A/HRC/25/46
pave the way for the practical implementation of the Lucens Guidelines by parties to
conflict, with the support of the United Nations.
62.
It is the Special Representative’s hope that, through acknowledgement that the
military use of schools may result in increased risk of attack, consensus will grow to
address this concern. The Special Representative calls upon Member States to tackle this
issue by taking concrete and proactive initiatives to protect schools and promote their
civilian status, through the inclusion of protection elements in military training and doctrine
and operational planning, as well as the incorporation of the recent Lucens Guidelines into
national legislation.
D.
International justice
63.
Adherence to international law through the ratification of legal instruments is a
crucial first step for States to improve the protection of children affected by armed conflict,
and to address impunity for perpetrators. However, the establishment of national legislation
and institutions frequently represents an obstacle to the effective implementation of
obligations in States affected by conflict, owing to their weakened capacity. Even when
legislation and institutions are in place, the challenge remains to ensure access to
independent courts so that right holders can enforce respect of their rights.
64.
The Special Representative welcomes alternative strategies, such as mobile courts,
to support access to justice in remote areas, to tackle impunity and to provide redress for
victims of grave violations in the aftermath of conflict. Mobile courts have been used
effectively in several countries such as the Central African Republic, the Democratic
Republic of the Congo, Guinea-Bissau, Sierra Leone and Timor-Leste.
65.
The Special Representative also commends the pilot mobile court scheme initiated
by the Office of the United Nations High Commissioner for Refugees to improve access to
justice for refugees who have been victims of crime. Such projects have recently been
initiated in Uganda, in collaboration with the Government of Uganda, and aim to address
the lengthy wait that refugees face before their cases are heard, and to encourage victims of
sensitive crimes including rape, sexual assault and domestic violence to report allegations.
66.
The engagement by the United Nations in favour of strong rule of law at the
international level is also essential to addressing global accountability challenges. While the
primary responsibility to ensure accountability for grave violations committed against
children rests with Member States, the work of international criminal tribunals and courts is
particularly important to strengthen law enforcement and protection against right violations
at the international level.
67.
The Special Representative welcomes the surrender into the custody of the
International Criminal Court, on 22 March 2013, of Bosco Ntaganda, against whom the
Court had issued two arrest warrants, on 22 August 2006 and 13 July 2012 respectively. As
the alleged former Deputy Chief of the General Staff of the Forces patriotiques pour la
libération du Congo, Mr. Ntaganda is accused of seven counts of war crimes, including the
enlistment of children under the age of 15, the conscription of children under the age of 15,
and using children under the age of 15 to participate actively in hostilities, as well as
murder, attacks against the civilian population, rape and sexual slavery, pillaging, and three
counts of crimes against humanity allegedly committed in Ituri (Democratic Republic of the
Congo) in 2002 and 2003. At the time of writing, the hearing for the confirmation of
charges, which was initially scheduled for September 2013, had been postponed to allow
the Prosecutor to complete the numerous tasks necessary after the case had been “dormant”
for several years.
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