A/HRC/28/54
(MINUSCA) to adopt urgent temporary measures on an exceptional basis to maintain basic
law and order and fight impunity. Moreover, on 8 August 2014, the United Nations and the
Government of the Central African Republic signed a memorandum of understanding
providing for the creation of a Special Criminal Court composed of national and
international judges. The Special Criminal Court will be mandated to investigate serious
crimes, including grave violations of children’s rights, such as the recruitment and use of
children in armed conflict. The Central African authorities have started the process of
drafting and adopting legislation to establish the Special Criminal Court.
53.
During the reporting period, the Special Representative engaged with sanctions
committees and panels to provide information where grave violations against children are
criteria for designation. She briefed the Security Council Committee established pursuant to
resolution 2127 (2013) concerning the Central African Republic, in May 2014, and the
Security Council Committee established pursuant to resolution 1533 (2004) concerning the
Democratic Republic of the Congo, in September 2014, and provided information on grave
violations of the rights of children. The Office of the Special Representative also increased
collaboration with relevant groups or panels of experts to share information on grave
violations against children.
54.
The Special Representative continues to work with the International Criminal Court
in the pursuance of accountability. In 2014, the Office of the Prosecutor continued its
preliminary examinations of a number of situations, including Afghanistan, Colombia, Iraq
and Nigeria, and completed its preliminary investigation into the Central African Republic.
The Special Representative’s reports provided the Court with information on grave
violations against children.
55.
On 1 December 2014, the Appeals Chamber of the Court delivered its verdict on the
appeal of Thomas Lubanga, confirming the verdict of the March 2012 Trial Chamber that
Mr. Lubanga was guilty of the enlistment, conscription and use in hostilities of children
under the age of 15. The Special Representative echoes the Prosecutor’s sentiments that
that decision stands as a symbol of hope and an important step towards bringing an end to
the suffering of tens of thousands of children still forced to fight, kill and die in conflicts
around the world.
56.
In March 2014, the International Criminal Court rendered its judgement in the case
against Germain Katanga concerning an attack in the Democratic Republic of the Congo in
2003. A majority of the bench found him guilty of the crime against humanity of murder
and the war crimes of wilful killing, intentional attack against the civilian population,
pillaging and destruction of property. However, the defendant was acquitted of the charges
of using child soldiers, as well as of sexual slavery and rape. The Chamber acknowledged
that killing and maiming of children took place during the attacks and that children were
present in the armed forces at the time of the attack. That corresponds with the Special
Representative’s findings in 2003, that the Front de résistance patriotique en Ituri/Front
populaire pour la justice au Congo (FRPI/FPJC) was recruiting and using children, as were
the “Lendu militias” in 2002. The FRPI/FPJC is still listed for recruitment and use of
children in the 2014 annual report of the Secretary-General on children and armed conflict.3
57.
The Special Representative commends the International Criminal Court on their
findings on the impact of conflict on children in the Democratic Republic of Congo in the
Lubanga and Katanga cases, and urges it to continue its efforts to strengthen evidence
gathering in instances of grave violations of children. In that regard, the Special
Representative welcomes the release in June 2014 of the Policy Paper on Sexual and
3
A/68/878-S/2014/339.
15
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