Emmanuel Jal - Warchild. Child soldiers is a war crime

NOTE from Sudan Watch Editor: This song by Emmanuel Jal is from his 2008 album Warchild. Using a child as a soldier is a war crime. Read more.

Child Recruitment and Use

Recruiting and using children under the age of 15 as soldiers is prohibited under international humanitarian law - treaty and custom - and is defined as a war crime by the International Criminal Court. 

Furthermore, under the Rome Statue, conscripting or enlisting children under the age of fifteen years into national armed forces or groups or using them to participate actively in hostilities is considered a war crime.

There are many ways for children to become associated with armed forces and groups. Some children are abducted and beaten into submission, others join military groups to escape poverty, to defend their communities, out of a feeling of revenge or for other reasons.

Combat and support roles

In many conflicts children take direct part in combat. However, their role is not limited to fighting. Many girls and boys are also used in support functions that also entail great risk and hardship.

Their tasks can vary, from combatants to cooks, spies, messengers and even sex slaves. Moreover, the use of children for acts of terror, including as suicide bombers, has emerged as a phenomenon of modern warfare. Each year, the UN receives reports of children as young as 8 or 9 years old associated with armed groups.

No matter their role, child associated with parties to conflict are exposed to acute levels of violence – as witnesses, direct victims and as forced participants. Some are injured and have to live with disabilities for the rest of their lives.

Girls are also recruited and used by armed forces and groups. They have vulnerabilities unique to their gender and place in society and suffer specific consequences including, but not limited to, rape and sexual violence, pregnancy and pregnancy-related complications, stigma and rejection by families and communities.

Definition

“A child associated with an armed force or armed group” refers to any person below 18 years of age who is or who has been recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, spies or for sexual purposes. It does not only refer to a child who is taking or has taken a direct part in hostilities. (Source: Paris Principles on the Involvement of Children in Armed Conflict 2007)

A long healing process

Regardless of how children are recruited and of their roles, child soldiers are victims, whose participation in conflict bears serious implications for their physical and emotional well-being. They are commonly subject to abuse and most of them witness death, killing, and sexual violence. Many are forced to commit violent acts and some suffer serious long-term psychological consequences. The reintegration of these children into civilian life is an essential part of the work to help child soldiers rebuild their lives.

(Source: https://childrenandarmedconflict.un.org/six-grave-violations/child-soldiers/)

The effects of being a child soldier can last a lifetime

It’s almost impossible to know the exact figure but it’s estimated there are tens of thousands of children in armed groups around the world. 

(Source: https://www.warchild.org.uk/news/effects-being-child-soldier-can-last-lifetime)

View video at YouTube: https://youtu.be/ekigsvTDJXo

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US Attorney General visited the ICC on 19 June 2023

NOTE from Sudan Watch Ed: The International Criminal Court (ICC) in The Hague relies on international cooperation and lots of money for support.

This footage tweeted by ICC shows US Attorney General Merrick Garland visiting ICC Headquarters in The Hague, Netherlands on Mon 19 Jun 2023.

It shows Mr Garland meeting ICC President Judge Piotr Hofmanski, ICC Chief Prosecutor Karim Khan KC and ICC Registrar Osvaldo Zavala Giler.

The end of the clip shows Mr Garland sitting at a table signing a document.

Maybe the US is signing up to the ICC or just wants to be seen as supporting it by sharing intel evidence to help catch people accused of war crimes etc.

🎥 The Attorney General of the United States, The Honorable Merrick B. Garland, visited the #ICC today@TheJusticeDept #BuildingSupport pic.twitter.com/IvmgAE7YtF

— Int'l Criminal Court (@IntlCrimCourt) June 19, 2023

Post script by Sudan Watch Editor:

Countries that are part of the ICC

123 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 33 are African States, 19 are Asia-Pacific States, 18 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Read UN Treaty - Rome Statute of the International Criminal Court   

View States Parties - Chronological Lists 

Source: ICC https://asp.icc-cpi.int/states-parties

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Countries that are not part of the ICC

At the time of writing and after a quick search, it seems at least 22 countries of are not part of the ICC, namely: United States, Russia, China, India, Israel, Egypt, Ethiopia, Qatar, Saudi Arabia, Iraq, Libya, Ukraine, Cuba, Haiti, Crete, Turkey, Indonesia, North Korea, Burundi, Philippines, Sudan, South Sudan.

Note, in 2020, the largest contributions came from Japan, Germany, France, and the United Kingdom. Some countries, notably Brazil and Venezuela, have run up millions of dollars in overdue payments.

Washington has backed ICC efforts on several occasions, however. In 2005, the Bush administration allowed the Security Council to refer the Darfur case, and it later offered to assist the court’s investigation, which legal experts saw as a softening of the US stance. In 2011, the Barack Obama administration voted in favour of the Security Council referral for a Libya investigation. It also helped deliver several fugitives to The Hague and offered to pay millions of dollars as rewards for information on individuals accused of atrocities.

