48 Resources Found
Listening to Young Voices: A Guide to Interviewing Children and Young People in Truth Seeking and Documentation Efforts
1 January 2018
This protocol provides guidance for interviewing children who have expressed a desire to participate in truth-seeking and documentation efforts, outlining protection principles, inquiry strategies, and behavioral guidelines for interacting with children. Created with a child-centered approach, the protocol is intended to increase the effectiveness of the response to violations committed against children in armed conflict. Available in English, Arabic, French, and Spanish.
Implementing the Rome Statute of the International Criminal Court
26 September 2017
These guidelines were created for national legislators, policy makers, and other accountability stakeholders who would benefit from learning about the different approaches States may have for the domestic implementation of the Rome Statute of the International Criminal Court. The purpose of this tool is to enable the reader to identify the appropriate method for incorporating international crime provisions into domestic legislation, address associated challenges, understand the core components that must be implemented, and guide national legislators through the implementation process. Section 12 (p.111-115) contains a helpful implementation checklist outlining the guiding principles which can be tailored to each State's priorities and individual concerns.
International Criminal Law Guidelines on Sexual and Gender-Based Violence Crimes
1 June 2017
These Guidelines aim to support the application of accountability initiatives by providing a concise overview of the legal requirements of seven underlying acts of sexual and gender-based violence crimes (SGBV) proscribed under the ICC Statute: rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, other forms of sexual violence and genocide by measures intended to prevent births. The Guidelines are directed to practitioners who wish to familiarise themselves with the legal requirements of SGBV crimes under international criminal law. Emblematic international case law as well as commentaries of independent human rights experts and leading publicists that address the seven SGBV crimes under the International Criminal Court Statute are reviewed.
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Best Practice on the Documentation of Sexual Violence as a Crime or Violation of International Law [Second Edition]
1 March 2017
This resource contains guidelines for the best practice of documenting and investigating sexual violence as a crime under international law. It is designed to assist human rights practitioners, international and national authorities, civil society, and investigators with practical guidance on managing risks, collecting and handling evidence, and addressing trauma. Chapter Sixteen (p.244-262) is dedicated to sexual violence against children, including the legal framework, ethical considerations, and guidance on engaging child witnesses and survivors. The first edition of the resource can be found on the same page in various languages including English, French, Spanish, Arabic, Serbo-Croatian, Farsi, Burmese, Albanian, and Swahili.
Policy on Children
1 November 2016
The International Criminal Court Office of the Prosecutor recognizes that most crimes under the Statute affect children in various ways, and that at times they are specifically targeted. The Office engages with children in various contexts and circumstances, notably children who are witnesses and those whose parents or caregivers have agreed to testify before the Court. In these interactions, the Office will consider the best interests, rights and well-being of children who are directly impacted by its activities. The Office will strive to ensure that its activities do no harm to the children with whom it interacts. The Office will adopt a child-sensitive approach in all aspects of its work involving children. This policy guides applying this approach.
Handbook on Complementarity- An Introduction to the Role of National Courts and the ICC in Prosecuting International Crimes
22 July 2016
This Handbook is intended to explain the main issues of law and practice related to complementarity for those who are not legal specialists. It is aimed at organizations and individuals that are not specicalists on the International Criminal Court or criminal law issues. It supports those who want to understand the basic legal issues as well as the broader contextual matters connected to complementarity by explaining how the complementarity regime works. After reading this handbook, readers should have a basic understanding of the ICC, the concept of complementarity, how key cases on the issue have been decided, what the different stages of the admissibility process entail, what it means for national legal systems, and what it means for other national actors, including civil society and victims’ representatives. Case studies include the following countries: Afghanistan, Colombia, Cote d’Ivoire, the Democratic Republic of the Congo, Kenya, and Libya. This resource is also available in French.
