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Omar Khard Colombia Paraguay Congo Liberia

Cases to be Analysed. Omar Khard Colombia Paraguay Congo Liberia. How to Analyse?. The General Socio-Economic and Historical Context . Universal Patters. The analysis of the general situation of the country that has experienced armed conflict

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Omar Khard Colombia Paraguay Congo Liberia

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  1. Cases to be Analysed OmarKhard Colombia Paraguay Congo Liberia

  2. How to Analyse? The General Socio-Economic and Historical Context

  3. Universal Patters • The analysis of the general situation of the country that has experienced armed conflict • Positions, views, actions, decisions, proposals, challenges, attitudes and behaviours of the different powers , in order to achieve peace and the protection of children from armed conflict!

  4. Different visions// Different versions • The analysis required must contain your own opinion of the facts. This opinion is yours. You are completely entitle to have it in accordance to your own vision, version and ethical position. • I kindly advice you to contrast the information gathered in class with the one that you can find in the UPR reports of the States to the Human Rights Council. Or on the State reports to CRC and other bodies or in the shadow reports or in the opinions held by Amnesty International or Human Rights Watch. • You are encourage also to consult the website of the USA State Department of Labour “Children in Armed conflict” at: • http://www.dol.gov/ilab/programs/ocft/armedconflict.htm

  5. Reflections • What are the main issues at the socio-economic level that prevent the eradication of • Children involved in armed conflicts? • What are the circumstances that stop the possibility to build peace in the countries that • have been analysed? • Does the Security Council have power to prevent the enlisting and conscripting of • children and to achieve the eradication of children involved on armed conflicts? • Do you think that in the analysis of the cases you have done, justice for children has been • served? • What is your opinion on the activities of the ICC with regard to children? • Do you think that the current legal framework is the appropriate response for the current • problematic living by the world? • Do you think that external struggles and/or external powers have a direct impact in the • current armed conflicts?

  6. Fundamental Issues It is possible to recover from the trauma of an armed conflict? Are the punishments proportionated to the offence? Does the international community has a real interest on eliminating this problem? Are the current laws enough to deter the problem? Do you think that the historical and economic roots of the country have some impact or significance on their resort to war?

  7. More Questions! • Does the socio-economic factors play a role in the armed conflict? • Are the authorities’ and the first aid’ actions provided by the State proper for the victims? • It is enough with the compliance with the legal framework? • Do you think that exist accountability for the offenders? • Do you think that it is possible to reintegrate? • Do you have a proposal to stop this happenings?

  8. Do you think that the Prosecutors are entitled to make deals? Or do you think that these offences should be punished heavily? Could any deal comply with general principles of law? It is good for the victim? Did this decision send a message for the society? What are the moral/ethics/ thoughts exposed during the discussions on the trial?

  9. Legal Issues • What are the main facts of the offence? • Are the main international treaties related to children in armed conflict applicable in these cases? • Do you think that the International Humanitarian Law is complied currently • Do you think that the Security Council decisions are complied? • What role plays the CRC on the trials against offenders? • What role plays CRC on the rehabilitation and reintegration of children? • Are you in agreement with the current accountability system? • Is there an appropriated legal response? 22

  10. Questions Human Rights Subjects!! • Human rights of the victims vs. human rights of the offenders • Access to justice for the victim vs. access to justice for offenders • Media position related to the offence. Freedom of information or bias?

  11. Miriam Estrada-Castillo miriam.estrada@rwi.lu.se Raoul Wallenberg Institute 12

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