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LESSON PLAN : The ICC and Children

Children and the ICC

The following documentation was obtained from the Department of Foreign Affairs and International Trade website:
http://www.dfait-maeci.gc.ca/foreign_policy/icc/icc_youth-en.asp

The Rome Statute addresses children's interests by making sure that judges and advisers with the Prosecutor's Office will have expertise in issues pertaining to violence against children.

Article 36: Qualifications, nomination and election of judges

(a) The States Parties shall, in the selection of judges,...
(b) ... also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

Article 42: The Office of the Prosecutor
The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.

The Rome Statute also requires the Prosecutor to be sensitive to the interests of children while performing his or her duties:

Article 54: Duties and powers of the Prosecutor with respect to investigations

The Prosecutor shall:
(b) Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children.

Children As Victims

The Rome Statue also affords protection to children when they are called upon to be witnesses in ICC proceedings. In addition to the Victims and Witnesses Unit, the Rome Statute grants the Court leeway to make special arrangements for child witnesses, including holding portions of the proceedings at which children may testify in private.

Article 68: Protection of the victims and witnesses and their participation in the proceedings

The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children...

As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.

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