Access to international criminal justice and reparation of children and adolescents victims of armed conflict

Abstract

Today’s armed conflicts have devastating effects on children. Children and adolescents are victims of the most serious violations of the norms of international humanitarian law, which States have undertaken to prosecute and punish. To end impunity for these crimes and protect children, it is necessary to reaffirm the right of victims to access justice and reparations. International criminal tribunals, and specifically the International Criminal Court, can be one of the most effective avenues for children to assert these rights. However, for their participation in the process to be truly effective, it is necessary that it be adapted to their particular needs and personal circumstances, taking into account the best interests of the child as a primary consideration, and protecting his or her dignity and safety, so as to avoid secondary victimization that places the child in situations of risk or danger to his or her physical and psychological integrity, and increases the suffering caused by the crimes committed against him or her. The purpose of access to justice is for victims to obtain appropriate reparation proportional to the damages received. This reparation should be aimed at the recovery and reintegration of children so that they can achieve the highest possible degree of enjoyment of their human rights and achieve their full development.