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2 Can crimes against humanity be committed both in times o

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2) Can crimes against humanity be committed both in times of peace and war? ... 12) Could the apartheid regime in South Africa be considered a crime against humanity? ... – PowerPoint PPT presentation

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Title: 2 Can crimes against humanity be committed both in times o


1
SESSION 7 INTERNATIONAL CRIMINAL JUSTICE
2
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 UNICEFs work
  • Identify alternative mechanisms of
    accountability, including truth commissions,
    national prosecutions and traditional methods

?UNICEF
2
3
CORE CRIMES IN INTERNATIONAL CRIMINAL LAW
Genocide
Crimes Against Humanity
War Crimes
3
?UNICEF
4
GENOCIDE
Identification of a group based on nationality,
race, ethnicity or religion
Intention to partially or totally destroy the
group and
Commission of any of the acts in the definition
against the group
The acts may take place in times of war or peace
?UNICEF
4
5
CRIMES AGAINST HUMANITY
The act must be committed
As part of a widespread or systematic attack
directed against a civilian population
and
Pursuant to or in furtherance of a State or
organisational policy to commit such attack
The acts may take place in times of war or peace
?UNICEF
5
6
WAR CRIMES
The act must be committed
In the context of and in the association with an
armed conflict and
Against persons protected under one or more of
the Geneva Conventions of 1949
The acts must take place during an armed
conflict, whether international or
non-international
6
?UNICEF
7
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 childrens
    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
    accountability

7
?UNICEF
8
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

?UNICEF
8
9
ROME STATUTE FOR THE ICC
Adopted in 1998 and entered into force on 1
July 2002. 92 countries have ratified as of
November 2003
Establishes a permanent tribunal to prosecute
violations of the most serious crimes of
international concern
ICC is located in the Hague
?UNICEF
9
10
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

10
?UNICEF
11
CHILD-SPECIFIC CRIMES UNDER THE ICC
Genocide - Forcibly transferring children to ano
ther group
- Crimes of sexual violence
Crimes Against Humanity - Crimes of sexual viole
nce
War Crimes - Using, conscripting or enlisting ch
ildren as soldiers - Crimes of sexual violen
ce - Intentionally attacking schools - Attacks
on humanitarian staff and objects
?UNICEF
11
12
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?
?UNICEF
12
13
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
2) Can crimes against humanity be committed both
in times of peace and war?
?UNICEF
13
14
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
3) Can the same crimes constitute both a crime
against humanity and a war crime?
?UNICEF
14
15
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?
?UNICEF
15
16
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
5) Can a single isolated incident be considered a
crime against humanity?
?UNICEF
16
17
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?
?UNICEF
17
18
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
7) Can the unintentional destruction of a school
or hospital during an armed conflict constitute a
war crime?
?UNICEF
18
19
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
8) Can a single isolated incident be considered a
war crime during an armed conflict?
19
?UNICEF
20
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?
?UNICEF
20
21
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?
21
?UNICEF
22
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?
?UNICEF
22
23
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
12) Could the apartheid regime in South Africa be
considered a crime against humanity?
23
?UNICEF
24
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
13) Did the killing of over 1 million Cambodians
during the Pol Pot regime constitute genocide?
24
?UNICEF
25
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
14) Does the Rome Statute consider crimes of
sexual violence as genocide?
?UNICEF
25
26
CORE CRIMES OF INTERNATIONAL CRIMINAL LAW
15) What are the two potential roles that
children may have vis-à-vis the ICC?
?UNICEF
26
27
Justice/accountability draws attention to
violations of childrens rights, can help break
the cycle of violence, and restore confidence in
democracy and the rule of law Children are ofte
n 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
?UNICEF
27
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