Source: CFR https://www.cfr.org/backgrounder/role-international-criminal-court

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UPDATED on Sat 24 Jun 2023 15:17 BST

Ref list of countries not part of the ICC: changed number 20 to 22 and added Sudan, South Sudan.

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FULL TEXT: Resolution 1593 (2005) adopted by the UN Security Council at its meeting on 31 March 2005

NOTE from Sudan Watch Editor: Further to the ICC Prosecutor's two statements on Darfur, Sudan (see below) given to the UN Security Council at a meeting of the Council held in New York on Monday 17 January 2022, here below, for easy reference, is a copy of Resolution 1593 (2005) adopted by the Council at its meeting on 31 March 2005.

Links to a copy of the document in downloadable pdf format and available in several languages can be found at the end of this post. I have used yellow to highlight para 8 referenced in the Prosecutor's 34th report dated 17 January 2022 and in the Council's Resolution 1593 (2005).

Sudan Watch Wed 19 Jan 2022: 

Statement of ICC Prosecutor, Karim A.A. Khan QC, to the United Nations Security Council on the Situation in Darfur, pursuant to Resolution 1593 (2005) https://sudanwatch.blogspot.com/2022/01/statement-of-icc-prosecutor-karim-aa.html

Sudan Watch Thu 20 Jan 2022: 

FULL TEXT: ICC 34th report pursuant to para 8 of UNSC resolution 1593 (2005), 17 January 2022 https://sudanwatch.blogspot.com/2022/01/full-text-icc-34th-report-pursuant-to.html

_______________

United Nations

Security Council 

Distr.: General 31 March 2005

Resolution 1593 (2005)

Adopted by the Security Council at its 5158th meeting, on 31 March 2005

The Security Council,

Taking note of the report of the International Commission of Inquiry on violations of international humanitarian law and human rights law in Darfur (S/2005/60),

Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect,

Also recalling articles 75 and 79 of the Rome Statute and encouraging States to contribute to the ICC Trust Fund for Victims,

Taking note of the existence of agreements referred to in Article 98-2 of the Rome Statute,

Determining that the situation in Sudan continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,
1. Decides to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court;

2. Decides that the Government of Sudan and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully;

3. Invites the Court and the African Union to discuss practical arrangements that will facilitate the work of the Prosecutor and of the Court, including the possibility of conducting proceedings in the region, which would contribute to regional efforts in the fight against impunity;

4. Also encourages the Court, as appropriate and in accordance with the Rome Statute, to support international cooperation with domestic efforts to promote the rule of law, protect human rights and combat impunity in Darfur;

5. Also emphasizes the need to promote healing and reconciliation and encourages in this respect the creation of institutions, involving all sectors of Sudanese society, such as truth and/or reconciliation commissions, in order to complement judicial processes and thereby reinforce the efforts to restore long- lasting peace, with African Union and international support as necessary;

6. Decides that nationals, current or former officials or personnel from a contributing State outside Sudan which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that contributing State for all alleged acts or omissions arising out of or related to operations in Sudan established or authorized by the Council or the African Union, unless such exclusive jurisdiction has been expressly waived by that contributing State;

7. Recognizes that none of the expenses incurred in connection with the referral including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;

8. Invites the Prosecutor to address the Council within three months of the date of adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;

9. Decides to remain seized of the matter.

_______________

Source: United Nations.org

View the original document in downloadable pdf format here:

English

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/73/PDF/N0529273.pdf

Arabic

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/71/PDF/N0529271.pdf

中文

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/72/PDF/N0529272.pdf

Francais

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/74/PDF/N0529274.pdf

Русский

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/75/PDF/N0529275.pdf

Espanol

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/292/76/PDF/N0529276.pdf

Rome Statute of the ICC Article 7 Crimes Against Humanity: Ongoing murder of civilians in Sudan by the TMC junta meets definitional threshold

HERE is a copy of a tweet by Sudan expert Prof Eric Reeves @sudanreeves dated 01 August 2019: Our best definition of “crimes against humanity” comes from the Rome Statute of the International Criminal Court (#ICC). Though the most difficult class of atrocity crimes to define, ongoing murder of civilians in Sudan by the #TMC junta clearly meets the definitional threshold.

Our best definition of “crimes against humanity” comes from the Rome Statute of the International Criminal Court (#ICC). Though the most difficult class of atrocity crimes to define, ongoing murder of civilians in Sudan by the #TMC junta clearly meets the definitional threshold: pic.twitter.com/R6Vo6IpVJF

— Eric Reeves (@sudanreeves) 1 August 2019

To visit the above tweet click here: https://twitter.com/sudanreeves/status/1157028222015627264

Darfur, Sudan: ICC Prosecutor Ocampo says 'denial of a crime and its cover-up could constitute crimes in themselves'

Journalists asked whether Mr. Moreno-Ocampo thought Abu Garda, accused of being involved in the attack on peacekeepers at Haskanita, would actually take part in a proper trial, receiving the response: it would be a "good test of his leadership".

Mr. Moreno-Ocampo said his mandate was scheduled to end in 2012, but he hinted at a reform that would allow the mandate to be expanded. Japan was one of the Court's biggest contributors, which one journalist noted had announced plans to introduce changes to the Prosecutor's terms of office.

