The topic of this book may appear at first sight very specialized since it deals with a specific category of victims, children, whose rights are violated in the specific context of an armed conflict. However, its principal merit is precisely to fill a gap in existing literature by addressing the legal challenges posed by violations of children's rights in armed conflicts and by the dearth of adequate reparations mechanisms against a very broad background and to dwell in depth on these challenges both on the theoretical and normative level and on the practical side. The book offers indeed a thorough investigation of the current normative framework for reparations for child victims and of all relevant issues emerging at the implementation level, not only purely legal ones and not only those already addressed by most scholars, such as reparations for child soldiers. Moreover, the author proposes original and innovative solutions to improve existing reparations mechanisms and to foster the potential that different forms of reparations may develop.
In the first part of the book, the author analyses the current legal framework and identifies the shortcomings and the gaps that are still hindering the implementation of the rights of child victims to adequate, effective and prompt reparations. The analysis of the peculiar status of children as victims of armed conflict and the focus on the concept of vulnerability are enlightening (Chapters 1 and 2). Notwithstanding the specific necessities of children victims and the fact that the idea of individuals having a right to reparation is gaining momentum in the international community, available rules and mechanisms concerning the award of reparations are still vague and rudimentary and the obligations of States in this field very difficult to enforce. In addition, the book highlights the lack of binding documents imposing obligations to provide reparations to non-State actors, in particular to non-State armed groups that are responsible for many violations committed against children (and not only) in the context of non-international armed conflicts (Chapters 3 and 4).
In the second part of the book, the author offers a critical overview of existing judicial, ‘quasi-judicial’ and non-judicial mechanisms and scrutinizes the cases in which reparations were awarded both in international and regional settings. This section of the book portrays the merits and pitfalls of complaint mechanisms of UN treaty bodies, devoting specific attention to the Third Optional Protocol to the Convention on the Rights of the Child on a Communication Procedure. It then delves into the rights of children to obtain reparations before ad hoc international criminal tribunals (ICTY and ICTR), mixed courts (the Special Court for Sierra Leone) and the International Criminal Court, including a detailed analysis of the decision on reparations in the Lubanga case (Chapter 5). It also assesses instruments available in the framework of the African and Inter-American human rights systems (Chapter 6). Eventually, non-judicial mechanisms are taken into account, including truth commissions, national reparation programmes, and disarmament, demobilization and reintegration programmes (Chapter 7).
In the concluding chapter (Chapter 8) Francesca Capone recaps the main problems emerging from the analysis: absence of binding rules to make non-State armed groups accountable, lack of enforcement mechanisms for IHL violations, paucity of procedures taking into account the specificity of child victims and aimed at addressing long-term consequences of violations perpetrated against children. In order to fill the void caused by the lack of rules imposing on non-State actors an obligation to provide reparations, the author suggests the adoption of an international binding instrument enshrining the principles laid down in the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (adopted in 2005 by the UN General Assembly) and including provisions designed to address the specific necessities of children. The author also emphasizes the need to implement child-friendly procedures at the international, regional and domestic level, where ultimately most victims seek redress.
One of the virtues of the book is the careful examination of the innovative case-law of the Inter-American Court of Human Rights, that developed the notion of ‘aggravated responsibility’ for violations and crimes committed against the most vulnerable subjects, although not always being able to render it decisive when reparations were awarded. According to Capone, the notion of ‘aggravated responsibility’ (although not yet a consolidated legal principle) should be taken into account both when dealing with compensation for damages suffered by children and when adopting measures aimed at their rehabilitation and at ensuring guarantees of non-repetition.
The book definitely meets the expectation of the reader and represents a precious source of reference for lawyers and practitioners active in the field of children's rights and working for their social reintegration after the war. Francesca Capone not only provides a comprehensive analysis of the topic and proposes solutions to improve existing reparations mechanisms, but she also succeeds in showing that one of the keys to moving forward is building on children's capability to be actively involved in transitional justice processes.
