A/66/256
C.
Addressing accountability at the global level
54. Since the 1996 Machel study, the international community has made
significant progress in strengthening the legal framework for the protection of
children in armed conflict and in bringing perpetrators to justice. Violations against
children have been addressed by the International Criminal Court, the International
Criminal Tribunals for the former Yugoslavia and for Rwanda and the Special Court
for Sierra Leone. These international and hybrid courts, along with mixed chambers
such as those established in Bosnia and Herzegovina, have been critical in
complementing national justice mechanisms in addressing crimes against children.
55. It must be emphasized that international efforts alone cannot achieve durable
results in the fight against impunity. Sustained accountability for crimes committed
can only be reached through the ownership of the people and justice system of the
nation concerned, in conformity with international standards. In societies emerging
from conflict, where State institutions and the social fabric have been weakened by
war, the international community has an important role to play in supporting
national efforts to strengthen the justice sector and the rule of law more broadly.
Developing the capacity of societies to deal with violations through an effective
justice system is the only way to ensure that justice will be sustainable.
56. The international community should also support reparations mechanisms in
countries emerging from armed conflict. Reparations are a way of providing social
justice in post-conflict societies, and are an effective additional accountability
mechanism. This is particularly the case in areas where access to justice and redress
through the courts is difficult or not possible because of a weak judicial system or a
lack of confidence in the judiciary, where the identity of perpetrators are unknown,
or where, for political reasons, perpetrators of human rights abuses are exempted
from judicial accountability processes.
D.
The need for a protection dialogue
57. In its resolution 64/146, the General Assembly called on States and other
parties to armed conflict that engage in violations and abuses against children in
contravention of applicable international law to take time-bound and effective
measures to end such practices. The delivery of protection and assistance to child
victims of violations and abuses in armed conflict by States, together with United
Nations entities, civil society and regional organizations, necessitates a dialogue
among all partners involved, in order to ensure coordination and the establishment
of appropriate response mechanisms. Partnerships with Governments are critical in
ending grave violations against children. In this regard, inter-ministerial committees
composed of relevant Government entities can serve as effective forums for
coordination and dialogue with United Nations counterparts.
58. Where relevant and possible, dialogue with non-State actors may take place in
the context of peace processes. However, working closely with the relevant
Governments, dialogue on the establishment of time-bound and effective measures
to protect child victims — including action plans to halt particular violations —
should be explored regardless of the status of political discussions. Contexts vary
and experience has shown that innovation is a key ingredient for effective protection
measures to be put in place. In the absence of a peace process Governments, as the
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