Statement by Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights, on ICC Prosecutor Policy on Children

16 November 2016

Madam Prosecutor,
Excellencies,
Colleagues and Friends,

The appalling violations suffered by children across the globe are a sombre commentary on our 21st century. In Syria, Yemen and numerous other crisis situations, hospitals – including pediatric and maternity hospitals – and schools are attacked. In both Iraq and Syria, Daesh has abducted, enslaved and sexually assaulted children on the basis of their identity.

Children are also forcibly recruited and used to take part in hostilities, indoctrinated, and manipulated to commit atrocities, including as unwitting human bombs. Those who are forced to flee their homes – with or without their families – risk extreme danger, including falling victim to trafficking. Many child refugees and migrants have little hope of attending school; frequently they must work backbreaking jobs. And the fundamental rights of children are broadly and systematically violated in a number of non-conflict situations where State oppression extends from cradle to what is often an intimely grave.

All these violations continue to be documented by my staff in the field, Commissions of Inquiry, fact-finding missions and Special Procedures of the Human Rights Council, and others. They demand justice.

The Prosecutor’s new policy on children is a beacon of hope. Many of its points mirror the recommendations of human rights mechanisms, notably the Committee on the Rights of the Child. Thus, for example, in the course of investigations and judicial proceedings the number of interviews with children, especially very young children, should be limited, and recordings should be used where possible to avoid repeated trauma.

The policy has been built on the guiding principles of the Convention on the Rights of the Child – namely, non-discrimination, the best interests of the child, the right to life, survival and development, and the right of the child to be heard. I welcome this reiteration of the fundamental international standards on children’s rights. The right of the child to be heard is particularly important in the context of judicial proceedings, where children must be able to express their views in all matters concerning them and throughout every stage of the process. To be able to exercise this right, children must also be duly informed, and I take this opportunity to encourage the Court to take measures to ensure that information on the ICC and its work reach children.

Madam Prosecutor,

I am encouraged by the your strong commitment to take action to investigate and prosecute more systematically all crimes against children that fall within the Rome Statute. For example, the crimes committed by ISIL against many minorities in Iraq, and specifically the enslavement, sale and sexual exploitation of Yezidi women and girls, cry out for the strongest possible action. We have seen growing awareness in recent years of the horrific prevalence of sexual and gender based crimes committed against children, especially girls.

I cannot emphasise too strongly that respect for children’s rights means we must ensure all perpetrators must know their crimes will be investigated, they will be hunted down, and the world will ensure justice.

In this context, I will continue to do my utmost to encourage the Security Council to refer international crimes to the ICC, particularly when such crimes target children. I and my Office will also continue to offer unfailing support for the invaluable mandate of the ICC.

Thank you.