accommodate the particular needs of the child.

It has been established, where necessary, whether additional child-specific regulation and awareness is necessary in order to adequately accommodate the particular needs of the child. The research thereby also assessed whether it is possible at all that ICC proceedings are sufficiently child sensitive. If not, it might be necessary to reconsider the possibility that children participate. Summarising the foregoing, the concrete objective this research focused on has been formulated as follows:

The research aims to provide informed insights into whether participation in ICC proceedings is in the best interests of the child.

When addressing these aims, it has been kept in mind that, even if victims, including children, participate in the proceedings before the Court and claim reparations, I agree with the perspective that the ICC has as its primary objective to ensure a fair trial for alleged perpetrators. Accordingly, throughout the entire research, the punitive nature has been of foremost importance when balancing the best interests of the child against the core objective of international criminal justice. Bearing in mind the objective of the ICC, the fight against impunity, an individual examination of a child (and in particular the individual child's best interests) could be considered to be beyond the capacities of a criminal court whose core task is to safeguard that alleged perpetrators receive a fair trial. One may therefore as such still question the principal relevance of child participation in ICC proceedings.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×