ICC POLICY ON CHILDREN: OVERVIEW

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled «Policy on Children» issued in 2016 (hereinafter — Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice — complementarity and promotion of the interests of victims — find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims' rights to reparations remains a pressing issue and challenge for the ICC.