Mapping Report > Section II. Inventory of Specific Acts of Violence > CHAPTER II. Acts of violence committed against children > B. Specific case of children associated with armed groups and forces (CAAFAG) > 4. Crimes committed by CAAFAG and youth justice
A direct consequence of the widespread use of CAAFAG between 1993 and 2003 was that numerous children were involved in serious violations of human rights and international humanitarian law.
It is crucial to bear in mind the fact that, in many cases, the CAAFAG were used, brutalised or threatened with death in order to force them to commit the most unspeakable of crimes. In other cases, they were actively encouraged to commit them. Although they may have been the authors of serious crimes, these children still remain first and foremost the victims. When children commit violations, it is essential first to pursue the political and military leaders responsible for the crimes committed by CAAFAG under their command, based on the principle of hierarchical superiority and the person with the most responsibility, as well as to investigate the extent to which the children were forced to act or were influenced by their adult superiors. Even taking this into consideration, some children may, however, still be considered responsible for their crimes and, in these specific cases, they could be prosecuted through the domestic courts in accordance with the norms and principles of international law on fair trials for children under 18 years of age, in which the best interest of the child is established as a priority.1299 In any case, the rehabilitation and reintegration of children into society should take precedence over punishment.
It must be noted that these principles were not respected by the Congolese military courts, which have sole competence to hear crimes under international law.1300 In fact, a number of CAAFAG were detained,1301 prosecuted and sometimes sentenced to death by the Military Order Court (Cours d’ordre militaire),1302 which has been criticised for its injustices, in violation of all principles of international law with regard to fair trials for children under the age of 18, in particular the Convention on the Rights of the Child. Seven children were tried separately in Kinshasa, Mbandaka and Matadi between 1999 and 2002 and sentenced to death. They were convicted of “conspiracy”, “first-degree murder”, “squandering of weapons” and “murder in times of war”. In six of these cases, the sentence was commuted to life imprisonment by presidential decree but one child was executed in Kinshasa on 15 January 2002, only 30 minutes after his sentence had been passed.1303
See also:
1299 See Arts. 37 and 40 of the Convention on the Rights of the Child along with General Comment No. 10
(2007) of the Committee on the Rights of the Child, Children’s rights in juvenile justice (CRC/C/GC/10).
1300 Since the 2002 reform, military courts have not had the authority to hear cases involving children (Art. 114 of the Military Judicial Code). Previously, as soon as they were enrolled in a military school or were serving under the flag, they could be tried before the military courts (Art. 129 of the Military Justice Code).
1301 Child soldiers arrested in Bas-Congo in 1998 reportedly remained in detention for more than five years without appearing before a judge. See CODHO, Des arrestations et détentions arbitraires à Kinshasa, 2003.
1302 On 1 May and 20 August 2001 and 22 May 2003, the Special Rapporteur on extrajudicial, summary or arbitrary executions, in association with the Special Rapporteur on the situation of human rights in the DRC sent urgent appeals to the Government of the DRC in relation to the death sentences passed on five minors by the Military Order Court (E/CN.4/2002/74/Add.2 and E/CN.4/2004/7/Add.1), Tenth report of the Secretary-General on MONUC (S/2002/169); AI, Children at War, 2003.
1303 MONUC, Child Protection Section, September 2002.
