Human Rights Watch (HRW) has called on the United Nations to place greater emphasis on child protections in the upcoming treaty aimed at enabling international prosecution or extradition of individuals accused of crimes against humanity. The organization highlighted on Monday that the current draft only references children twice, raising concerns about the adequacy of protections for this vulnerable demographic.
The treaty discussions are set to take place at the United Nations in New York from January 19 to 30, 2024. HRW pointed out that the draft text includes children only in the preamble and within the definition of enslavement in Article 2(1)(c). According to HRW, this oversight is significant, as various crimes against humanity specifically targeting children—including age-based persecution and the recruitment of child soldiers—are not adequately addressed.
With nearly a third of the global population under the age of 18, HRW noted that approximately 149 million children currently reside in “high intensity” conflict zones. These children frequently fall victim to severe human rights violations such as murder, rape, torture, and slavery. The organization emphasized the urgent need for a treaty that recognizes these realities and offers effective forms of justice for children.
Alicia Buenrostro Massieu, the Deputy Permanent Representative of Mexico to the United Nations, reinforced this sentiment, stating, “We have a responsibility to build a treaty that does not leave children behind.” This statement underscores the collective duty of nations to ensure the treaty encompasses protections specifically for children.
Crimes against humanity represent systematic attacks on civilians, yet there is currently no treaty that mandates countries to enforce accountability for such acts. The prohibition of these crimes has long been regarded as a peremptory norm under international law. While the Rome Statute codifies these crimes, the proposed treaty aims to formalize their international enforcement.
Under international law, children are considered independent rights holders, entitled to a distinct set of protections tailored to their age. This includes the necessity for special care and safeguarding for their well-being. In response to the inadequacies identified in the draft, HRW, along with thirty-eight other organizations and rights experts, has endorsed a set of proposals from the Global Justice Centre that call for child-specific provisions. These provisions are designed to reflect the unique experiences and needs of children affected by conflict.
As the UN meetings approach, the focus on child protections will be critical in shaping a treaty that not only addresses crimes against humanity but also prioritizes the rights and safety of the world’s children.
