The Child Witness And The Proceedings Before The International Criminal Court Uluslararası Ceza Mahkemesi Önünde Çocuk Tanıklar Abstract: Children suffer harm by becoming victims of international crimes during armed conflict. Together with the United Nations Security Council, both under their own mandate, the International Criminal Court tries to protect the child victims of armed conflict under international law. As a result of children’s presence in the conflict area, child victims often become witnesses of international crimes. The involvement of those children as witnesses in international criminal proceedings is a new development. The procedural involvement of the child witness in international criminal proceedings brings along challenges, …show more content…
With the establishment of international criminal courts and tribunals, but also with the setting up of Truth and Reconciliation Commissions, children have started to participate in the proceedings mainly as witnesses. The testimony of children might be of vital importance for the effectiveness of the prosecutions and important for the conviction of those who carried out those crimes against children. This may in particular be the case when the child victim is the only witness (Economic and Social Council [ECOSOC] Resolution 2005/20; Parmar and al, 2010: IX). The Special Representative of the Secretary-General for children and armed conflict also states that challenges for the judicial systems might have emerged with the child witness (Office of the Special Representative of the Secretary-General [OSRS-G] for Children and Armed Conflict Working Paper N°3, 2011: 14). The evidence given by children might contain a double-faced challenge: the protection of the child witness during the proceeding and the insurance of trustworthy and reliable evidence given by those young witnesses (Sanin and Stirnemann, 2006:
Eyewitness accounts play a huge role in general in trials and verdicts, but may be unreliable many times, with certain views placed on evidence provided by children. Unreliability may arise from not being able to recount the identity of the accused, the actions and speech occurring during that time, the relationship of individuals towards the person in question, and many
Children have been found to experience much higher levels of communication difficulty in the criminal justice system and this diminishes their ability to give evidence with the coherence desired by the court to facilitate prosecution of crime. In the case of R-v- Green youth court, the court held that There was no absolute right for a defendant to be allowed to face his accusers. Special measures to protect a vulnerable or intimidated witness from the accused would not normally be applicable to a defendant witness, but other means were available to a court to assist a defendant in ensuring that where he had communication difficulties, his case was put across properly. The court had an obligation to achieve fairness in each particular case, and that requirement was met by the system. This application was dismissed but the ruling gave critical understanding that a child under 17 years qualifies to be a vulnerable witness if they have communication difficulty and vulnerability was more circumstantial than mere age
For child war victims like Sourdi, who lived in a war zone until she was nine years old, it is a wonder if there can ever be an end to the war. The trauma that children endure in a war zone is enough to last a lifetime. Not only are they
In the end, when the conflict has cooled, the question rises, who was to blame for all the death? Most obviously were the leaders of each army and/or the source of the disturbance of peace, but can you blame an ex-child-soldier for their atrocities? People can’t simply accuse a former child soldier for crimes that they suffered a “childhood” where there was no other choice. There are probably many variables that went into making a child into a killer as proven in the article, a former child soldier will stand trial in The Hague for war crimes, “Clearly, the traumatized psychology of the child soldier will be part of Ongwen's defense when his trial begins at the ICC” (3), as this quote demonstrates how very little children probably ever joined the army willfully without trauma or fear for one’s self or someone close to them. The only time that a child soldier can be justifiably accused of war crimes is if they killed without trauma or fear and/or a continuous record of violence even after the
In the article Should Child Soldiers be Prosecuted For Their Crimes it says,“if a child is under the age of 15 is considered too young to fight then he or she must be considered too young to be held criminally responsible for serious violations.” This explains how that they are easily manipulated and targeted because they aren't legally responsible to take responsibility for their actions. Each child were held in hostilities and couldn't have to opportunity to not fight. Also in Should Child Soldiers be Prosecuted For Their Crimes a report within the article it says, “ The report says child soldiers should not be prosecuted simply for the association with an armed group of having participation in hostilities.” Children are targeted to be recruited to war because nobody can take responsibility for the
“While the number of conflicts involving child soldiers has dropped since 2004 from [age] 27 to 15, human-rights experts estimate that more than 200,000 children worldwide are still being used as combatants, usually against their will.” (Gettleman, Jeffrey). This is a large number of children worldwide who are forced into fighting in these dangerous and treacherous wars. Child soldier commanders are using these children against their will to fight wars and commit war crimes these children wouldn’t even imagine of committing. “The recruiters of child soldiers also use drugs and alcohol to make children more compliant and to enable them to commit acts they would not ordinarily commit.”
