SESSION 7: INTERNATIONAL CRIMINAL JUSTICE

AT THE END OF SESSION 7, YOU SHOULD BE ABLE TO: Identify the fundamental principles of international criminal law and the core set of international crimes and how these relate to children Understand the relevance of international criminal law for UNICEFs work Identify alternative mechanisms of accountability, including truth commissions, national prosecutions and traditional methods 2 UNICEF

CORE CRIMES IN INTERNATIONAL CRIMINAL LAW Genocide Crimes Against Humanity War Crimes 3 UNICEF

Identification of a group based on nationality, race, ethnicity or religion GENOCIDE * The acts may take place in times of war or peace Commission of any of the acts in the definition against the group Intention to partially or totally destroy the group; and 4 UNICEF

The act must be committed : CRIMES AGAINST HUMANITY * The acts may take place in times of war or peace Pursuant to or in furtherance of a State or organisational policy to commit such attack As part of a widespread or systematic attack directed against a civilian population; and 5 UNICEF

The act must be committed: WAR CRIMES * The acts must take place during an armed conflict, whether international or non-international Against persons protected under one or more of the Geneva Conventions of 1949 In the context of and in the association with an armed conflict; and 6 UNICEF

WHY IS JUSTICE/ACCOUNTABILITY IMPORTANT FOR CHILDREN? Children as victims, witnesses and perpetrators Contributes to the process of healing Helps children understand that they are not to blame for what has happened Calls attention to violations of childrens rights Can help break the cycle of violence; restore confidence in democracy and the rule of law Special protections for child witnesses Child perpetrators: different forms of accountability 7 UNICEF

PRINCIPLE OF UNIVERSAL JURISDICTION All states have a legitimate interest in prosecuting perpetrators of core international crimes, regardless of where they are committed, by whom and against whom 8 UNICEF

ROME STATUTE FOR THE ICC Adopted in 1998 and entered into force on 1 July countries have ratified as of November 2003 ICC is located in the Hague Establishes a permanent tribunal to prosecute violations of the most serious crimes of international concern 9 UNICEF

OTHER ACCOUNTABILITY MECHANISMS JUDICIAL Ad Hoc Tribunal, e.g. ICTY and ICTR Special Courts, e.g. Special Court for Sierra Leone National courts NON-JUDICIAL Truth Commissions, e.g. South Africa Traditional Methods, e.g. Rwanda Gacaca System 10 UNICEF

Genocide - Forcibly transferring children to another group - Crimes of sexual violence CHILD-SPECIFIC CRIMES UNDER THE ICC War Crimes - Using, conscripting or enlisting children as soldiers - Crimes of sexual violence - Intentionally attacking schools - Attacks on humanitarian staff and objects Crimes Against Humanity - Crimes of sexual violence 11 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 1) How would you classify the massacre of the nearly 1 million ethnic Tutsis that occurred in Rwanda in 1994 at the hands of the Hutu ethnic group? As a war crime, a crime against humanity or genocide? 12 UNICEF

2) Can crimes against humanity be committed both in times of peace and war? CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 13 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 3) Can the same crimes constitute both a crime against humanity and a war crime? 14 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 4) Is it a war crime to voluntarily conscript or enlist a 16 year-old child to participate actively in hostilities? 15 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 5) Can a single isolated incident be considered a crime against humanity? 16 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 6) Can the forcible transfer of children from one group to another group constitute genocide when there is no war going on in the country? 17 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 7) Can the unintentional destruction of a school or hospital during an armed conflict constitute a war crime? 18 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 8) Can a single isolated incident be considered a war crime during an armed conflict? 19 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 9) During a non-international armed conflict, a State carries out a campaign of enforced pregnancy against women in a particular region of the country. What kind of crime has been committed? 20 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 10) Is it a war crime for parties to armed conflict to use children as messengers, even if they join voluntarily? 21 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 11) Is the forcible transfer of children from one group to another limited to physical force in order to constitute genocide? 22 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 12) Could the apartheid regime in South Africa be considered a crime against humanity? 23 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 13) Did the killing of over 1 million Cambodians during the Pol Pot regime constitute genocide? 24 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 14) Does the Rome Statute consider crimes of sexual violence as genocide? 25 UNICEF

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW 15) What are the two potential roles that children may have vis-à-vis the ICC? 26 UNICEF

Justice/accountability: draws attention to violations of childrens rights, can help break the cycle of violence, and restore confidence in democracy and the rule of law Children are often the victims of three core international crimes: genocide; crimes against humanity; and war crimes Children can be involved in judicial and non-judicial mechanisms for promoting accountability as victims, witnesses and perpetrators 27 UNICEF KEY MESSAGES