CYIL vol. 12 (2021)

CYIL 12 (2021) TOWARD STRENGTHENING ACCOUNTABILITY FOR CRIMES AGAINST CHILDREN … variety of human rights processes, the transitional justice tools can play a significant role because of their built-in focus on addressing the grievances and providing redress to the victims. More importantly, they do not lose sight of the human dimension in the post- conflict setting. The United Nations will probably maintain the key role in the protection of children in armed conflict. Therefore, the UN bodies and agencies should integrate human rights and humanitarian aspects in their internal discussions on peace and security and humanitarian responses. In particular, the Security Council should review its subsidiary mechanisms in order to achieve their better coordination which would lead to better use of their potential. Although recognizing the political context, the Council might want to refine the way of using the findings originating in the MRM for enhancing the accountability of the main perpetrators. I am of the view that the Council should open the discussion on referring the most serious cases to the ICC for further investigations and prosecutions. More research on the implementation of the Policy on Children is necessary to assess how it affects the ICC’s work on child-related cases. The ICC Prosecutor needs to send a strong signal in her public statements that crimes against children are a high priority to her and will not go unpunished. The OTP needs to maintain a coherent strategy on giving sufficient time and space for full and proper consideration of the child element in all phases of the ICC proceedings – in the assessment of the gravity of crimes, interests of justice, sentencing, etc. A closer collaboration between the UNSC and the ICC would demonstrate that children matter. It might be also the way to repair the image of failing international system which is not able to protect the most vulnerable part of the world’s population.

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