Questions on the involvement of children in armed conflict - Children’s Convention from the United Nations
Question 31(a) and (b)
Please inform the Committee about the measures taken to implement the recommendations contained in its concluding observations on the initial report of the State party under article 8 (1) of the Optional Protocol to the Convention on the involvement of children in armed conflict (CRC/C/OPAC/CO/2003/NZL) and its concluding observations on the fifth periodic report of the State party under the Convention (CRC/C/NZL/CO/5), in particular to:
- Explicitly prohibit and criminalize the recruitment and use in hostilities of persons under 18 years of age by non-State armed groups;
- Establish extraterritorial jurisdiction for crimes covered by the Optional Protocol on the involvement of children in armed conflict.
Reply to 31(a) and 31(b)
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]
Footnotes
- 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
- 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
