In December 2023, a significant milestone was achieved in the realm of advancing children’s access to justice. The International Criminal Court (ICC) Office of the Prosecutor (OTP) launched an updated version of their Policy on Children, revising the 2016 initial version. The revised Policy advises that children’s voices and experiences are taken into account in all the cases and at every stage, spanning from preliminary examination through investigations and trial proceedings. This marks a pivotal moment in adopting a more child-centric approach to accountability for violations and crimes affecting children in conflict.
IT IS ESSENTIAL TO ENSURE THAT CHILDREN ARE NOT RENDERED INVISIBLE BY ADULT-CENTRIC APPROACHES TO ACCOUNTABILITY
Children endure the same Rome Statute crimes as adults, including war crimes, crimes against humanity, and genocide. They face vulnerabilities such as forced recruitment and use by armed forces and armed groups, and are exposed, among others, to international crimes like torture, sexual violence, enforced disappearance, or intentional starvation. These atrocities impact children disproportionately and uniquely, considering their age, developmental stage, or societal circumstances. Despite protective measures under international law, children have often been perceived as a homogenous group, and not seen as a diverse group with distinctive needs, capabilities, and experiences.
The Policy recommends that, in every case and at every stage, children’s voices are heard, depending on their abilities, consent, and best interests.
TAKING A CHILD RIGHTS, CHILD-SENSITIVE AND CHILD-COMPETENT
To uphold children’s right to justice, accountability mechanisms must adopt a child rights, child-sensitive, and child-competent approach, guided by the best interests of each child. Practically, this involves recognising their unique rights, understanding their experiences, and ensuring the institutional and individual capabilities necessary for safe and effective engagement. The new version of the Policy emphasizes the need for employing various practices to ensure child-friendly justice. Pre-investigation, the ICC should engage with parents, caregivers, and adults, prioritizing ethical communication with children and conducting psychosocial assessments and risk evaluations. Throughout the case, a child-focused, sensitive, and competent approach should be maintained. In investigations, forensic evidence and expert insights are valued, emphasizing a child-friendly and trauma-informed approach. Techniques like audio-video recording minimize re-traumatisation. The updated Policy addresses some common misconceptions, urging not to see all children's experiences in the same light and emphasising their active involvement in the justice process.
VIOLENCE AGAINST CHILDREN IN CONFLICT IS NO LONGER TOLERATED
The new Policy indicates a strong commitment from the Court to significantly change its approach to reinforce accountability for violations and crimes affecting children. It is very promising. The Court now needs to operationalise this Policy throughout its work.
Since the start of its “Stop the War on Children” report series, Save the Children has sought to draw attention on the disproportionate impact that warfare has on children and constantly call on the international community to respect the international frameworks towards the protection of children from harm. Our work focuses around three pillars of what governments should commit to and implement in order to protect children in conflict situations at all costs. These are; upholding standards and norms for the protection of children in conflict, holding perpetrators of violations and crimes affecting children to account, and taking practical action to enable children’s recovery.
Relating to holding perpetrators of grave violations into account, Save the Children efforts have concentrated on analysing obstacles and challenges faced by the various international accountability mechanisms when it comes to the documentation and investigation of violations and crimes affecting and against children. Three main types of barriers emerged: attitudinal, financial, and structural. The attitudinal barriers consist for instance of treating children's experiences as uniform, disregarding their agency in justice processes, perceiving them as overly vulnerable or unreliable, and overlooking the importance and impact of their age and vulnerability. Additionally, structural and financial barriers arise from the limited specific strategies, procedures, and methodologies, combined with limited resources, bureaucratic constraints, and insufficient surge support. Engaging effectively with key stakeholders, particularly affected children, and their communities, presents a struggle, thus disabling children to be able to actively participate in their own justice processes.
Moving forward, we believe in the power of political and financial support. In the coming years, Save the Children will continue to draw attention on the experiences of children and advocates for their experiences to be fully taken into account justice processes. Sharing successful approaches and knowledge is essential in this effort. Through our advocacy work, we hope to encourage policies, fostering an approach that puts children at the centre.
The updated Policy gives an impetus to the ICC but also other international accountability mechanisms to strengthen the documentation and investigation of crimes and violations affecting children in conflict situations. It is a critical step towards acknowledging the wrongs they have suffered, breaking cycles of violence, and rebuilding peaceful societies based on the rule of law and bring child victims one step closer to the effective remedies, reparations, and accountability they deserve.
