45 Resources Found
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.
Addressing the Gaps in Security Sector Training: The Detention of Child Soldiers
1 March 2017
This chapter (p.389-402) in the book "Protecting Children against Torture in Detention: Global Solutions for a Global Problem" published by the Anti-Torture Initiative at the Washington College of Law explores the unique role of child soldiers as children, victims, and as soldiers which each must be considered in the comprehensive response of security sector actors in their demobilization and protection. Case studies of child soldiers detained as security threats and violations they experience including torture, ill-treatment, and arbitrary detention highlight the urgent need for better training in the security sector. Recommendations for the training of security sector actors on child soldiers includes to frame trainings in the overall prevention of child soldiers, pre-deployment training for confrontation with child soldiers, and the inclusion of specific child protection concerns in line with the 'best interests of the child' principle.
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.
Checklist for Drafting Children and Armed Conflict Provisions in Ceasefire and Peace Agreements
31 October 2016
This checklist for mediators and those involved in negotiating peace terms will assist in ensuring that child protection is represented in the language of peace agreements. Acknowledging the significance of incorporating children early on in the peace process, this source provides guidance on the effective release and reintegration of child soldiers and integrating the six grave violations against children during armed conflict into transitional justice mechanisms to end impunity and ensure children's access to justice. It also outlines the role of former child soldiers in the transition to peace as primarily victims who must be reintegrated into society with long-term support rather than other armed group members who may be integrated into the regular armed forces.
Supporting reconciliation in post-conflict situations
2 October 2016
This report covers several approaches to supporting reconciliation in post-conflict contexts. Designed as an e-learning document, the report provides general information about a variety of approaches, pros and cons of said approaches, indications of what roles donors can play, and covers Islamic reconciliation modalities available.
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.
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
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.
Education and Transitional Justice: Opportunities and Challenges for Peacebuilding
16 November 2015
This report, part of a joint research project by ICTJ and UNICEF on the intersections of education, transitional justice, and peacebuilding, explores how a transitional justice framework can help to identify educational deficits relating to the logic of past conflict and/or repression and inform the reconstruction of the education sector. Drawing on comparative experiences from around the world, it looks at how formal and informal education can help facilitate the work of transitional justice measures and vice versa. Page 35 begins practical recommendations for Transitional Justice practitioners, policymakers, civil society actors, education practitioners, policymakers, and donors. For more on the project, visit the project webpage: https://www.ictj.org/our-work/research/education-peacebuilding
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.
Protecting Education in Countries Affected by Conflict: Legal Accountability and the Duty to Protect (Booklet 2)
31 August 2012
This booklet covers legal accountability and the duty to protect. Explaining how and why attacks on education violate international law and have serious long-term consequences, this booklet gives an overview of the problem, potential responses, and guidelines to train others to protect education. This booklet is part of a series providing guidance and resources for field practitioners on critical protection-related issues. The booklets should be used alongside the Inter-Agency Network for Education in Emergencies "Minimum Standards for Education: Preparedness, Response, Recovery." The compendium of booklets is available here: http://reliefweb.int/report/world/protecting-education-countries-affected-armed-conflict
Informal Justice Systems: Charting a Course for Human Rights-Based Engagement
This resource explores how informal justice systems and programs that include such systems can promote respect for human rights. It provides an overview of issues that international development and justice actors should consider before involvement informal justice mechanisms. This resource considers the place of children’s rights and women’s rights within informal justice systems.
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.
Guidelines on Action for Children in the Justice System in Africa
Intended for African governments, this resource aims to provide guidance on implementing African Union (AU) and other regional and international treaty bodies. The guidelines include a set of overarching principles, general measures of implementation, an overview of child friendly justice, fair trial rights for children in conflict with the law and for child victims and witnesses, and alternative care proceedings. This resource also discusses traditional justice and provides minimum standards for traditional courts.
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.
DDR, Transitional Justice, and the Reintegration of Former Child Combatants
This resource explores how transitional justice measures may positively affect former child combatants by reducing social exclusion from their communities. It considers several issues in relation to reintegration of children; such issues include truth-telling, reparations, local justice, and prosecutions.
What is Transitional Justice?
1 January 2009
This two-page fact sheet describes transitional justice; where it came from and how it is used as a response to systematic or widespread violations of human rights. The aims of transitional justice will vary depending on the context but these features are constant: the recognition of the dignity of individuals; the redress and acknowledgment of violations; and the aim to prevent them happening again. Transitional justice is often approached in the following forms: criminal prosecutions, truth seeking/fact finding, reparations, reforms. More information is also available on the International Center for Transitional Justice website: https://www.ictj.org/about/transitional-justice
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).
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.
UNHCR Handbook for the Protection of Women and Girls
This resource provides an overview of the legal standards and responsibilities to protect women and girls. It discusses issues such as displacement, prevention, reintegration, participation in peacebuilding processes, and the administration of justice during displacement for formal, traditional, and transitional mechanisms. Chapter 6 provides an overview of the international and regional legal framework. This resource is intended for UNHRC staff, both at headquarters and in the field, and protection partners.
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.
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.
Child Soldiers: Preventing, Demobilizing and Reintegrating
Drawing on case studies from Angola and El Salvador, this resource provides examples, techniques and checklists on prevention, demobilization, and reintegration of child soldiers. It considers issues such as family reunification and community-based networks, psychosocial and traditional healing, and education and economic opportunity. It also includes checklists, lessons learned, and the international legal framework.
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.
Justice in Matters involving child victims and witnesses of crime: Online training
This free online self-learning tool is intended for practitioners working in an area related to child victims and witnesses of crime. Registration is required.
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