Reducing Risk, Strengthening Resilience: Toward the Structural Prevention of Atrocity Crimes
1 April 2016
This is a policy brief that outlines how to apply structural prevention of atrocity crimes, particularly at the national and local level. The recommendations intend to assist actors to reduce the occurrence of risk factors of atrocities and increase societal resilience. Particular to addressing serious violations against children in armed conflict, this brief includes rule of law, accountability, and commitment to guarantees of non-recurrence of violations as key to prevention and resilience. Also recommended is reforming legal and judicial systems for greater accountability and ensuring the legal empowerment of marginalized communities.
Age Assessment Guidelines to Prevent and Respond to Child Recruitment in the Afghanistan National Security Forces
15 February 2016
These are guidelines from the Afghanistan National Security Forces (ANSF). The document describes an age assessment process to prevent enlisting underage members into the national armed forceswhen identity documents are not available. Prepared by experts, practitioners, military officials, and UNICEF, these principles suggest an assessment based on five components including direct interviews with the individual, interviews with family and community members, crosschecking of all available information, documentation, and referral to services and reintegration. Child sensitive age assessment techniques are provided operating within international human rights obligations. This document and annexed checklists are applicable to both national armed forces and armed groups in order to ensure the enforcement of the international humanitarian law obligation to prevent the recruitment and use of child soldiers and to reform the recruitment process to prevent the violation before it happens. This resource is available in both English and Dari.
A Guide to Sexual and Gender-Based Violence Legal Protection in Acute Emergencies
1 January 2016
War Child Canada recognized an absence of independently evaluated and documented best practices in the legal protection sector. This guide outlines what works for survivor- centered sexual and gender based violence (SGBV) legal protection services in emergency settings, based on War Child Canada’s field practice, evidence and learning. While this guide is based on the learning from one specific environment – Northern Uganda immediately after the influx of South Sudanese refugees – it provides considerations and recommendations for contextualization to different contexts and regions
Accountability and Reconciliation in Peace Processes
31 December 2015
Through international case studies and analysis of different methods, this paper examines the range of measures that may help societies to achieve accountability and reconciliation, and explores the challenges faced in this field. Successful accountability measures draw on a critical understanding of experience from elsewhere, carefully adapted to the social, political and cultural context and questions of feasibility. This Handbook includes recommendations on making provisions for accountability and reconciliation in peace negotiations and methods for accountability and reconciliation, with case studies from Northern Ireland, Cambodia, and Rwanda.
Anti-Impunity Tool: Guidance for Investigating and Prosecuting Serious Violations against Children in Armed Conflict
11 December 2015
The Anti-impunity Tool: Guidance for Investigating and Prosecuting Serious Violations against Children in Armed Conflict (CAC Anti-Impunity Tool) is a practical guide to assist national judicial actors to investigate, prosecute, and try serious violations committed against children in armed conflict (CAC). It is also a resource for child protection and child rights actors (CPAs) on how to support efforts to end impunity for these violations. Conflict Dynamics International has designed this Tool to support national efforts to investigate and prosecute CAC violations alongside the 2015 Children in Armed Conflict Accountability Framework (CAC Accountability Framework), which supports prevention and remedy of serious violations of international law committed against children in armed conflict.
Guide pratique anti-impunité : Comment enquêter et intenter des poursuites judiciaires en cas de violations graves commises contre des enfants pendant les conflits armés
11 December 2015
Le Guide pratique anti-impunité : Comment enquêter et intenter des poursuites judiciaires en cas de violations graves commises contre des enfants pendant les conflits armés (en abrégé, le Guide pratique anti-impunité ECA) est censé aider les appareils judiciaires nationaux à instruire les cas de ce genre. Le guide est également censé aider les acteurs de la protection de l’enfance et en défense des droits de l’enfant à promouvoir la lutte contre l’impunité de ceux qui violent ces droits.
Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction (A Practitioners Guide)
1 March 2015
This resource supports investigating and punishing crimes of enforced disappearance and extrajudicial execution. It is based off a series of seminars and includes the perspectives of judges, prosecutors, non-governmental organizations, local authorities, journalists, and human rights practitioners. In addition to contextualizing both crimes under international law and in armed conflict, the resource includes guidance for investigation, using forensic science, and identifying direct and indirect victims of enforced disappearance. It discusses three specific situations (p.48-56) in which children are considered victims of enforced disappearance: when subject to enforced disappearance; when born during the captivity of a mother subjected to enforced disappearance; and when a parent, legal guardian, or other relative is subject to enforced disappearance. This resource was written in Spanish and translated to English, and is available in both languages.
Children in Armed Conflict Accountability Framework: A Framework for Advancing Accountability for Serious Violations against Children in Armed Conflict
This Framework is a practical resource that promotes accountability for serious violations of international law committed against children in armed conflict (CAC). It responds to the significant gap that exists in preventing and remedying these serious violations - and is designed to assist policymakers and practitioners working at all levels to bridge this gap. It provides individuals and organizations working in child protection, justice, peacebuilding, and related fields with a comprehensive definition and structure for understanding CAC accountability and practical guidance for developing well-informed, context-specific, and feasible options for advancing CAC accountability.
Marco de Rendición de Cuentas frente a los niños, las niñas y los jóvenes afectados por los conflictos armados
This resource is the Spanish version of the "Children in Armed Conflict Accountability Framework." El Marco de Rendición de Cuentas frente a los niños, las niñas y los jóvenes afectados por los conflictos armados es un recurso práctico que promueve mecanismos para abordar casos de violaciones graves derecho internacional cometidas contra los niños, las niñas y los jóvenes en situaciones de conflicto armado (rendición de cuentas sobre NNJ). Elaborado como respuesta al importante vacío existente en materia de prevención y reparación de este tipo de violaciones, este Marco aporta los siguientes elementos: 1. una definición completa y estructura para entender la cuestión de la rendición de cuentas sobre NNJ; 2. orientaciones metodológicas prácticas que pueden ser adaptadas y aplicadas en diferentes contextos con el objeto de aumentar las acciones de rendición de cuentas sobre NNJ.
The Long Road: Accountability for Sexual Violence in Conflict and Post-Conflict Settings
Researchers at the Human Rights Center at the University of California, Berkeley, School of Law, conducted a four-country study in Kenya, Liberia, Sierra Leone, and Uganda to identify key accountability barriers and strategies for reporting, investigating, and prosecuting cases of sexual violence. The resulting 279 interviews identified key themes related to the reporting, investigation, and prosecution of cases of sexual violence for domestic accountability for sexual violence committed as an international crime. Recommendations for domestic actors from across health, legal, judicial, and community sectors are included to address survivors’ claims of sexual violence both during and after periods of armed conflict and other emergencies, with specific mention of children's particular needs within legal processes.
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Basic Standards of Best Practices on the Documentation of Sexual Violence as a Crime under International Law
11 June 2014
This resource lays out the basic principles for the documentation of sexual violence as a crime under international law. Human rights and justice practitioners, as well as national and local security, judicial, law enforcement and investigative institutions may use these guidelines to establish an investigation and documentation process, conduct interviews, and manage evidence. Page 42 provides guidance on identifying child survivors and witnesses. Page 59 provides instruction on interviewing children.
Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions: Lessons learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda
30 January 2014
This resource shares lessons learned and best practices from the International Criminal Tribunal for Rwanda (ICTR) and outlines the need for a global strategy to deal with the investigation and prosecution of sexual violence crimes. It recognizes that sexual violence is committed against women, men, and children. It examines the investigation phase, pre-trial and trial phase, and appeal and post-trial phase. Annex D provides an example investigation work plan. Annex E provides an interview checklist.
