A/HRC/9/3
page 6
III. SIGNIFICANT DEVELOPMENTS IN THE PROTECTION
OF CHILDREN IN ARMED CONFLICT
14. The need to address impunity and bring to justice those responsible for violations of the
rights of children in situations of armed conflict continues to be a preoccupation of the Office of
the Special Representative. Since the Special Representative’s previous report (A/HRC/4/45),
there have been several significant developments in the fight to end impunity through the
application of international norms and standards for the protection of children. Trials have been
held and convictions rendered before national courts in the Democratic Republic of the Congo,
and internationally by the International Criminal Court and Special Court for Sierra Leone for
the crime of recruitment and use of child soldiers. Such actions are the result of international
advocacy efforts by Member States, the United Nations and its partners to ensure that those who
perpetrate grave crimes against children are brought to justice. One good example of
collaboration is the Belgian-funded effort carried out by the United Nations Development
Programme and Child Protection section of the United Nations Organization Mission in the
Democratic Republic of the Congo to support the military justice system of the Government of
the Democratic Republic of the Congo, to prosecute perpetrators of grave violations of children’s
rights under national law. Other important examples include:
(a) The trial of Thomas Lubanga Dyilo, President of the Union des patriotes congolais,
before the International Criminal Court and that of former Liberian President Charles Taylor
before the Special Court for Sierra Leone;
(b) The arrest of rebel leaders from the Ituri District of the Democratic Republic of
the Congo - Germain Katanga, commander of the Force de résistance patriotique en Ituri, and
Mathieu Ngudjolo Chui, former leader of the National Integrationist Front and Colonel in the
Congolese National Army - and their transfer to the International Criminal Court;
(c) The convictions and sentencing of Alex Tamba Brima, Brima Bazzy Kamara and
Santigie Borbor Kanu of the Armed Forces Revolutionary Council and Allieu Kondewa of the
Civil Defence Forces militia by the Special Court for Sierra Leone.
15. The Office of the Special Representative however considers that pressure must be
maintained on all 16 persistent and recalcitrant violators of child rights listed in the annexes to
the last four annual reports of the Secretary-General.2 In this regard, it is important to recall
Security Council resolution 1612 (2005) and all previous resolutions on children and armed
conflict, in which the Council stresses the responsibilities of States to end impunity and to
prosecute those responsible for genocide, crimes against humanity, war crimes and other
egregious crimes perpetrated against children.
16. The application of international norms to cases such as the ones above, combined with the
political process in the context of Security Council resolution 1612 (2005), have considerably
strengthened the work carried out by child protection advocates by opening up space for more
2
See A/58/546-S/2003/1053, A/59/695-S/2005/72, A/61/529-S/2006/826 and
A/62/609-S/2007/757.
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