Optional Protocol on the involvement of children in armed conflict - UNCROC - Sixth Periodic Report by the Government of New Zealand 2021

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Reply to 31(a) and 31(b)

  1. New Zealand has extraterritorial jurisdiction for the war crimes specified in Articles 8(2)(b)(xxvi) and 8(2)(e)(vii) of the Rome Statute. [1] Proceedings may be brought for an offence whether or not any act forming part of the offence occurred in New Zealand under s 8(1)(c) of the International Crimes and International Criminal Court Act 2000. The relevant Rome Statute provisions only apply to conscripting or enlisting children under the age of 15 and/or using them to participate actively in hostilities. Beyond this, members of the New Zealand Defence Force (NZDF) can also be charged (and punished if convicted) for using children to take a direct part in hostilities or recruiting children into armed forces or armed groups. [2]

Reply to 36

See the reply to paragraph 9(c).

Reply to 37

See tables 4-8 of the Data Annex.

Reply to 39(d)

In 2019/2020, 136 adoption applications were filed in New Zealand. This number has decreased over the past 10 years, with 212 adoption applications filed in 2010/2011. Almost half of these children (49%) were aged under 12 months.

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Footnotes

  1. For the purpose of the Rome Statute, “war crimes”, in the context of armed conflict not of an international character, can mean “conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities”. Return to text
  2. New Zealand Defence Force, Manual of Armed Forces Law – Law of Armed Conflict (DM 69 (2 ed) Volume 4 at 14.6.10. Return to text