Child Protection Model Law, Best Practices: Protection of Children from Neglect, Abuse, Maltreatment, and Exploitation
Citing 130 domestic laws from 68 countries, this resource provides models laws on child protection, including protection of children in situations of emergency and armed conflict, for legislators drafting or amending child protection laws. These model laws are based upon international standards and best practices on child protection, including the Convention on the Rights of the Child (CRC) and the Optional Protocol to the CRC on the involvement of children in armed conflict (OPAC).
Summary of ICTJ’s Recommendations to the ICC on Reparations in the Lubanga Case
This resource summarizes the ICTJ’s submission to the International Criminal Court (ICC) giving recommendations on reparations to victims in the Lubanga case. Recommendations included: ensuring information and access to justice for victims; holding reparations hearings within the Democratic Republic of the Congo; designing a combination of compensation, rehabilitation, satisfaction, and symbolic reparations depending on the category of victim; conducting needs assessment and gender analysis; involving communities; and ensuring perpetrators pay reparations.
Children and Justice During and in the Aftermath of Armed Conflict
This resource supports advocacy initiatives aimed at strengthening States’ protection of children’s rights and best interests during and after armed conflict. It examines children as victims and witnesses in judicial processes such as courts and tribunals, and in non-judicial processes such as truth and reconciliation commissions and traditional and restorative justice mechanisms. This report also looks at the concepts of reparations and reintegration. It uses the international legal framework and case studies to create recommendations for States, UN agencies, civil society organizations, and child protection actors.
Through a New Lens: A Child-Sensitive Approach to Transitional Justice
Based on assessments of Colombia, Democratic Republic of the Congo, Liberia, and Nepal, this resource examines the ways in which transitional justice can engage children and consider their needs. It assesses the extent to which truth-seeking mechanisms, criminal justice, reparations, and institutional reform have raised awareness about the victimization of children.
Bridging the Accountability Gap: New Approaches to Addressing Violations Against Children in Armed Conflict
This resource examines the accountability gap for violations committed against children in situations of armed conflict. It evaluates actions to attain accountability through efforts at the national level, UN Security Council, and international level. The report provides several policy options to address the accountability gap and features case studies in the Democratic Republic of the Congo and Colombia.
Criteria for the Design and Evaluation of Juvenile Justice Reform Programmes
This resource identifies good practice for juvenile justice programs and develops a set of criteria for their design and evaluation based on the rights of the child enshrined in international norms and standards. This resource also considers basic principles and programs for child victims and witnesses of crimes. The annex includes sample programming goals, objectives, outcomes, and potential impact.
Toolkit on Diversion and Alternatives to Detention
This resource is an online toolkit that provides practical guidance on advocating and implementing diversion and alternatives to detention for children in conflict. Diversion means channeling children in conflict away from judicial proceedings to be dealt with by non-judicial bodies. This resource explores steps for implementation, including data management, monitoring and evaluation, and planning. It also includes a list of additional resources, such as fact sheets and case studies.
Children and Security Sector Reform in Post-conflict Peace-building
This resource considers children and youth in the post-conflict peacebuilding phase of restoring justice and security. It discusses national structures and mechanisms, such as hybrid courts, domestic prosecution, and truth commissions, and articulates their relevance to children and young people. This report also explores the role of civil society organizations in building accountability and good governance within the security sector.
Prosecuting International Crimes Against Children: The Legal Framework
This resource provides an overview of state obligations under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children. Using an example of the Omar Khadr case, this resource also explores international norms regarding children accused of participating in the commission of these crimes.
Behind the Uniform: Training the military in child rights and children protection in Africa
In 1998, Save the Children Sweden began training military personnel, including pre-deployed peacekeepers, in child rights and child protection across Africa. This resource outlines the training program and provides a summary of its achievements, challenges, lessons learned, and recommendations. Annex 3 includes the international legal framework for child protection in conflict settings. Annex 5 lists the materials used during trainings.
