39 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.
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.
Implementing the Guidelines - A Toolkit to guide understanding and implementation of the Guidelines for Protecting Schools and Universities from Military use During Armed Conflict
28 March 2017
This Toolkit is based upon the "Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict" and designed to assist national Ministries of Defense, military trainers, officers and soldiers, and their equivalent for non-state armed groups, involved in the planning and conduct of military operations. The Toolkit includes training materials, and guidance for planning and executing military operations to assist with decisions about the use and targeting of institutions dedicated to education. It can also support peace operations ranging from the deployment of individual and small numbers of unarmed military observers, through individual and formed police units, to battlegroup and battalion sized military units.
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.
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.
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.
Child Soldiers: A Handbook for Security Sector Actors
1 September 2014
The Roméo Dallaire Initiative’s landmark publication, Child Soldiers: A Handbook for Security Sector Actors aims to highlight and reinforce the various roles that security sector actors (i.e. military, police, prison personnel and peacekeepers) can play in protecting all children affected by war. Pages 68-76 cover security sector actors' roles in supporting monitoring and reporting serious violations against children in armed conflict. This Handbook is available in French and English.
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.
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.
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.
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.
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.
Psychosocial Support for Children: Protecting the Rights of Child Victims and Witnesses in Transitional Justice Processes
This resource outlines the importance of psychosocial support for children in their participation in transitional justice mechanisms, such as international tribunals, hybrid tribunals, and truth commissions. It also provides an overview of policies and procedures which protect the rights of child participants in truth, justice, and reconciliation efforts.
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.
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: Reparations Programmes
This resource provides a practical guide for implementing effective reparations programs. It focuses on establishing out-of-court reparations programs to redress gross and serious violations of human rights in conflict settings. It also examines kinds of benefits, financing reparations, linking with other justice measures, and making programs gender-sensitive.
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.
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.
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.
Children and Armed Conflict: International Standards for Action
This resource is a compilation of legal standards and norms regarding children and armed conflict, including the rights of the child, international humanitarian law, law on refugees and internally displaced persons, international criminal law, and UN Security Council resolutions.
Legal Protection of Children in Armed Conflict
A fact sheet developed by the ICRC’s advisory service on international humanitarian law, this resource explains the general and special legal protection afforded to children during armed conflict under the Geneva Conventions and Additional Protocols and the role of States and the International Criminal Court (ICC) in upholding these protection standards.
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.
Children Not Soldiers: Guidelines for working with child soldiers and children associated with fighting forces
This resource provides guidance for practitioners working with children involved in armed conflict. Part 1 includes an overview of the responsibilities of states, the international community, and non-state armed groups, and the legal framework that grounds all action to protect children associated with fighting forces. Part 2 addresses the military recruitment of children.
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