46 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.
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.
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
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.
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.
The Role of Communities in Protecting Education from Attack: Lessons Learned
This resource lays out guidelines for implementing programs that protect education from attack. Included is a 10-step guideline for working in collaboration with local communities, examples for various case studies around the world, and strategies for staffing, working with local partners, and using child participation. The document uses Cote d’Ivoire as a case study of how communities worked with UN agencies and international NGOs and presents key findings.
Education and the Law of Reparations in Insecurity and Armed Conflict
With a focus on reparations, this resource examines how attacks against education during insecurity and armed conflict have previously been redressed and how they may be redressed in the future. It considers education as a form of reparation and explores how education may minimize the risk of future conflict. The appendix includes international and regional treaties, as well as relevant cases.
Lessons in War: Military Use of Schools and other Education Institutions during Conflict
This resource outlines the military use of education institutions and the consequences of such use on students, teachers, and scholars. It includes an overview a list of initiatives to address armed forces’ and armed groups’ use of education institutions, including the UN Monitoring and Reporting Mechanism, Committee of the Rights of the Child, and voluntary commitments by non-state armed groups. It also provides relevant laws restricting the use of education institutions by armed forces and groups.
Submission on the principles to be applied, and the procedure to be followed by the chamber with regard to reparations
10 May 2012
This resource contains UNICEF’s submission to the International Criminal Court in the prosecution against Thomas Lubanga Dyilo from the Democratic Republic of the Congo. The document contains UNICEF’s recommendations for the principles and criteria that should guide the ICC’s decisions to awarding reparations.
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.
Working with Men and Boy Survivors of Sexual and Gender-Based Violence in Forced Displacement
Intended to emphasize programs on sexual and gender-based violence (SGBV) that include men and boys, this resource provides guidance on accessing survivors, providing protection, and delivering medical, legal, and social services. It contains key considerations for inclusive SGBV programming and a list of key resources.
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.
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.
Children and Armed Conflict: A Guide to International Humanitarian and Human Rights Law
This resource provides an overview of the international legal framework, and explains the practical applicability of the law and standards as they relate to children and armed conflict. This resource also discusses internally displaced children; sexual violence against children; child labor; children and landmines and cluster bombs; children and small armed and light weapons; child victims, witnesses and perpetrators of crimes; and the role of children in peace processes.
Knowledge on Fire: Attacks on Education in Afghanistan, Risks and Measures for Successful Mitigation
A case study of Afghanistan, this resource provides an overview of threats and attacks on education, including the nature of attacks and risk factors. It concludes with recommendations about how to mitigate and prevent attacks on schools, paying special attention to the roles of communities.
Children’s and Adolescents’ Participation and Protection From Sexual Abuse and Exploitation
This resource highlights government commitments regarding the participation of children and adolescents in combating sexual abuse and exploitation. It includes children’s recommendations to end abuse and exploitation and provides recommendations for strengthening child and youth participation in child protection.
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.
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.
Implementing Victims’ Rights: A Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation
This resource was created as a companion to the UN’s Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. It was intended to help guide non-governmental and civil society organizations advocate for victims’ rights as primary concern in state action.
Protecting Children from Sexual Exploitation & Sexual Violence in Disaster & Emergency Situations: A guide for local & community based organisations
This resource aims to provide guidance for local grassroots organizations in the protection of children from sexual violence and sexual exploitation. It explores relevant legal and policy frameworks and existing protection frameworks. This resource also includes key actions to minimizing the risks of sexual violence, such as advocacy and campaigning, protection committees, creating safe spaces, and psychosocial support and education. The annex includes checklists for action.
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.
Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
This UN General Assembly resolution provides principles related to State's obligations concerning reparations to victims of international humanitarian and human rights abuses. Victims have a right to be treated humanely and with respect, to access justice and relevant information, and to be afforded adequate and effective reparation without discrimination.
Fighting back: Child and community-led strategies to avoid children’s recruitment into armed forces and groups in West Africa
Using case studies from Ivory Coast, Liberia, and Sierra Leone, this resource focuses on strategies to prevent children’s recruitment in armed forces and groups. Strategies to prevent recruitment include developing targeted messages, avoiding separation, providing alternative care, schooling and skills training, and improving livelihoods. Intended to inform initiatives by governments, the UN, and non-governmental organizations, this resource also provides an overview of what constitutes voluntary and forced recruitment.
Sierra Leone Truth and Reconciliation Commissions Reports
This resource is the final report of the Sierra Leone Truth and Reconciliation Commission, held from 2002 to 2004. Volume Two, Chapter 3 contains recommendations concerning legal, political, and administrative reforms and measures, and includes a specific category for children. Volume Two, Chapter 4 provides the legal basis for reparations, lists categories for eligible beneficiaries, including children, and makes recommendations on according the benefits and effectively implementing the reparation program.
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.
Children Participating in Research, Monitoring and Evaluation - Ethics and your responsibility as a manager
This resource considers ethical issues and challenges around involving children in M&E programs given children’s right to part to participate. It provides an overview of what participation means and issues such as accountability, protection of children’s best interests, informing children, informed consent, and equity and non-discrimination. It also includes a checklist of questions for research and monitoring and evaluation managers when including child participation in research.
Human Rights and Law Enforcement: A Trainer’s Guide on Human Rights for the Police
Part of OHCHR’s professional training series, this resource provides an outline of training on human rights topics, group exercises, instructions, guidance for trainers, and handouts, including on the protection of juveniles. This resource is designed to complement OHCHR’s International Human Rights Standards for Law Enforcement and the Human Rights Standards and Practice for the Police: Expanded Pocket Book on Human Rights for the Police.
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