ICTY Manual on Developed Practices
This resource shares the International Criminal Tribunal of Yugoslavia’s (ICTY) experiences and established practices in the prosecution and adjudication of cases involving war crimes and serious violations of international humanitarian law. This manual is intended for actors prosecuting crimes during armed conflict in national and international jurisdictions. It provides guidelines on opening an investigation and information gathering, interviewing witnesses, indictments, issuing arrest warrants, pre-trial proceedings, trial and case management, and enforcement of sentences.
Justice in Matters involving Child Victims and Witnesses of Crime: Model Law and Related Commentary
A companion to UN ECOSOC’s Guidelines on Justice in Matters involving Child Victims and Witnesses of Crimes, this resource is intended to assist the design or review of laws and practices regarding child victims and witnesses of crimes. These model laws can assist States in adapting their legislation to meet the provisions contained in the guidelines or other international instruments such as the Convention on the Rights of the Child (CRC).
Rule-of-Law Tools for Post-Conflict States: Amnesties
Intended for practitioners, this resource explores the concept of amnesty and considers the relationship between amnesties and other processes of transitional justice, such as truth commissions, the right to remedy and reparations, and disarmament, demobilization and reintegration programs. This resource also incorporates relevant rules of international law and United Nations policy when drafting amnesties.
Handbook on Legislative Reform: Realising Children’s Rights, Vol. 1
In order to support implementation of the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), this resource examines constitutional and legislative reforms in favor of the rights of children. Taking a human rights-based approach, it considers various guiding principles, rights of victims, prevention, criminalization, and processes and entry points for constitutional and legislative reforms.
Guidance Note of the Secretary-General: UN Approach to Justice for Children
This resource is intended to provide guidance for children’s activities in pre-crisis, crisis, and post-crisis contexts, with particular attention to achieving justice for children at the national level. This resource includes nine guiding principles and a framework for a justice approach to child protection and child participation.
Transitional Justice: Information Handbook
This resource looks at the goals of transitional justice post-conflict and factors for determining appropriate transitional justice mechanisms. It provides guidelines on criminal prosecutions, truth commissions, vetting, reparations and compensation.
Children as Active Citizens: A Policy and Programme Guide
This resource considers commitments and obligations for children’s civil rights and civic engagement in East Asia and the Pacific. It aims to strengthen children’s civil rights and provides guidance on capacities, structures, and resources needed to strengthen children’s civil rights. The annex includes a checklist to assess children’s citizenship and civil rights at the national level. This resource is intended for decision-makers at the national level and service providers to realize civil rights for children.
The OECD DAC Handbook on Security Systems Reform (SSR): Supporting Security and Justice
This resource provides guidelines on security sector reform and governance and the design, implementation, and evaluation of such programs. Intended to inform donor support for SSR, this resource specifically targets development, security, rule of law, and diplomatic actors. This resource also discusses developing an integrated approach to SSR for countries emerging from conflict and related issues such as transitional justice and disarmament demobilization, and reintegration programs.
Supporting the Realization of Children’s Rights through a Rights-Based Approach to Legislative Reform
This resource aims to guide UNICEF regional and country offices in programming for child rights in legislative reform and creating the necessary human and financial resources for legislative reform. This resource links the issue of legislative reform to the key international policies and laws and emphasizes the importance of the national legal system. The resource concludes by examining cross-cutting issues and challenges and provides indicators, sample program plans, and checklists.
Justice as Prevention: Vetting Public Employees in Transitional Societies
The second volume in the ICTJ’s Advancing Transitional Justice Series, this resource is comprised of a collection of essays that explores the issue of vetting in a variety of countries and contexts. Chapter 13 examines vetting and transitional justice. The appendix includes operational guidelines for vetting public employees in post-conflict settings.
Rule-of-Law Tools for Post-Conflict States: Mapping the justice sector
This resource aims to assist UN missions and transitional administrations in mapping the justice sector to understand how it operates in states before and during conflict. This resource provides an overview of key institutions, mechanisms, and priorities such as linkages between institutions and oversight bodies or accountability mechanisms. Page 14 focuses on traditional justice.
