CYIL vol. 12 (2021)

CYIL 12 (2021) TOWARD STRENGTHENING ACCOUNTABILITY FOR CRIMES AGAINST CHILDREN … Germain Katanga (Democratic Republic of the Congo) In 2014, the accused was found guilty as an accessory to one count of crime against humanity and four counts of war crimes committed on 24 February 2003, during the attack on the village of Bogoro in the Democratic Republic of the Congo and sentenced to a total of 12 years’ imprisonment. Nonetheless, due to lack of sufficient evidence, the Trial Chamber acquitted him of rape and sexual slavery as crime against humanity and the war crimes of using children under the age of fifteen years to participate actively in hostilities, sexual slavery, and rape. 137 4.1 Policy on Children The ICC interacts with children in various contexts and at various stages of the legal proceedings. Children are often victims of the ICC crimes and either them or their parents might testify before the Court. 138 Recognizing special vulnerability of children and with the aim “to adopt a child-sensitive approach in all aspects of its work involving children,” the Office of the Prosecutor (OTP) of the ICC produced a strategy document titled “Policy on Children” which was presented to public in November 2016. 139 The Policy reiterates the OTP commitment to pay particular attention to “crimes against or affecting children” articulated in its previous policy documents and to seek to strengthen both accountability and prevention. 140 The OTP recognizes that crimes falling under the ICC jurisdiction affect children in various ways, children may be victims or may be involved in the commission of crimes, they may witness the commission of crimes against others, including members of their own families. 141 The Policy on Children identifies seven forms of crimes against or affecting children, namely the conscription, enlistment and use of children under the age of 15 years to participate actively in hostilities, forcible transfer of children and prevention of birth, trafficking of children as a form of enslavement, attacks against buildings dedicated to education and health care, torture and related crimes, persecution, and sexual and gender-based crimes. 142 The Policy on Children states that during the preliminary investigation, the OTP will pay particular attention to information received on “crimes against or affecting children.” 143 In determination of the gravity of potential cases, the OTP, in general, will regard those crimes as particularly grave and will ensure that an assessment of the impact of alleged crimes on children will be incorporated into its analysis. 144 Furthermore, in consideration of the interests of justice, the OTP will work with a strong presumption that investigations and prosecutions of these crimes would serve the interest of justice. 145

137 International Criminal Court, “Katanga Case,” https://www.icc-cpi.int/drc/katanga. 138 Policy on Children , para. 20. 139 Ibid. , para. 3. 140 Ibid. , paras. 6–10. 141 Ibid. , para. 7. 142 Ibid. , paras. 39–52. 143 Ibid. , para. 53. 144 Ibid. , paras. 57–58. 145 Ibid. , para. 59.

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