In war terrible things happen and one of those things is child soldiers. Children who are recruited and forced to be soldiers in violent conflicts are most definitely victims that deserve forgiveness and should be provided with help. Children are often forced to kill and are used in terrible ways, for example “Iran, which used boys as young as 12 to clear minefields during the Iran-Iraq war. Clearly children don’t want to kill or clear minefields risking their own lives, most of the time in poverty ridden countries parents have to sell their children to survive. Once sold they are exploited in any number of inhumane ways which children should never have to deal with, which is why child soldiers should be given amnesty and are victims.
Psychological writers have argued that “children are the most dangerous of all witnesses” (Brigham, Van Verst and Bothwell, 1986, p. 296). The dependability of a witness’s recall of events should be of great importance to everyone;a person will never know when guilt or innocence may be dependant on how well a child can recall an event they have witnessed. A field
Inside the borders of Afghanistan having children participate in combat is a reality for the civilians and children. In Afghanistan many children are being recruited to join armed groups. The children are being taken from their parents as young as eight years old and they are trained to use guns and fight in warfare. Recruiting child soldiers is a disadvantage in Afghanistan because it violates the children's human rights. First, the children of Afghanistan are forced to become soldiers and serve armed groups.
In conflicts throughout the world “two million child soldiers have been killed, over one million orphaned, over six million have been left seriously injured or permanently disabled and over 10 million have been diagnosed with psychological trauma” over just the past ten years (Invisible Children). Universally, child soldiers are generally frowned upon for use in combat for being inhumane and barbarous. Especially in third world countries, child soldiers are used for conflicts extensively. They are known for committing some of the most brutal acts in wartime in countries like Sierra Leone, Sudan, Afghanistan, etc.
• Be told what their rights are. United Nations Convention on the Rights of a Child 1989 The UK signed up to this treaty in 1991. This sets out the rights of children in a set of 54 articles, some of these are to ensure children are safe and looked after. All the countries who have signed up to this are legally obligated to implement legislation that relates to the articles. Some of the articles that relate to the rights of children include: • Children need to be shown love and feel secure • Children have the right to family life • A child’s right to be protected from all forms of abuse or neglect
However sometimes they get caught in a situation where no one knows what's really happening. Because the child may not understand, nothing is said. Years can go by before the injustices are brought to light. Unjust acts against a child will ALWAYS come to the light.
Assignment page Video Where many children all over the world merrily and freely live under the protection of the law, for others, this is a distant reality, they live in a world where they’re battling poverty, stripped of their childhood and basic human rights are expunged, they’re the innocent victims of conflict, and war is made to seem their one and only duty, not to mention that these are children no more than 10 years of age. They are put into a situation where it’s to kill or be killed. The United Nations defines a child soldier as, “Any person under 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity.” Since the past 15 years, child soldiers are being used in almost every region of the world. Unlike most children, who go to school, they’re abducted from their families and forced into becoming a child soldier, where living conditions are beyond imaginable.
Abbi Bates Saving Our Future “Remember that children marriages, and flower gardens reflect on the kind of care they get. ” says Jackson Brown Jr. as he is speaking about how to respect our future generation. Child abduction is all forms of child abuse, neglect, exploitation, and missing-often sexually abused. Child abduction is a significant problem and the Jacob Wetterling Resource Center works to help those who are affected by child abductions. Child abduction is a serious problem that should not be ignored.
Child Abduction is a serious crime that is erroneously accepted to be a plague in the United States. Child abduction just makes up 4% of every brutal crime against kids and adolescents. There are two fundamental sorts of kid snatching, in particular, family abduction and nonfamily abduction, and each sort includes distinctive causal components, formative elements, and diverse intentions on the grounds that diverse sorts of guilty parties have a tendency to confer each of these kidnappings. A few inspirations that were recommended in general were the requirements for homeostasis, control, request, and hugeness. Child Abduction is not something to mess with, and with the exploration exhibited in this paper the creator wants to reveal insight