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 UNICEF’s work

Identify alternative mechanisms of accountability, including truth commissions, national prosecutions and traditional methods

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CORE CRIMES IN INTERNATIONAL CRIMINAL LAW

Genocide

Crimes Against Humanity

War Crimes

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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

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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

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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 theGeneva Conventions of 1949

In the context of and in the association with an armedconflict; and

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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 children’s 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 accountability7

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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

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ROME STATUTE FOR THE ICC

Adopted in 1998 and entered into force on 1July 2002. 92 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”

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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

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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

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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?

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2) Can crimes against humanity be committed both in times of peace and war?

CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

3) Can the same crimes constitute both a crime against humanity and a war crime?

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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?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

5) Can a single isolated incident be considered a crime against humanity?

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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?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

7) Can the unintentional destruction of a school or hospital during an armed conflict constitute a war crime?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

8) Can a single isolated incident be considered a war crime during an armed conflict?

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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?

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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?

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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?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

12) Could the apartheid regime in South Africa be considered a crime against humanity?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

13) Did the killing of over 1 million Cambodians during the Pol Pot regime constitute genocide?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

14) Does the Rome Statute consider crimes of sexual violence as genocide?

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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW

15) What are the two potential roles that children may have vis-à-vis the ICC?

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Justice/accountability: draws attention to violations of children’s 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

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KEY MESSAGES