Rule-of-Law Tools for Post-Conflict States: Prosecution initiatives
This resource lays out the basic considerations for prosecution initiatives and aims to assist United Nations staff when addressing challenges to prosecuting perpetrators of genocide, crimes against humanity, and war crimes. It focuses on the technical, domestic challenges of such prosecutions and highlights considerations that should be applied to all prosecutorial initiatives. It examines strategic considerations, trial management and due process, and forms of interventions such as hybrid tribunals.
Rule-of-Law Tools for Post-Conflict States: Truth Commissions
This resource establishes principles and standards for the creation of truth commissions and explores core operational activities such as statement-taking, building a database, research and investigations, public hearings, public outreach, and report writing. It also explores the link between truth commissions, prosecutions, reparations, vetting, and reforms. The role of national and international NGOs in truth commissions is considered. Meant to assist field missions and transitional administrations, this resource uses lessons learned from previous UN field missions in Sierra Leone and Timor-Leste.
Rule-of-Law Tools for Post-Conflict States: Vetting: an operational framework
Written for United Nations field staff and others responsible for institutional and personnel reform in post-conflict states, this resource provides an overview of vetting as a tool of institutional reform and transitional justice. It also explores the conditions of transitional personnel reform, operational guidelines for assessment and designing the vetting process, and considerations regarding the political conditions surrounding reform.
Vetting Public Employees in Post-Conflict Settings: Operational Guidelines
This resource provides guidance on vetting in post-conflict settings. It includes an overview of factors that determine a vetting process, designing a vetting process, different types of vetting, and other relevant institutional reforms. The annex includes a vetting checklist, a capacity and integrity framework, and relevant conventions and codes for vetting in security and judicial sectors.
Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime
22 July 2005
This resource establishes good practices in order ensure full respect of the rights of child victims and witnesses of crimes. These guidelines can assist governments, organizations, and professionals in designing and implementing legislation, program and practices at the national, regional, and international levels. The document emphasizes that child victims and witnesses have the right to be treated with dignity and compassion, to be protected from discrimination, to be informed, to be heard and express views and concerns, to effective assistance, to privacy, to be protected from hardship during the justice process, to safety, to repatriation, and to special preventative measures.
Gender-Based Violence Legal Aid: A Participatory Toolkit
This resource is intended to assist field staff design gender-based violence (GBV) services and GBV legal aid using a participatory approach. Intended for actors in the humanitarian, justice, and security sector, this toolkit provides a preliminary assessment tool, action planning worksheets, and guidelines and indicators on monitoring and evaluating gender-based violence programs.
International Criminal Justice and Children
This resource introduces the international framework for children and justice, including international legal protection standards and judicial and non-judicial accountability mechanisms. It takes a particular look at protection of children in times of war and use of child soldiers, as well as protection of children as victims and witnesses. In particular, it outlines the role of the International Criminal Court (ICC), as well as its relation to national justice systems. Finally, it gives some concrete recommendations on the role of children in non-judicial mechanisms like truth commissions and traditional accountability mechanisms.
Monitoring and Investigating Human Rights Abuses in Armed Conflict
This resource considers monitoring human rights abuses in situations of armed conflict and provides information required to prepare for fact-finding missions, as well as guidelines on how to investigate and verify information and determine sufficient proof. The annexes include relevant international and regional human rights laws in Africa. An overview of human rights abuses against children in situations of armed conflict is provided on page 33.
Child Rights and Child Protection before, during, and after conflict: Training Manual for Military Personnel
Drafted for military trainers, this resource is intended to train military personnel and familiarize them with the legal instruments of child protection and child rights. The manual’s themes include the legal standards on child rights and child protection, the effects of armed conflict on children, and collaborating with humanitarian organizations and civil authorities. Additional materials include handouts, exercises, checklists, and other visuals.
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