[child-rights] Special Court for Sierra Leone rules child recruitment a 'war crime'

UNICEF Press release

NEW YORK/FREETOWN, 17 June 2004 ­ The Special Court for Sierra Leone
recently ruled that the recruitment or use of children under age 15 in
hostilities is a war crime under customary international law.  This
landmark ruling may result in the first ever conviction for the
recruitment of child soldiers.  UNICEF welcomes the Court's decision as a
bold effort to hold perpetrators accountable for serious crimes against
children.

The decision by the Appeals Chamber came in response to an assertion by
one of the accused that he was immune from prosecution because the
recruitment or use of children under 15 in hostilities was not established
as a war crime during the period of the Special Court's authority, dating
back to 1996.  The Appeals Chamber dismissed the motion by a majority of 3
­ 1.

Responding to the Court's decision UNICEF Executive Director Carol Bellamy
said, "This ruling is an important milestone because it holds perpetrators
criminally responsible.  It should set off alarm bells to armed groups
around the world and act as a deterrent to future recruitment and use of
children in hostilities."

The Court's ruling comes at a critical time when both girls and boys
continue to be recruited to fight as soldiers in adult wars.  Tens of
thousands of child soldiers across the globe are forced to commit
atrocities or are used as cooks, porters and for sexual purposes.  These
children are often subjected to extreme brutality ­ including physical
torture, sexual violence and rape.  An estimated 6,000 children were
demobilized at the end of the civil war in Sierra Leone. It is widely
believed that the number of children (especially girls) who served in
various capacities in the armed groups is actually much higher.

Eleven persons from all three of Sierra Leone's former warring factions
have been indicted by the Special Court. They are charged with war crimes,
crimes against humanity, and other serious violations of international
law.  All of them have been accused of the recruitment or use of children
as soldiers.

The Special Court for Sierra Leone was jointly created by the Government
of Sierra Leone and the United Nations in January 2002.  It is mandated to
try those who bear the greatest responsibility for serious violations of
international humanitarian law and Sierra Leonean law committed in the
country since 30 November 1996.

****

For further information, please contact:
Jehane Sedky-Lavandero, UNICEF New York, 212 326 7269,
Alexandra Westerbeek, UNICEF Sierra Leone,  +232 76 601 310

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