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The International Court of Justice (ICJ) has stated that "a very widespread and representative participation in (a) practice might suffice of itself" to elevate it to customary international law, provided it includes participation from "States whose interests were specifically affected."
Under Article 53 of the 1969 Vienna Convention on the Law of Treaties:
"a norm (is) accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character."
The UN's National Law Commission affirmed this principle saying:
state "obligations arise from those substantive rules of conduct that prohibit what has come to be seen as intolerable because of the threat it presents to the survival of states and their people and the most basic human values."
Juvenile justice and rehabilitation models are instructive in nations like Germany. In the 1970s, its Juvenile Justice Act (JJA) adopted alternative measures for suspensions, probation, community service, and a day-fine system. From 1982 - 1990, its youth incarceration rate decreased by over 50%. In 1990, its JJA was amended to include alternatives to incarceration, including education, disciplinary measures and special sanctions.
Only if unsuccessful is imprisonment with the possibility of suspension and probation used. It's considered a measure of last resort. For youths aged 14 - 17, minimum sentences are six months and maximum ones five years. For serious crimes, no more than 10 years are imposed, with no possibility of LWOP or death sentences. Germany's low juvenile recidivism is testimony to the system's success.
Other models also work well, including in New Zealand and the Georgia Justice Project's (GJP) approach to reduce crime in Atlanta. A privately-funded NGO, it's recidivism rate is 18.8% (compared to the national 50 - 60% average) through counseling, treatment, employment and education. These measures help child offenders rebuild their lives to effectively reintegrate into society successfully.
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