1.5 billion children in conflict areas are victims of violent crimes

May 27, 2010

Globally, millions of the 1.5 billion children in conflict areas are victims of violent crimes that do not only destroy their well being but also severely injure their physical and psychological state, sometimes ending their lives.

By Rudo Kwaramba
Globally, millions of the 1.5 billion children in conflict areas are victims of violent crimes that do not only destroy their well being but also severely injure their physical and psychological state, sometimes ending their lives.

The nature of armed conflict across the world has changed, targeting children as victims and weapons of war. Gravest violations of children’s rights continue to happen in conflict-ridden areas, now codified as war crimes and crimes against humanity, and recognised by the United Nations as the gravest violations of children’s rights.

Since the first major international war crimes trials at Nuremberg and Tokyo, where the voices of victims were largely absent, attention to the concerns of victims of mass violence has now grown significantly. There are numerous regional, national and international mechanisms that play a role in protecting children from such violence. Among these interventions is the now permanent International Criminal Court (ICC).

Despite the court’s many achievements since its inception, it still faces many challenges. As the 111 States Parties to the Rome Statute assemble in Kampala from May 31 to review the Rome Statute and engage in stock-taking discussions on the universality and impact of the ICC on international criminal justice and peace, more efforts should be made in assisting the ICC in its efforts to initiate and promote programmes at the national level to improve access of victims and affected communities to justice and reparations.

At this conference, World Vision, in collaboration with other stakeholders, will profile children’s issues for consideration in the ICC review discussions and outcomes.

Additionally, the other stock-taking areas, peace and justice, cooperation and complementarily remain critical as each of them have indirect impact on children. Therefore, determining the best interests of the child and minimising the negative impact on children should be a major outcome of these discussions. The key concerns of the Rome Statute on child victims and affected communities are:

lSustainable peace, justice and security. In Uganda, although the ICC intervention was believed to have played a role in influencing the initiation and process of the Juba peace talks between the Lord’s Resistance Army (LRA) and the Government, the outcome is not yet realised with the final peace agreement not signed and Joseph Kony and his commanders still moving freely.

The communities’ fear of the LRA returning to Uganda and the prospect of sustainable peace in northern Uganda is a concern not only for children but the entire affected communities. The risk of ongoing conflict would probably be the largest challenge preventing children and communities from participating in ICC proceedings.

lThe Rome Statute recognises the victims’ rights to justice, participation and reparation. However, among the issues to be addressed are victims’ need for clear information about the timeline of investigations and prosecutions, logistical and psychological support, legal representation, physical security, and the possibility of reparations.

Vulnerable populations, such as women and children (and especially survivors of sexual violence crimes), often have the least access to information about the ICC because they are less likely to possess radios or attend community forums, hence denying their participation in access to justice.

The ICC has also not yet implemented reparation orders, therefore has had no experience with reparations as no trials have been completed in the LRA situation and therefore no case had reached the reparation phase.

lThe Trust Fund established under the Rome Statute (Article 79) performs the functions of reparation awards ordered by the Court and provides physical, psychosocial and material assistance to victims and their families as provided for under Rule 98 of the Rules of Procedure and Evidence, n4.

However, as the Trust Fund for Victims enters its fourth year of active field operations, it faces challenges such as increasing its visibility, managing the high expectations of victims who hope to benefit from future reparations and the Fund’s general assistance activities.

Generally, a large number of potential beneficiaries remain unaware of the role of the Fund. In Uganda, the Trust Fund supports 16 projects benefiting 15,550 direct victims in northern Uganda (Trust Fund for Victims report November 2009); this assistance programme may not be differentiated from other humanitarian assistance programmes as to the provisions under the Court.

lInadequate awareness of the ICC and how it operates
The role of the outreach department in enhancing victims’ knowledge of their legal rights and expectations of obtaining justice is critical. However, for many victims and survivors of mass violence, acquiring information about the ICC—or access to it— can be a tremendous challenge.

In the case of Uganda, the negative perception about the ICC’s role in the LRA situation is evidenced by lack of information on the role of outreach in enhancing victims’ knowledge of their rights and expectations of obtaining justice.

The main concerns about the ICC intervention in Uganda are that it is biased and may exacerbate violence with LRA; it is spoiling the peace process by undermining the amnesty and ceasefire agreement and it disregards and disempowers local justice procedures. All these arguments underpin the lack of adequate information about the ICC.

In conclusion, the direct participation of victims in ICC proceedings, reparation programmes and outreach activities will enhance the acknowledgment and recognition of their suffering and losses. This will make the ICC relevant to communities affected by mass violence.

Furthermore, the empowerment of victims as active members in the rebuilding of their lives and those of their war-torn societies, recognising them as subjects and not merely as objects can help reduce the likelihood of future conflict and strengthen a tenuous peace.

The writer is
National Director,
World Vision Uganda

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