Human Rights Watch (HRW) has called on the United Nations to prioritize protections for children in the drafting of a new treaty aimed at permitting international prosecution or extradition of individuals accused of crimes against humanity. This appeal comes as diplomats prepare to convene in New York from January 19 to 30, 2024, for discussions on the proposed treaty.
HRW expressed concern that the current draft mentions children only twice: once in the preamble and once in the definition of enslavement, stated in Article 2(1)(c). The organization highlighted that many crimes against humanity specifically targeting children, such as age-based persecution and the recruitment of children by armed forces, are conspicuously absent from the text. According to HRW, this omission is troubling given that nearly one-third of the global population is under the age of 18, with approximately 149 million children living in “high intensity” conflict zones.
Children are frequently victims of severe crimes, including murder, rape, torture, and slavery. Rights organizations have increasingly emphasized the lack of accessible and safe justice mechanisms for these vulnerable populations. Alicia Buenrostro Massieu, the Deputy Permanent Representative of Mexico to the United Nations, underlined the moral obligation to create a treaty that ensures that children are not overlooked in efforts to combat crimes against humanity.
Crimes against humanity constitute systemic attacks against civilian populations, yet no existing treaty imposes obligations on nations to enforce these crimes. While these offenses are recognized in the Rome Statute, the proposed treaty aims to formalize them on an international level. Under international law, children are recognized as independent rights holders, possessing a unique set of rights that reflect their age. This includes the entitlement to special care and protection essential for their safety and well-being.
A coalition of 38 organizations and rights experts, including HRW, has endorsed a series of proposals from the Global Justice Centre. These proposals advocate for the inclusion of child-specific provisions that address the distinct experiences of children in conflict situations. As the drafting process unfolds, the focus remains on ensuring that the rights and protections of children are adequately represented in this crucial international treaty.
