38 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 Criminal Law Guidelines on Sexual and Gender-Based Violence Crimes
1 June 2017
These Guidelines aim to support the application of accountability initiatives by providing a concise overview of the legal requirements of seven underlying acts of sexual and gender-based violence crimes (SGBV) proscribed under the ICC Statute: rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, other forms of sexual violence and genocide by measures intended to prevent births. The Guidelines are directed to practitioners who wish to familiarise themselves with the legal requirements of SGBV crimes under international criminal law. Emblematic international case law as well as commentaries of independent human rights experts and leading publicists that address the seven SGBV crimes under the International Criminal Court Statute are reviewed.
Addressing the Gaps in Security Sector Training: The Detention of Child Soldiers
1 March 2017
This chapter (p.389-402) in the book "Protecting Children against Torture in Detention: Global Solutions for a Global Problem" published by the Anti-Torture Initiative at the Washington College of Law explores the unique role of child soldiers as children, victims, and as soldiers which each must be considered in the comprehensive response of security sector actors in their demobilization and protection. Case studies of child soldiers detained as security threats and violations they experience including torture, ill-treatment, and arbitrary detention highlight the urgent need for better training in the security sector. Recommendations for the training of security sector actors on child soldiers includes to frame trainings in the overall prevention of child soldiers, pre-deployment training for confrontation with child soldiers, and the inclusion of specific child protection concerns in line with the 'best interests of the child' principle.
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Best Practice on the Documentation of Sexual Violence as a Crime or Violation of International Law [Second Edition]
1 March 2017
This resource contains guidelines for the best practice of documenting and investigating sexual violence as a crime under international law. It is designed to assist human rights practitioners, international and national authorities, civil society, and investigators with practical guidance on managing risks, collecting and handling evidence, and addressing trauma. Chapter Sixteen (p.244-262) is dedicated to sexual violence against children, including the legal framework, ethical considerations, and guidance on engaging child witnesses and survivors. The first edition of the resource can be found on the same page in various languages including English, French, Spanish, Arabic, Serbo-Croatian, Farsi, Burmese, Albanian, and Swahili.
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.
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
Anti-Impunity Tool: Guidance for Investigating and Prosecuting Serious Violations against Children in Armed Conflict
11 December 2015
The Anti-impunity Tool: Guidance for Investigating and Prosecuting Serious Violations against Children in Armed Conflict (CAC Anti-Impunity Tool) is a practical guide to assist national judicial actors to investigate, prosecute, and try serious violations committed against children in armed conflict (CAC). It is also a resource for child protection and child rights actors (CPAs) on how to support efforts to end impunity for these violations. Conflict Dynamics International has designed this Tool to support national efforts to investigate and prosecute CAC violations alongside the 2015 Children in Armed Conflict Accountability Framework (CAC Accountability Framework), which supports prevention and remedy of serious violations of international law committed against children in armed conflict.
Guide pratique anti-impunité : Comment enquêter et intenter des poursuites judiciaires en cas de violations graves commises contre des enfants pendant les conflits armés
11 December 2015
Le Guide pratique anti-impunité : Comment enquêter et intenter des poursuites judiciaires en cas de violations graves commises contre des enfants pendant les conflits armés (en abrégé, le Guide pratique anti-impunité ECA) est censé aider les appareils judiciaires nationaux à instruire les cas de ce genre. Le guide est également censé aider les acteurs de la protection de l’enfance et en défense des droits de l’enfant à promouvoir la lutte contre l’impunité de ceux qui violent ces droits.
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.
International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Basic Standards of Best Practices on the Documentation of Sexual Violence as a Crime under International Law
11 June 2014
This resource lays out the basic principles for the documentation of sexual violence as a crime under international law. Human rights and justice practitioners, as well as national and local security, judicial, law enforcement and investigative institutions may use these guidelines to establish an investigation and documentation process, conduct interviews, and manage evidence. Page 42 provides guidance on identifying child survivors and witnesses. Page 59 provides instruction on interviewing children.
Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions: Lessons learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda
30 January 2014
This resource shares lessons learned and best practices from the International Criminal Tribunal for Rwanda (ICTR) and outlines the need for a global strategy to deal with the investigation and prosecution of sexual violence crimes. It recognizes that sexual violence is committed against women, men, and children. It examines the investigation phase, pre-trial and trial phase, and appeal and post-trial phase. Annex D provides an example investigation work plan. Annex E provides an interview checklist.
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.
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.
Operational Guide to the Integrated Disarmament, Demobilization and Reintegration Standards
This resource is intended to accompany the Integrated DDR Standards (IDDRS) document. As an operational guide, this resource summarizes key guidance from each IDDRS module. Guidance 5.20 and 5.30 focus on youth and children DDR; it examines reintegration programming, advocacy, and prevention of recruitment.
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.
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.
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.
