La tutela dei bambini nei conflitti armati e giurisdizione internazionale Condividi

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INAUGURAL SESSION 14:00 - 14:30 

* Welcoming address from members of the Scientific Committee of the Universities Network 

* Address by Ms Virginia Gamba de Potgieter, Special Representative of the Secretary-General for Children and Armed Conflict 

* Address by the President of the International Criminal Court 

FIRST MODULE 14:30 - 17:30 

The phenomenon of children in armed conflict 

The lesson will examine the situation of children in armed conflict by exploring the general framework of new modern conflicts, as well as the United Nations and the regional system approach to armed conflicts.

1. Children in armed conflicts: current data and analysis of the geopolitical situation.

2. The United Nations system and the Office of the UN Secretary-General Special Representative for Children and Armed Conflict.

3. The Regional systems to combat the phenomenon of children in armed conflict.

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The development of Human Rights Law (HRL) in protecting children

This lesson will examine the rights afforded to children by the main human rights law instruments.

1. The 1989 Convention on the rights of the child (CRC).

2. The CRC Optional Protocol.

3. Who are children? Analysis of the adequacy of the ICRC and its Protocol to the current armed conflicts.

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The development of International Humanitarian Law (IHL) in protecting children

This lesson will examine how International Humanitarian Law provides protection for children in the event of armed conflict, either of international or non-international nature.

1. International and non-international armed conflict. The modern conflicts and their challenges.

2. The Geneva Conventions of 1949 (GCIII and GCIV).

3. The Additional Protocols of 1977 (API and APII).

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Introduction to International Criminal Law (ICL).

This lesson will examine the evolution of the International Criminal Law through the examination of the international criminal bodies from the Nuremberg Tribunal to the International Criminal Court.

1. The Nuremberg Tribunal and the affirmation of the International Criminal Law.

2. The International ad hoc Tribunals and Hybrid Courts.

3. The International Criminal Court.

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The soft law instruments protecting children in armed conflict

This lesson will examine the soft law instruments addressing the issue of children in armed conflict and their impact on the protection of children in armed conflict.

1. The Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Group.

2. The Vancouver Principles.

3. The Safe School Declaration.

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The six grave violations of children’s rights in armed conflict.

This lesson will examine the first Resolution on children and armed conflict adopted by the United Nations Security Council in 1999 and the six grave violations affecting children in armed conflict.

1. Killing and maiming of children.

2. Recruitment and use of children by armed forces and armed groups. 3. Sexual violence against children.

4. Abduction of children.

5. Attacks on schools and hospitals.

6. Denial of humanitarian access for children.

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Children and migration

This lesson will examine the impact of migration on children.

1. The situation of children on the move.

2. Migrants and international justice.

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Impact of crimes on children exposed to armed conflict

This lesson will examine the impact of crimes on children exposed to violence during armed conflict and the sociological and psychological approach to children affected by armed conflict and involved in criminal proceedings

1. How exposure to violence and armed conflict impact on the development of children?

2. Which are the short term and long term effects of the exposure of children to violence and armed conflict?

3. Which programmes can be put in place to alleviate the effects of the exposure of children to violence and armed conflict?

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Analysis of Case Law

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First Module’s Written Test

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SECOND MODULE

What is justice for Children?

This lesson will examine the challenges to justice for children and the difficulties in ensuring accountability for crimes against or affecting children; and accountability for children.

1. Challenges to justice for children.

2. Ending impunity and children accountability.

3. Maximizing justice for children.

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Accountability mechanisms for children affected by armed conflict at the international level

This lesson will examine the accountability mechanisms established by the international community to fight the culture of impunity both at the judicial level and in non-judicial settings.

1. Ad hoc tribunals: Children before the ICTY and ICTR.

2. Hybrid courts: Children before the Special Court for Sierra Leone.

3. Non-judicial mechanisms.

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The proceedings before the ICC

This lesson will examine the different stages of the proceedings before the ICC.

1. Preliminary examination and opening of an investigation.

2. The pre-trial stage.

3. The trial stage.

4. The appeal stage.

5. Enforcement of sentence.

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Crimes within the ICC’s jurisdiction against or affecting children

This lesson will examine the different type of crimes against or affecting children under the Rome Statute .

1. Forcible transfer of children and prevention of birth, as acts of genocide in violation of Articles 6(d) and 6(e) of the Rome Statute.

2. Persecution as a crime against humanity, in violation of Article 7(1)(h) of the Rome Statute.

3. Trafficking of children as a form of enslavement constituting a crime against humanity in violation of Articles 7(1)(c) and 7(2)(c) of the Rome Statute.

4. Sexual and gender-based violence as war crimes and crimes against humanity, in violation of Articles 7(1)(g), 8(2)(b)(xxii) and 8(2)(e)(vi) of the Rome Statute.

5. Torture and related war crimes and crimes against humanity, in violation of Articles 7(1)(f), 7(1)(k), 8(2)(a)(ii), 8(2)(a)(iii) and 8(2)(c)(ii) of the Rome Statute.

6. Attacks on buildings dedicated to education and health care, as war crimes in violation of Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute.

7. Conscription, enlistment, and use of children under the age of 15 years to participate actively in hostilities, as war crimes in violation of Articles 8(2)(b)(xxvi) and 8(2)(e)(vii) of the Rome Statute.

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Participation of victims in the ICC system

This lesson will examine the participation of victims (including chikldren0 in the ICC proceedings and the possibility to receive reparations.

1. The innovative feature of the Rome Statute: victims’ participation in ICC proceedings.

2. Victims’ access to the Court.

3. Participatory regime under article 68(3) Rome Statute.

4. The role of Counsel assisting children in the proceedings.

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Reparations for victims in the ICC system

This lesson will examine the reparations proceedings before the ICC and the mandate of the Trust Fund for Victims

1. The Reparations proceedings.

2. Challenges in granting reparations to victims of crimes under the ICC jurisdiction (including children).

3. Mandate and role of the Trust Fund for Victims.

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Support and protection to children in judicial proceedings and non-judicial processes

This lesson will examine the existing mechanisms to support children during the judicial and non-judicial processes; as well as the best practices to interact and communicate with children affected by armed conflict.

1. Challenges regarding the participation of children in judicial proceedings and non-judicial processes.

2. Protective and special measures in judicial proceedings.

3. The rights of the child during judicial proceedings and the concept of a child-friendly justice.

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Investigation of crimes against or affecting children

This lesson will examine the technical and psychological approach in investigating crimes against or affecting children and in collecting information and evidence from children.

1. Methodologies of investigation of crimes against or affecting children.

2. Methodologies of interviewing children.

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The legal framework for Counsel before the ICC

This lesson will examine the legal framework governing the intervention of Counsel before the ICC, analysing the applicable legal provisions and the legal aid system.

1. Regulatory framework for Counsel before the ICC.

2. The legal aid system before the ICC.

3. The Code of Professional Conduct for Counsel appearing before the ICC.

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The different role of Counsel before the ICC

This lesson will examine the different role that Counsel may play in ICC proceedings and the role and mandate of the Office of Public Counsel for Victims (OPCV), with the duty to ensure effective participation of victims in the proceedings, and the Office of Public Counsel for the Defence (OPCD), which provides support and substantive legal assistance to Defence’s teams.

1. Counsel for the Defence

2. Legal Representatives of Victims.

3. The Office of Public Counsel for Victims (OPCV) and the Office of Public Counsel for the Defence (OPCD).

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Analysis of ICC Case Law

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Final Written Test