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SESSION 7: INTERNATIONAL CRIMINAL JUSTICE

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

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SESSION 7: INTERNATIONAL CRIMINAL JUSTICE

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  1. SESSION 7: INTERNATIONAL CRIMINAL JUSTICE

  2. 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 UNICEF 2

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

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

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

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

  7. 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 accountability 7 UNICEF

  8. 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 UNICEF 8

  9. ROME STATUTE FOR THE ICC Adopted in 1998 and entered into force on 1 July 2002. 92 countries have ratified as of November 2003 Establishes a permanent tribunal to prosecute violations of “the most serious crimes of international concern” ICC is located in the Hague UNICEF 9

  10. 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

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

  12. 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? UNICEF 12

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

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

  15. 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? UNICEF 15

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

  17. 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? UNICEF 17

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

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

  20. 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? UNICEF 20

  21. 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

  22. 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? UNICEF 22

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

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

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

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

  27. KEY MESSAGES 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 UNICEF 27

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