33 Resources Found
Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System
26 January 2018
This handbook is designed for national authorities and provides guidance on the treatment of children recruited and exploited by terrorist and violent extremist groups, with emphasis on the role of the justice system. The main objectives of the handbook are to prevent the recruitment of children, identify effective justice responses to these children, and promote their rehabilitation and reintegration. The target audience is both law and policymakers who design policies of prevention and treatment as well as practitioners dealing directly with children in these contexts.
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.
Checklist for Drafting Children and Armed Conflict Provisions in Ceasefire and Peace Agreements
31 October 2016
This checklist for mediators and those involved in negotiating peace terms will assist in ensuring that child protection is represented in the language of peace agreements. Acknowledging the significance of incorporating children early on in the peace process, this source provides guidance on the effective release and reintegration of child soldiers and integrating the six grave violations against children during armed conflict into transitional justice mechanisms to end impunity and ensure children's access to justice. It also outlines the role of former child soldiers in the transition to peace as primarily victims who must be reintegrated into society with long-term support rather than other armed group members who may be integrated into the regular armed forces.
Accountability and Reconciliation in Peace Processes
31 December 2015
Through international case studies and analysis of different methods, this paper examines the range of measures that may help societies to achieve accountability and reconciliation, and explores the challenges faced in this field. Successful accountability measures draw on a critical understanding of experience from elsewhere, carefully adapted to the social, political and cultural context and questions of feasibility. This Handbook includes recommendations on making provisions for accountability and reconciliation in peace negotiations and methods for accountability and reconciliation, with case studies from Northern Ireland, Cambodia, and Rwanda.
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.
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.
100 Best Practices in Child Protection
A collection of successful initiatives by civil society organizations and government agencies, this resource provides examples of initiatives aimed at child protection. Part VI on page 90 examines child protection initiatives in situations of emergency and armed conflict, with examples from Iraq, Uganda, Gaza, Liberia, and Rwanda. Part VII on page 100 provides examples of child protection initiatives in the justice system.
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.
Minimum Standards for Child Protection in Humanitarian Action
This resource aims to establish common principles amongst child protection actors. It provides guidance on strengthening coordination, improving the quality of programming, and improving accountability within child protection work. Standard 11 on page 102 examines children associated with armed forces or armed groups and provides key actions, measurements, and guidance notes on advocacy, awareness, prevention, release, identification and verification, interim care, family tracing and reunification, reintegration, and family reunification. Standard 14 on page 128 discusses justice for children and provides key actions and measurement indicators.
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.
Through a New Lens: A Child-Sensitive Approach to Transitional Justice
Based on assessments of Colombia, Democratic Republic of the Congo, Liberia, and Nepal, this resource examines the ways in which transitional justice can engage children and consider their needs. It assesses the extent to which truth-seeking mechanisms, criminal justice, reparations, and institutional reform have raised awareness about the victimization of children.
Bridging the Accountability Gap: New Approaches to Addressing Violations Against Children in Armed Conflict
This resource examines the accountability gap for violations committed against children in situations of armed conflict. It evaluates actions to attain accountability through efforts at the national level, UN Security Council, and international level. The report provides several policy options to address the accountability gap and features case studies in the Democratic Republic of the Congo and Colombia.
Guidelines on Action for Children in the Justice System in Africa
Intended for African governments, this resource aims to provide guidance on implementing African Union (AU) and other regional and international treaty bodies. The guidelines include a set of overarching principles, general measures of implementation, an overview of child friendly justice, fair trial rights for children in conflict with the law and for child victims and witnesses, and alternative care proceedings. This resource also discusses traditional justice and provides minimum standards for traditional courts.
Criteria for the Design and Evaluation of Juvenile Justice Reform Programmes
This resource identifies good practice for juvenile justice programs and develops a set of criteria for their design and evaluation based on the rights of the child enshrined in international norms and standards. This resource also considers basic principles and programs for child victims and witnesses of crimes. The annex includes sample programming goals, objectives, outcomes, and potential impact.
Toolkit on Diversion and Alternatives to Detention
This resource is an online toolkit that provides practical guidance on advocating and implementing diversion and alternatives to detention for children in conflict. Diversion means channeling children in conflict away from judicial proceedings to be dealt with by non-judicial bodies. This resource explores steps for implementation, including data management, monitoring and evaluation, and planning. It also includes a list of additional resources, such as fact sheets and case studies.
Prosecuting International Crimes Against Children: The Legal Framework
This resource provides an overview of state obligations under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children. Using an example of the Omar Khadr case, this resource also explores international norms regarding children accused of participating in the commission of these crimes.
DDR, Transitional Justice, and the Reintegration of Former Child Combatants
This resource explores how transitional justice measures may positively affect former child combatants by reducing social exclusion from their communities. It considers several issues in relation to reintegration of children; such issues include truth-telling, reparations, local justice, and prosecutions.
Report and Proposals for the Implementation of Reparations in Sierra Leone
This resource evaluates a one-year project by the UN and the Government of Sierra Leone to implement the recommendations for reparations found the Sierra Leone Truth and Reconciliation Commission’s Final Report. The report summarizes the findings of the evaluation and provides recommendations to improve the Sierra Leone reparations program.
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
Transitional Justice: Information Handbook
This resource looks at the goals of transitional justice post-conflict and factors for determining appropriate transitional justice mechanisms. It provides guidelines on criminal prosecutions, truth commissions, vetting, reparations and compensation.
Rule of Law tools for Post-Conflict States: 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.
Rule-of-Law Tools for Post-Conflict States: Truth Commissions
This resource establishes principles and standards for the creation of truth commissions and explores core operational activities such as statement-taking, building a database, research and investigations, public hearings, public outreach, and report writing. It also explores the link between truth commissions, prosecutions, reparations, vetting, and reforms. The role of national and international NGOs in truth commissions is considered. Meant to assist field missions and transitional administrations, this resource uses lessons learned from previous UN field missions in Sierra Leone and Timor-Leste.
Technical notes: Special Considerations for Programming in Unstable Situations
Prepared for UNICEF staff working to assist children and women in emergencies, this resource assists in identifying and prioritizing needs of children and designing and implementing interventions in unstable environments. It covers topics such as education, children separated from families, protecting the rights of the child, internally displaced children and women, child combatants, and juvenile justice.
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.
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.
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.
Child Protection: A handbook for parliamentarians
Intended to assist parliaments and their members in legislating and promoting child protection, this resource provides an overview of specific child protection issues and explains international standards on child protection. Chapter 7 examines the issue of children and armed conflict. Other issues examined include sexual exploitation of children, harmful traditional practices, alternative care, juvenile justice, and the rights of child victims.
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.
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