session 7: international criminal justice. at the end of session 7, you should be able to: identify...
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SESSION 7: INTERNATIONAL CRIMINAL JUSTICE
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AT THE END OF SESSION 7, YOU SHOULD BE ABLE TO:
Identify the fundamental principles of international criminal law and the core set of international crimes and how these relate to children
Understand the relevance of international
criminal law for UNICEF’s work
Identify alternative mechanisms of accountability, including truth commissions, national prosecutions and traditional methods
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CORE CRIMES IN INTERNATIONAL CRIMINAL LAW
Genocide
Crimes Against Humanity
War Crimes
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Identification of a group based on nationality, race, ethnicity or religion
GENOCIDE
* The acts may take place in times of war or peace
Commission of any of the acts in the definition against the group
Intention to partially or totally destroy the group; and
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The act must be committed :
CRIMES AGAINST HUMANITY
* The acts may take place in times of war or peace
Pursuant to or in furtherance of a State or organisational policy to commit such attack
As part of a widespread or systematic attack directed against a civilian population; and
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The act must be committed:
WAR CRIMES
* The acts must take place during an armed conflict, whether international or non-international
Against persons protected under one or more of theGeneva Conventions of 1949
In the context of and in the association with an armedconflict; and
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WHY IS JUSTICE/ACCOUNTABILITY IMPORTANT FOR CHILDREN?
Children as victims, witnesses and perpetrators
Contributes to the process of healing
Helps children understand that they are not to blame for what has happened
Calls attention to violations of children’s rights
Can help break the cycle of violence; restore confidence in democracy and the rule of law
Special protections for child witnesses
Child perpetrators: different forms of accountability7
UNICEF
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PRINCIPLE OF UNIVERSAL JURISDICTION
All states have a legitimate interest in prosecuting
perpetrators of core international crimes, regardless of where they are committed, by whom and against whom
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ROME STATUTE FOR THE ICC
Adopted in 1998 and entered into force on 1July 2002. 92 countries have ratified as of November 2003
ICC is located in the Hague
Establishes a permanent tribunal to prosecute violations of “the most serious crimes of international concern”
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OTHER ACCOUNTABILITY MECHANISMS
JUDICIAL Ad Hoc Tribunal, e.g.
ICTY and ICTR
Special Courts, e.g. Special Court for Sierra Leone
National courts
NON-JUDICIAL Truth Commissions,
e.g. South Africa
Traditional Methods, e.g. Rwanda Gacaca System
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Genocide- Forcibly transferring children to another group- Crimes of sexual violence
CHILD-SPECIFIC CRIMES UNDER THE ICC
War Crimes- Using, conscripting or enlisting children as soldiers- Crimes of sexual violence- Intentionally attacking schools- Attacks on humanitarian staff and objects
Crimes Against Humanity- Crimes of sexual violence
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
1) How would you classify the massacre of the nearly 1 million ethnic Tutsis that occurred in Rwanda in 1994 at the hands of the Hutu ethnic group? As a war crime, a crime against humanity or genocide?
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2) Can crimes against humanity be committed both in times of peace and war?
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
3) Can the same crimes constitute both a crime against humanity and a war crime?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
4) Is it a war crime to voluntarily conscript or enlist a 16 year-old child to participate actively in hostilities?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
5) Can a single isolated incident be considered a crime against humanity?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
6) Can the forcible transfer of children from one group to another group constitute genocide when there is no war going on in the country?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
7) Can the unintentional destruction of a school or hospital during an armed conflict constitute a war crime?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
8) Can a single isolated incident be considered a war crime during an armed conflict?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
9) During a non-international armed conflict, a State carries out a campaign of enforced pregnancy against women in a particular region of the country. What kind of crime has been committed?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
10) Is it a war crime for parties to armed conflict to use children as messengers, even if they join voluntarily?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
11) Is the forcible transfer of children from one group to another limited to physical force in order to constitute genocide?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
12) Could the apartheid regime in South Africa be considered a crime against humanity?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
13) Did the killing of over 1 million Cambodians during the Pol Pot regime constitute genocide?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
14) Does the Rome Statute consider crimes of sexual violence as genocide?
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CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
15) What are the two potential roles that children may have vis-à-vis the ICC?
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Justice/accountability: draws attention to violations of children’s rights, can help break the cycle of violence, and restore confidence in democracy and the rule of law
Children are often the victims of three core international crimes: genocide; crimes against humanity; and war crimes
Children can be involved in judicial and non-judicial mechanisms for promoting accountability as victims, witnesses and perpetrators
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KEY MESSAGES