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Children in Armed Conflict . Paris Principles for Children in Armed Conflict ( 1) Protection of children in emergencies Child- centred approaches to the prevention of conflict and to reconstruction and development ; Treatment of child rights violations within existing

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Presentation Transcript
slide3

Paris Principles for Children in Armed Conflict (1)

Protection of children in emergencies

Child-centredapproaches to the prevention of

conflict and to reconstruction and development;

Treatment of child rights violations within existing

human rights mechanisms;

slide4

Paris Principles for Children in Armed Conflict(2)

Role of the military in protecting child rights

Child in relation to peace and security agendas

special programming for adolescents in conflict

situations

Child-headed households;

slide5

Paris Principles for Children in Armed Conflict(3)

The role of women in conflict prevention,

management and resolution and her work at the

community and regional level

slide6

Follow Up Keyareas

  • Universal compliance with International norms
  • Ending impunity
  • Prioritizing the protection and care of children in
  • armed conflict;
  • Strengthening capacity and leadership;
  • Building peace while Preventing conflict.
slide7

The unspoken

Justice Served??

slide8

“In the end, in post-conflict countries,

the vast majority of perpetrators…

will never be tried, whether internationally

or domestically”

Chief Prosecutor O’Campos

ICC

slide9

Transitional Justice Mechanisms

Truth and reconciliation commissions

Local Justice Approaches

Angola, Mozambique, Rwanda, Sierra Leone,

Timor-Leste and Uganda

Chile, Argentina, Paraguay, Nicaragua, El Salvador

slide10

Reparations for Children

Trust fund

The International Criminal Court for victims

and their families; it will give priority to the

most vulnerable, including children

slide11

Reparations for Children (1)

  • 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
  • The Van Boven/BassiouniPrinciples
slide12

Reparations for Children (2)

Adopted and proclaimed by General Assembly

resolution 60/147

of 16 December 2005

slide13

Reparations for Children

The State is responsible for the violations and

as such Is the primary source of reparations

but persons (corporate or individual) could also

be held responsible

slide14

Victims

“Persons who individually or collectively

suffered harm… through acts or omissions that

constitute gross violations of international human

rights law, or serious violations of international

humanitarian law.”

In addition to these “direct” victims,

family members, dependents, and those who were

injured by intervening on the victim’s behalf may also

be considered victims.

slide15

The Child as a Victim (1)

“Child victims of armed conflict are individuals under 18,

or otherwise defined, who have suffered gross violations

under human rights law or humanitarian law in connection

with armed conflict..

slide16

The Child as a Victim (2)

States Parties shall take all appropriate measures to promote physical and

psychological recovery and social reintegration of a child victim of: any form

of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman

or degrading treatment or punishment; or armed conflicts.

Such recovery and reintegration shall take place in an environment which

fosters the health, self-respect and dignity of the child

slide17

The Child as a Victim (3)

Children can be victims of both generic and child-specific crimes.

Generic violations include any harm from which all individuals are protected,

such as torture, maiming, and sexual violence, as well as those against which

civilians are protected such as murder and hostage-taking.

Child-specific crimes are those against which children are protected due to their

particular vulnerabilities. The three child-specific violations in international

criminal law are: “the war crime of conscripting or enlisting children or

using them to participate actively in hostilities, the crime of genocide for

transferring children from one group to another and the

war crime of attacking schools and other buildings dedicated to education.”

slide18

Reparations for Victims (1)

  • Adequate, effective and prompt
  • Proportional to the gravity of the violations and the harm suffered
  • Range from symbolic to material in nature
  • They are Distinct from relief or development assistance
  • “must have some symbolic accompaniment to give them meaning”
slide19

Reparations for Victims (2)

Individual reparations:

identify and respond to each person who suffered harm,

Collective reparations

addressing violations suffered as a group

slide20

Characteristics of Reparations for Victims

restitution, or steps aimed at restoring victims to their

original circumstances prior to violations;

2) compensation, or recompense for “economically assessable

damage;”

3) rehabilitation, or provision of health, social, or legal services;

4) satisfaction, or measures aimed at acknowledging

responsibility for past abuses and the suffering of victims;

5) guarantees of non-repetition, or efforts to prevent future

violations.

slide21

Main Consequences (1)

“Observations on issues concerning reparations”

Office of Pubic Council for Victims (OPCV) within the International

Criminal Court (ICC)

3 long-term consequences: trauma, lost opportunities, and stigma.

Though their findings focus specifically on child soldiers,

boys and girls who suffer other violations in the context of armed

conflict may experience similar repercussions.

slide22

Main Consequences (2)

The stress of childhood maltreatment is associated with alterations

of biological stress systems, which in turn, leads to adverse effects on

brain development and delays in cognitive, language, and academic

skills.

Severe fear and anxiety

The negative impact of their experience as a child soldier can be

lifelong and may in turn cause further suffering

slide23

Main Consequences [girls]

Abducted, recruited into armed forces or groups, used in hostilities,

raped, forcibly impregnated, forced into ‘marriage,’

infected with HIV/AIDS and other sexually transmitted diseases,

Experienced psychological trauma and physical health problems.

little education and few skills, how to support themselves and their

children after conflict?

Rejected when returning home to family and communities

because they are considered immoral, impure, and burdensome