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Principles also call, as appropriate, for thorough needs assessments and review and
reformulation of reintegration programmes through broad consultation of all
relevant stakeholders.
III. Combating impunity for violations against children
A.
Sanctions and other direct measures for grave child
rights violations
34. Those who continue to commit grave child rights violations do so in part
because they see that there are few, if any, personal consequences for abusing
children. This perception, which is reinforced by the continued lack of direct action
against perpetrators, must be redressed. Essentially, the cost of committing grave
violations against children must be made prohibitive in terms of the personal
consequences for perpetrators.
35. First and foremost, this requires commitment to action at the national level,
through local legal and judicial infrastructure and on the basis of national
legislation. In addition, such action should extend equally to Government
functionaries or high-ranking members of armed forces where evidence of violations
exists.
36. Beyond the national level, a central rationale and strategy for the engagement
of the Security Council on the issue of children and armed conflict has been to hold
perpetrators accountable under international law. The unique means of the Council
to impose sanctions and other direct and targeted measures raises the stakes for
perpetrators. Thus far, the Council has expressed its readiness to consider targeted
measures against perpetrators of grave violations through its resolutions on children
and armed conflict, including 1539 (2004), 1612 (2005) and 1882 (2009). Council
resolution 1882 (2009) also establishes a linkage between the Security Council’s
children and armed conflict agenda and its sanctions committees.
37. The Security Council Committee established pursuant to resolution 1533
(2004) concerning the Democratic Republic of the Congo has taken the
unprecedented step of requesting further information on grave violations against
children, and for the first time invited the Special Representative of the SecretaryGeneral for Children and Armed Conflict to brief the Committee in May 2010. As a
result, it is anticipated that several names of individuals may be included on the
Committee’s list of individuals and entities against whom targeted measures will be
imposed on the basis of verified information regarding their recruitment and use of
children. To date, such close consideration of violations against children has not
extended to the work of the other country-specific sanctions committees, but it will
be important to build on the precedent set in the context of the Democratic Republic
of the Congo in this regard. Possibilities should also be explored for a similar focus
on grave child rights violations by other thematic committees, including the Security
Council Committee established pursuant to resolution 1373 (2001) concerning
counter-terrorism. It is also important to consider ways by which sanctions may be
imposed in contexts where there are no existing Security Council sanctions
committees.
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