A/HRC/12/49
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method in interpreting the provisions of the Court that define enlistment, conscription,
participation and use of children, so as to protect all children associated with armed groups in
line with the Principles and Guidelines on Children Associated with Armed Forces or Armed
Groups (the Paris Principles) and the Paris Commitments to protect children from unlawful
recruitment or use by armed forces or armed groups (the Paris Commitments). The Special
Representative will appear before the Court later this year as an expert witness to provide
testimony on the issues in her amicus brief.
11. Action at the international level must, however, be underpinned by a commitment to
address impunity at the national level, including undertaking appropriate reforms of national
legislation for the protection of children in order to bring laws into line with international
obligations; addressing prevailing cultures of impunity for grave violations against children
through rigorous investigation and prosecution of those responsible; addressing juvenile justice
issues that guarantee adequate legal, social and psychological protection for children; as well as
strengthening child protection capacity and training for military, police, law enforcement and
judiciary officials within national security sector reform efforts.
12. Further, ensuring that national implementation of relevant international laws applicable to
child rights is consistent with international standards, such as the Rome Statute, is important in
enabling national authorities to cooperate with the International Criminal Court, where
appropriate. For example, collaboration between the Government of the Democratic Republic of
the Congo and the International Criminal Court has resulted in the arrest and transfer to the
Court of Germain Katanga, a commander of the Forces de résistance patriotique d’Ituri and
Mathieu Ngudjolo Chui, the former head of the Front des nationalistes et integrationnistes and
colonel in the Forces armées de la République démocratique du Congo (FARDC). Both
individuals are charged with the commission of war crimes and crimes against humanity,
including the use of children in hostilities. Their trials will begin in September 2009.
13. National legislation relating to genocide, crimes against humanity and war crimes should
also ensure that these crimes are punishable under national law and have the same scope as the
definition contained in the Rome Statute. Again, in the Democratic Republic of the Congo,
Congolese judges applied the definition of crimes against humanity as defined in the Rome
Statute in the trial of Mai-Mai warlord Gédéon Kyungu Mutanga. This was the largest trial
involving crimes against humanity in the country, and his conviction by the military justice
system on March 2009 set an important precedent for those who suffered human rights abuses.
14. Several important legislative reforms undertaken recently at national level to address
impunity for grave violations against children include: (a) the Sudan Armed Forces Act adopted
by the National Assembly in December 2007, which establishes 18 years as the minimum age for
recruitment and lays down criminal penalties for individuals who recruit children below 18 years
old. The Act also outlines penalties for a range of violations of international law, including
killing, sexual slavery, abduction and enslavement, rape, torture and attacks on schools and
hospitals; (b) a revised Penal Code adopted by the National Assembly in Burundi which,
inter alia, prohibits the enlistment of children in the armed forces, stipulates 18 years as the
minimum age for conscription, raises the age of criminal responsibility to 15 years, provides
alternatives to imprisonment and strengthens sentences against perpetrators of violations against
children, particularly sexual violence; and (c) a law on child protection promulgated on
10 January 2009 in the Democratic Republic of the Congo, which prohibits the recruitment and
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