Legal Framework and Definition of Grave Violations

© UNICEF/NYHQ2011-0467/Mia Farrow
Grace [NAME CHANGED] sits in the dormitory at a transit centre for children who were rescued or escaped from the LRA, in the town of Yambio, capital of Western Equatoria State in Southern Sudan. The centre is run by the State�s Ministry of Social Development and was built with UNICEF support.

The MRM was initiated as a formal process on the basis of Security Council Resolution 1612 [PDF], and further strengthened by Resolutions 1882 [PDF] and 1998 [PDF]. As such, these resolutions represent the immediate legal basis and framework of the MRM. Therefore, all personnel involved in the implementation of the MRM must be thoroughly familiar with the Security Council resolutions on children and armed conflict. Additional guidance is provided by the Report of the Secretary-General on CAAC (A/59/695-S/2005/72) [PDF] which includes a comprehensive Action Plan for the establishment of the MRM.

Beyond the resolutions, the MRM is based on legal instruments and norms that are in place for the protection of children affected by armed conflict.10

These include:

To ensure consistent application in all situations of concern and common terminology of reports, the MRM shall operate on the basis of agreed definitions of the six categories of violations. These definitions are specified in the Field Manual accompanying these Guidelines.11

The six categories of grave violations, as defined under the MRM, constitute acts that contravene international humanitarian law, international human rights law, international criminal law or other international protection norms.

10 Refer to the MRM Field Manual (Section D "The Violations" and Annex II [PDF]) for full details.
11 Footnote reference to the Field Manual definitions.

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