Mr. Chairman,
Distinguished delegates,
Ladies and gentlemen,

The Caucus for Children's Rights in the International Criminal Court thanks you for the opportunity to address you this afternoon.

Evidence shows that in today's armed conflicts children are increasingly the victims of genocide, crimes against humanity and serious violations of the laws and customs of war. Children are often deliberately targeted as part of a campaign to terrorize, subjugate and destroy entire communities and peoples. It is essential that such gross acts of violence be brought within the jurisdiction of the Court and that the Court have expertise in the protection of children, both as witnesses and victims of crimes, and as another kind of victim, when manipulated by adults to commit acts of war.

One of the most alarming, trends in contemporary armed conflicts is the reliance on children as soldiers. Although both the Protocols to the Geneva Conventions and the Convention on the Rights of the Child ban the recruitment of children under 15 and their participation in hostilities, such young children are found in government armies and, more commonly, in armed rebel groups. Some are forcibly recruited, often at their schools, others join quote "voluntarily". The Children's Caucus believes that the distinction between compulsory and voluntary recruitment or enrolment or enlistment is meaningless when speaking about children under 15.

The involvement of children in war ranges from front-line fighting, to scouting or to serving as informers, messengers, porters, cooks or drivers. Young child recruits may be sexually abused and forced to live as sexual slaves to soldiers. Children acting in these non-combat roles are often exposed to hazardous conditions - including combat. The Children's Caucus believes that the definition of war crimes must consider the full range of children's participation, and not be limited by the words direct or active, when discussing their participation in hostilities. The Caucus strongly recommends the inclusion in the statute of the language already provided by international humanitarian and human rights law, namely the ban on recruiting and allowing, children under 15 to take part in hostilities.

With regard to children who perpetrate crimes against others, the Children' s Caucus believes that the International Criminal Court would be an inappropriate forum for their adjudication and treatment. The Court should have no jurisdiction over persons who were under the age of 18 at the time they are alleged to have committed a crime which would otherwise come within the jurisdiction of the Court. The Court, with its punitive purpose, is fundamentally at odds with the rehabilitative purpose of international standards on juvenile justice. Should the Court take on the responsibility of prosecuting and trying minors, it would have to adopt special measures regarding their trial, treatment and sentencing, in compliance with international juvenile justice standards.

Excluding children under 18 from the Court's jurisdiction does not mean that crimes carried out by children would go unpunished. Under the principles of individual criminal responsibility and command responsibility, the Court could impose accountability on adults who used children to commit crimes. Moreover, where adults deliberately used children to commit crimes within the jurisdiction of the Court, or targeted them as victims, this should be considered an aggravating factor in sentencing.

Finally, Mr. Chairman. distinguished delegates, ladies and gentlemen, the protection of children in armed conflict will only come alive in a strong and effective Court, with an independent prosecutor, and with universal and inherent jurisdiction over its core crimes. Thank you.