A/HRC/31/58
of double criminality is often a stumbling block for the prosecution of offences committed
abroad. The Committee on the Rights of the Child has thus consistently called for the
waving of that principle in the context of child sexual exploitation. 55
63.
International cooperation between law enforcement agencies and initiatives led by
the International Criminal Police Organization (INTERPOL) and the European Police
Office (Europol) have facilitated the pursuit of accountability in the context of transnational
child sexual exploitation. With the help of the International Child Sexual Exploitation
image database, around 3,800 offenders have been identified.56 The Virtual Global
Taskforce, which consists of law enforcement partners including INTERPOL and Europol
and a number of private sector partners, is also of particular interest. It focuses on online
child sexual abuse and child sexual exploitation and has led to successful operations such as
Operation Atlas, Operation Endeavour and Operation Rescue. The first led to the arrest
across the globe of 303 individuals involved in the sharing and distribution of child sexual
abuse material. The second concerned the live streaming of child sexual abuse on demand
in the Philippines and led to 29 international arrests. The third led to the dismantling of a
global paedophile ring and 184 arrests across the world. 57 Regrettably, it is unclear how
many of those arrests led to convictions.
64.
In the specific case of military and peacekeeping troops and personnel, there is a
lack of accountability in instances of sexual exploitation of children. 58 Concrete measures
are needed to ensure that those offenders are also prosecuted and convicted either at the
international or national level. As far as United Nations peacekeeping troops and personnel
are concerned, the Secretary-General has outlined a series of measures to ensure the
investigation of those crimes and the prosecution of the perpetrators through the creation of
immediate response teams, the imposition of strong sanctions, the repatriation of
contingents and the referral to judicial authorities of host countries and contributing
countries.59 He has also established an external independent review panel to assess the
response of the United Nations to allegations of sexual exploitation and sexual abuse and
other serious crimes by members of foreign military forces not under United Nations
command in the Central African Republic. The Special Rapporteur looks forward to the
panel’s findings and hopes they will improve accountability.
65.
The experience of child victims and their satisfaction or dissatisfaction with the
outcome of the trials in their cases needs to be taken into consideration. To ensure the
prosecution and conviction of offenders, it is crucial to adopt child-sensitive justice
procedures that facilitate the provision of testimony. In that regard, there has been a
substantial amount of work and standard setting achieved, notably resulting in 2005 in the
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime of
2005.60 As has been outlined above, the Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution and child pornography also places
emphasis on the need for adequate procedures to seek compensation for damages from
those legally responsible and the Committee on the Rights of the Child has continuously
called on States to take all the measures necessary to implement the right to reparation. The
55
56
57
58
59
60
16
See CRC/C/OPSC/TGO/CO/1; CRC/C/OPSC/PHL/CO/1; CRC/C/DEU/CO/3-4.
See www.interpol.int/Crime-areas/Crimes-against-children/Online-child-abuse-Q-As.
See http://virtualglobaltaskforce.com/what-we-do/ and http://virtualglobaltaskforce.com/2015/vgtannounces-over-300-arrests-from-operation-atlas-2/.
Isabelle Talleyrand, “Military Prostitution: How the Authorities Worldwide Aid and Abet
International Trafficking in Women” Syracuse Journal of International Law and Commerce, vol. 27
(2000), pp. 151-176; A/59/710; A/69/779.
See A/70/357-S/2015/682, paras. 119-121.
See Economic and Social Council resolution 2005/20, annex.
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