30 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.
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.
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.
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
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.
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.
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
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.
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.
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.
Guidelines for the Alternative Care of Children, UN General Assembly Resolution 64/142
24 February 2010
This resource provides UN guidelines for the alternative care of children, which are intended to enhance implementation of the Convention on the Rights of the Child (CRC). This resource is intended to assist and encourage governments to implement their responsibilities and obligations towards children, including in situations of armed conflict.
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.
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
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).
Handbook on Legislative Reform: Realising Children’s Rights, Vol. 1
In order to support implementation of the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), this resource examines constitutional and legislative reforms in favor of the rights of children. Taking a human rights-based approach, it considers various guiding principles, rights of victims, prevention, criminalization, and processes and entry points for constitutional and legislative reforms.
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.
Implementation Handbook for the Convention on the Rights of the Child
This resource is intended as a practical guide for explaining and implementing the Convention on the Rights of the Child and the two Optional Protocols. This resource summarizes each article and provides comments, recommendations, and an implementation checklist. The appendices include a list of other key legal and policy instruments.
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.
Guide to the Optional Protocol on the Involvement of Children in Armed Conflict
This resource aims to help child protection actors within governmental and non-governmental organizations advocate for the ratification and implementation of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC). This resource emphasizes the monitoring and reporting requirements of the Committee on the Rights of the Child (CRC).
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.
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.
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