33 Resources Found
Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System
26 January 2018
This handbook is designed for national authorities and provides guidance on the treatment of children recruited and exploited by terrorist and violent extremist groups, with emphasis on the role of the justice system. The main objectives of the handbook are to prevent the recruitment of children, identify effective justice responses to these children, and promote their rehabilitation and reintegration. The target audience is both law and policymakers who design policies of prevention and treatment as well as practitioners dealing directly with children in these contexts.
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 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.
Handbook on Civil Society Documentation of Serious Human Rights Violations
1 January 2016
The purpose of this Handbook is to provide guidelines and best practices for the collection and management of information on serious human rights situations for civil society actors who are not professionally trained in such documentation practices. While the Handbook strongly emphasizes the need to for civil society to leave the work to professionals, practice shows that this is not always possible and as a last resort civil society actors may consider engaging in some documentation practices and not in others. The Handbook offers guidance on ethical principles and documentation to prevent/mitigate harm, identify security risks, preserve crime scenes, prevent the loss of evidence, and manage the information in manner that preserves confidentiality, security and probative value, with an eye to possible use in later redress processes and without jeopardizing the future work of professionally trained and officially appointed investigators.
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.
Communication and Report Drafting in Monitoring, Reporting, and Fact-finding Mechanisms
1 July 2014
This report addresses how, when and to what extent monitoring, reporting, and fact-finding missions finding (MRF) missions mandated to investigate alleged violations of international human rights law and international humanitarian law should engage in public communication. MRFs face a tension between the contrasting needs for confidentiality and public communication. Similar challenges surround the process of drafting reports. This paper examines how MRF practitioners have responded to these challenges to provide lessons learned.
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.
Protection of Witnesses, Victims and Staff in Monitoring, Reporting, and Fact-Finding Mechanisms
7 February 2014
One dilemma that practitioners face in serving on monitoring, reporting, and fact-finding (MRF) missions concerns the protection of witnesses, victims, and staff. Witnesses' and victims' statements account for the predominant evidence when investigating human rights violations, but in coming forward they put themselves at risk. MRF missions' staff also face security risks. Additionally, the ad hoc nature of such missions is in contrast with the need to ensure protection on a long-term scale. This paper analyzes how past MRF missions have grappled with these risks and measures that can be taken by MRF professionals to mitigate them.
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.
Guiding Principles for the Domestic Implementation of a Comprehensive System of Protection for Children Associated with Armed Forces or Armed Groups
15 September 2011
This resource aims to clarify existing obligations of State parties, facilitate respect for existing obligations, and promote the implementation of relevant legal provisions. It contains recommendations by the ICRC for practical, regulatory, and legal measures to promote the effective domestic implementation of international rules to protect children affected by armed conflict. This resource considers specific issues such as recruitment, juvenile justice, preventative measures, reparations, transitional justice, and disarmament, demobilization, and reintegration programs.
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.
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.
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.
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.
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.
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: 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.
Technical notes: Special Considerations for Programming in Unstable Situations
Prepared for UNICEF staff working to assist children and women in emergencies, this resource assists in identifying and prioritizing needs of children and designing and implementing interventions in unstable environments. It covers topics such as education, children separated from families, protecting the rights of the child, internally displaced children and women, child combatants, and juvenile justice.
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.
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.
Ukweli: Handbook on Monitoring and Documenting Human Rights Violations in Africa
This resource defines key activities related to human rights contact-building, monitoring, fact-finding, and documenting. It also defines the principles of accuracy, confidentiality, impartiality, and gender-sensitivity for conducting research on human rights violations. Based on the experience of African human rights defenders, this resource provides guidance for national and local human rights organizations and activists who are new to human rights research and human rights law. An accompanying ‘A Handbook for Community Activists’ is also available.
Filter resources by
CAC Accountability Components
Submit a resource