Violations against the six grave violations of children’s rights in armed conflict and the right to reparation - An analysis of the judicial development of the right to reparation by the ICC

Sammanfattning: Children’s rights have consistently been abused during armed conflicts. There have been more than 266,000 grave violations against children’s rights be-tween 2005 and 2020, even though the real number probably is higher. The UN has identified six grave violations against children’s right during armed conflict. The thesis aims to highlight how the reparation for violation of the six grave violations against children’s rights during armed conflicts has de-veloped with the ICC cases the Prosecutor v. Lubanga and the Prosecutor v. Ntaganda. The thesis uses the legal dogmatic method and an international and critical perspective. The material used is a mix of cases from the ICC, treaties and resolutions, literature from researchers with legal expertise in the field as well as various reports that are ICC or UN related. The thesis covers how the ICC is reasoning regarding the reparation mecha-nism. ICC have a broad long-term perspective and highlights the importance of a flexible and included reparation mechanism with an individual perspec-tive. The Court also separates the reparation mechanism for children and in-cludes additional factors to take into consideration when deciding the appro-priate reparation mechanism for child victims. The thesis concludes that the two cases from ICC contributes to developing the reparation mechanism when violations of the six grave violations against children’s rights during armed conflicts occur. The Court gives the individual victim rights and stresses the importance of finding appropriate reparation mechanisms for each situation, which might vary from situation to situation. The Court also takes on a special child perspective.