Source: United Nations Department of Public Information (DPI) report (via ReliefWeb) 
'Press conference by Luis Moreno-Ocampo, International Criminal Court Prosecutor'
Friday, December 4, 2009.  Copy in full:

Denial of a crime and its cover-up could constitute crimes in themselves, said Luis Moreno-Ocampo, Prosecutor of the International Criminal Court, alluding to the case he was building against Sudanese officials for atrocities committed in Darfur.

Mr. Moreno-Ocampo spoke to journalists at a Headquarters press conference this afternoon after briefing the Security Council on situations involving Sudanese President Omar al-Bashir and two other high-ranking individuals, for whom arrest warrants had been issued.

"We have arrest warrants issued by the judges, saying that the policy was to commit attacks in these villages, and to commit crimes in the camps. Whoever is making a voluntary contribution to these crimes could be prosecuted", he said, confirming that Heads of State received no immunity.

Similarly, there was no immunity for those claiming to have followed orders, or for those who had participated in a cover-up, he added.

He had earlier told members of the Security Council that his Office was considering the criminal responsibility of Sudanese officials who actively denied and dissimulated their crimes. However, when asked by a journalist to explain what he meant by "denial", Mr. Moreno-Ocampo said he would reserve his exact argument for the judges.

The same journalist had questioned whether the argument was too broad, and whether it would constitute an abuse of power by the Court. It was common, after all, for visiting officials at United Nations Headquarters to appear before the media to deny wrongdoing, as Sri Lankan officials had done at the end of their Government's war with the Tamil Tigers, the correspondent said.

Mr. Moreno-Ocampo countered: "Abuse of power was when a President of a country killed citizens."

On guilt by speech, he alluded to the case of Radio Mille Collines in Rwanda, where radio hate speech was used to argue the station manager's guilt for genocide. By extension, he said that President Bashir managed an entire State, using other people to attack civilians and finance such crimes, and also used people to cover up those crimes. Those who participated voluntarily in such activities could, potentially, be held criminally responsible.

Mr. Moreno-Ocampo stressed the primacy of national authorities to bring perpetrators to justice, saying that former President Thabo Mbeki of South Africa -- who had worked on behalf of the African Union to prepare a panel report on the Court's cases relating to the Sudan -- had emphasized the Court's limited capacity to prosecute people.

But, he said President Mbeki had also been clear on the need for accountability. He had been clear, as well, on the need for greater protection of witnesses. Mr. Moreno-Ocampo said that, if witnesses were to be used in the Sudanese cases, they would most certainly be attacked.

Of the individuals charged by the Court, two were currently evading arrest and only one, Bahr Idriss Abu Garda, had appeared before the Court to hear his charges. Journalists asked whether Mr. Moreno-Ocampo thought Abu Garda, accused of being involved in the attack on peacekeepers at Haskanita, would actually take part in a proper trial, receiving the response: it would be a "good test of his leadership".

The Prosecutor also fielded questions about allegations of war crimes and crimes against humanity by Israel. When asked, he offered no confirmation of reports that he had been invited by Hamas to advise on the legality of a Hamas-led investigation into attacks in Gaza this January. But, he admitted to working closely with the Arab League on the matter, which had helped finance the fact-finding Goldstone mission.

He also told correspondents that the Court had recently received the approval of the Palestinian Minister of Justice to engage on the Gaza issue, but explained that it was still unclear whether the Court had any jurisdiction over any cases that might arise. In normal criminal cases within the Palestinian Territory, arrested Israelis must be handed over to Israeli authorities.

Mr. Moreno-Ocampo noted that it was his duty to promote national investigations, adding that the Goldstone Report had also emphasized the need for national judiciaries to act when needed.

"Leaders had responsibilities, not privileges", he said. "I believe Hamas leaders calling for an investigation themselves was an important step."

Along those lines, he said it was a mistake for President Bashir and Ahmad Harun, former Minister of the Interior and the third individual wanted by the International Criminal Court, to refuse cooperation with the Court.

He explained that by agreeing to the Rome Statute, States were establishing a model in which they and the Court could act together. For instance, in becoming State parties to the Statute, countries such as Afghanistan, Kenya, Colombia and the Congo were providing the Court with jurisdiction. But he could not investigate cases in Iraq, which was not a State party.

Part of his work was to determine which situations merited investigation, he said, which he did by analysing information received from everyday civilians, non-governmental organizations and the media. He admitted to receiving serious reports of crimes committed in Afghanistan, and, although he did not specify what they were, explained that the Court was "trying to get more information about Taliban crimes".

He added that the Court was following the situation of violence in Guinea, and had received information on it. Guinea was a State party to the Rome Statute.

Mr. Moreno-Ocampo said his mandate was scheduled to end in 2012, but he hinted at a reform that would allow the mandate to be expanded. Japan was one of the Court's biggest contributors, which one journalist noted had announced plans to introduce changes to the Prosecutor's terms of office.

For information media • not an official record [end of copy]