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Special protection of children in international humanitarian law


Author: Zaharia Virginia
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2016
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution: Moldova State University

Status

The thesis was presented on the 9 September, 2016
Approved by NCAA on the 6 October, 2016

Abstract

Adobe PDF document – 0.90 Mb / in romanian

Thesis

CZU 341.231.14-053.2

Adobe PDF document 1.53 Mb / in romanian
176 pages

Keywords

child, international protection, armed conflict, combatants, victim, recruitment, international crime, international liability.

Summary

Goal and objectives of the thesis: The purpose of this PhD thesis is to research in-depth and multidimensional content the special protection of children under International Humanitarian Law, which will contribute to the scientific rationale for the institution legal protection of children under international humanitarian law. To this end, the objectives pursued through this research are the following: providing a definition of a child in the light of international law instruments; analyzing the mechanism of recruiting children as soldiers; analyzing the legal status of a child-soldier; assessing the practices of states that allow or tolerate the direct participation of children in hostilities; analyzing the measures prohibiting recruitment of children – soldiers; analyzing the international and national law sanctions regulating the issue of child recruitment.

Scientific novelty and originality of the paper refers to the crosscutting and interdisciplinary approach of the concepts of child, recruitment, general protection of victims of armed conflicts, special protection of children in armed conflicts.

Scientific problem solved in the thesis is the determination of the level of organization of special protection of the child under international humanitarian law, stressing the need for regulating explicit situations encountered in contemporary armed conflicts requires additional child protection by submitting concrete recommendations, which allows to improve the understanding by theorists and practitioners of international law containing numerous acts often confused and contradictory for interpretation, application and research of the correct treated concepts.

Theoretical significance of the paper: the study has a profound scientific approach, specifically referring to the innovative approach to protection mechanisms for children during armed conflicts. The thesis is proposed for supporting a scientific approach focused on the concept of child-depth content and special international legal protection of the child.

Applicative value of the paper The thesis is for students, masters, PhD, lecturers and educational institutions both in the auditorium of civil and military institutions profile. Obviously, the study may be useful to practitioners when they are concerned about the results of scientific investigations in the matter of special international protection of children under International Humanitarian Law.

Implementation of scientific results excellently fits the directions of the researches conducted by the staff of the Department of International and European Law of the State University of Moldova, hence successfully contributing to the improvement of the existing curriculum of international humanitarian law discipline.