The OECD DAC Handbook on Security Systems Reform (SSR): Supporting Security and Justice
This resource provides guidelines on security sector reform and governance and the design, implementation, and evaluation of such programs. Intended to inform donor support for SSR, this resource specifically targets development, security, rule of law, and diplomatic actors. This resource also discusses developing an integrated approach to SSR for countries emerging from conflict and related issues such as transitional justice and disarmament demobilization, and reintegration programs.
The Paris Principles. Principles and Guidelines on Children Associated with Armed Forces or Armed Groups
The Paris Commitments and Principles and Guidelines on children associated with armed forces or armed groups consolidate global humanitarian knowledge and experience in working to prevent recruitment, protect children, support their release from armed forces or armed groups and reintegrate them into civilian life. The Paris Principles and Commitments build on the Cape Town principles and best practices on the recruitment of children into the armed forces and on demobilization and social reintegration of child soldiers in Africa (Cape Town principles) which were adopted in 1997.
Stolen Futures: The Reintegration of Children Affected by Armed Conflict
This resource identifies issues related to children who have been associated with armed forces and groups and have then been released and reintegrated into their families or communities. It highlights several important points such as successful reintegration techniques, special consideration for girls, and a child rights approach to reintegration. It also gives consideration to preventing re-recruitment, community-based initiatives, and increasing children’s livelihood and vocational training.
Integrated Disarmament, Demobilization and Reintegration Standards
This resource is intended to guide practitioners on a range of disarmament, demobilization and reintegration activities and programs. Module 5.20 looks specifically at youth and DDR and considers socio-economic reintegration strategies for youth and young-ex-combatants, gender issues, and socio-political integration. Module 5.30 examines children and DDR and considers programming, access of children to DDR programs, prevention of recruitment and re-recruitment of children, and DDR programming for girls.
Rule-of-Law Tools for Post-Conflict States: Mapping the justice sector
This resource aims to assist UN missions and transitional administrations in mapping the justice sector to understand how it operates in states before and during conflict. This resource provides an overview of key institutions, mechanisms, and priorities such as linkages between institutions and oversight bodies or accountability mechanisms. Page 14 focuses on traditional justice.
Rule-of-Law Tools for Post-Conflict States: Prosecution initiatives
This resource lays out the basic considerations for prosecution initiatives and aims to assist United Nations staff when addressing challenges to prosecuting perpetrators of genocide, crimes against humanity, and war crimes. It focuses on the technical, domestic challenges of such prosecutions and highlights considerations that should be applied to all prosecutorial initiatives. It examines strategic considerations, trial management and due process, and forms of interventions such as hybrid tribunals.
Rule-of-Law Tools for Post-Conflict States: Truth Commissions
This resource establishes principles and standards for the creation of truth commissions and explores core operational activities such as statement-taking, building a database, research and investigations, public hearings, public outreach, and report writing. It also explores the link between truth commissions, prosecutions, reparations, vetting, and reforms. The role of national and international NGOs in truth commissions is considered. Meant to assist field missions and transitional administrations, this resource uses lessons learned from previous UN field missions in Sierra Leone and Timor-Leste.
Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime
22 July 2005
This resource establishes good practices in order ensure full respect of the rights of child victims and witnesses of crimes. These guidelines can assist governments, organizations, and professionals in designing and implementing legislation, program and practices at the national, regional, and international levels. The document emphasizes that child victims and witnesses have the right to be treated with dignity and compassion, to be protected from discrimination, to be informed, to be heard and express views and concerns, to effective assistance, to privacy, to be protected from hardship during the justice process, to safety, to repatriation, and to special preventative measures.
Support to Former Child Soldiers: Programming and Proposal Evaluation Guide
This resource provides best practices and lessons learned in programming for children affected by armed conflict, with a focus on child soldiers. In addition to an overview of the relevant international legal standards regarding the recruitment and use of children, this resource also provides a grid to evaluate proposals or design programs to support former child soldiers. Other tools include a risk probability and impact matrix and checklists on prevention, demobilization, and reintegration.
A Fighting Chance: Guidelines and implications for programmes involving children associated with armed groups and armed forces
Intended for staff of Save the Children, this document provides guidelines for programs related to children associated with armed groups and armed forces. The resource contains an overview of key protection issues, international standards, and Save the Children’s program experience. It also considers prevention, monitoring and reporting of recruitment and re-recruitment, challenges facing girls, and children conceived or born to girls in armed groups and armed forces.
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.
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.
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.
Cape Town Principles and Best Practices
30 April 1997
Adopted at the Symposium on the 'Prevention on recruitment of children into armed forces and on demobilization and social reintegration of child soldiers in Africa,' the Cape Town Principles and Best Practices provide guidance on prevention of child recruitment, demobilization of child soldiers, and reintegration into family and community life. This resource provides guiding principles, such giving priority to children in a demobilization process or considering the special protection needs of children who leave armed groups before the end of hostilities.
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