As the United Nations prepares to draft a treaty aimed at facilitating the international prosecution or extradition of those accused of crimes against humanity, Human Rights Watch (HRW) emphasized the urgent need for greater focus on the protection of children. The organization released a statement on Monday, highlighting that the current draft mentions children only twice, limiting their visibility in a critical document that could shape international law.
HRW pointed out that the existing draft includes only a brief reference to children in the preamble and a definition of enslavement in Article 2(1)(c). They argued that numerous crimes against humanity that specifically target children, such as age-based persecution and the recruitment of child soldiers, are notably absent from the text. According to HRW, nearly a third of the global population is under the age of 18, with approximately 149 million children living in regions classified as high intensity conflict zones. These circumstances make children particularly vulnerable to atrocities including murder, rape, torture, and slavery.
The call for greater protections for children comes amid ongoing discussions about the need for effective and accessible forms of justice for young victims of violence. Alicia Buenrostro Massieu, the Deputy Permanent Representative of Mexico to the United Nations, expressed the collective responsibility to ensure that the forthcoming treaty does not overlook these vulnerable populations. She stated, “We have a responsibility to build a treaty that does not leave children behind.”
Crimes against humanity encompass systemic attacks on civilians, and there is currently no treaty that mandates countries to enforce accountability for these actions. While the prohibition of such crimes is established as a peremptory norm in international law, the proposed treaty seeks to formalize these standards on a global scale. Under international law, children are recognized as independent rights holders, entitled to special care and protection tailored to their age and circumstances.
In response to the gaps identified in the draft treaty, thirty-eight organizations and rights experts, including HRW, have endorsed a set of proposals put forth by the Global Justice Centre. These proposals advocate for child-specific provisions that reflect the unique experiences and challenges children face in conflict and post-conflict situations.
Diplomats will convene at the United Nations in New York from January 19 to 30, 2024, to engage in discussions surrounding the proposed treaty. The outcomes of these discussions could significantly influence the legal landscape for the protection of children’s rights in the context of international law and accountability for human rights violations. As the treaty drafting process continues, the emphasis on children’s rights remains a crucial aspect of the broader conversation on global justice and human rights.
