A/HRC/18/38
19.
The reintegration of children formerly associated with armed forces and groups
continues to be hampered by the lack of economic opportunities in already poor regions and
insufficient long-term funding, such as is the Philippines. In many countries, ongoing
fighting and insecurity make children vulnerable to re-recruitment and limit the access of
actors delivering reintegration support. Inadequate sequencing between the implementation
of an action plan on the one hand, and the rate of funding for reintegration of children on
the other, may lead to instances where reintegration programmes are not able to absorb the
caseload created by the successful implementation of an action plan. The establishment of
regional coordination mechanisms to respond to reunification and reintegration of children
abducted across borders, in particular by the Lord’s Resistance Army, presents an
additional challenge.
20.
With regard to attacks on schools and hospitals, limited knowledge of international
humanitarian law by parties to conflict, insufficient implementation of the law’s provisions
and limited insight into the different country contexts in which violations occur still hamper
the design of clear strategies to address such violations. The case of the military use of
schools exemplifies the complexity of the issue; although strictly speaking not a violation
of international humanitarian law, the military occupation of schools clearly impedes
children’s access to education and puts them at risk. Further complicating the issue are
cases where the military provide security to a school at the school’s request, and there is
collocation between children and military in the same school, or even partial occupation.
21.
An emerging concern is the detention of children for alleged association with armed
groups or other threats to security in several conflict scenarios. An unknown number of
children have been captured, arrested and detained by security and law enforcement forces
in contravention of international standards for juvenile justice. Children’s access to justice
in conflict and post-conflict settings is hampered by the fact that the infrastructure of
judicial systems is often inadequate or non-existent. Targeted measures by the Security
Council and the establishment of the International Criminal Court are steps towards
mitigating the impunity of perpetrators of grave child rights violations; they cannot,
however, replace the delivery of national justice.
IV.
Children and justice during and in the aftermath of armed
conflict: bringing conceptual clarity
22.
In contemporary armed conflicts, children are increasingly the subject of targeted
attacks, sexual violence and military recruitment. Many are forced to witness or even to
take part in horrifying acts of violence. As a result, it is often difficult to assess whether a
child is a victim or a perpetrator; depending on the child’s age and maturity and the forced
nature of involvement, it may be both. Hence, in the search for justice for serious violations
committed during armed conflict, children are often involved in justice processes in two
different and opposite ways: on the one hand, children who have suffered grave violations
seek justice for the violations of their rights; on the other, children having been forced by
adults to perpetrate heinous crimes are being held accountable for their acts.
A.
What is “justice” for children?
23.
The ability of children to have access to justice is seen as a vital part of the mandate
of the United Nations to reduce poverty and fulfil children’s rights. A clear definition of
what constitutes “access to justice” cannot be found in international instruments. According
6
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