Chapter 1 examines the theoretical basis of the best interests principle. This chapter examines the implications and demands of the principle, and it explores how the principle is to be applied. In line with the guidance provided by the Committee on the Rights of the Child, the best interests principle is understood to be a right, the content of which is guided by reference to the other rights contained in the UNCRC. The advantage of this approach is that it allows the best interests principle to be realised in a structured manner, namely one that is guided by the UNCRC. The chapter provides further nuance to the best interests principle by identifying a new conceptual framework for its application. This framework is designed to overcome the perceived deficiencies of the principle. The framework not only is largely based on the guidance of the Committee, but also suggests that social science literature should be incorporated into the best interests assessment to provide broader guidance about what is ‘best’ for children in particular situations.

Individuals who have committed atrocities may be tried by national courts for international crimes or for ordinary crimes (the underlying offence). Children who come into conflict with the law are accorded special protection under international human rights law which goes beyond the protection provided to adults. Chapter 2 provides a detailed review of international juvenile justice standards, in particular those contained in the CRC, pertaining to children who come into conflict with the law generally. These include minimum procedural guarantees, restrictions on sanctions, and the requirement on states to establish a minimum age of criminal responsibility, put in place juvenile-specific laws, procedures and institutions, and act in the best interests of the child. The focus then shifts to child perpetrators of international crimes. The chapter considers briefly whether children can be prosecuted for international crimes, analysing international criminal law and practice and the treaties that require states to prevent and punish core international crimes. After establishing that children can be prosecuted for international crimes, the chapter argues that a child who is accused of committing genocide, or any other international crime, is entitled to the same rights and protections as a child who has committed an ordinary crime.

Chapter 6 explores the approach of international actors to child génocidaires and to the Rwandan government’s legal and policy responses to such children. It describes briefly the approach of UN bodies (both non-operational and those with a field presence in Rwanda) and international NGOs. It then details UNICEF Rwanda’s involvement with child génocidaires, examining how it became involved with the issue and providing an overview of its activities. It draws upon specific issues to exemplify how UNICEF Rwanda interpreted and applied international standards in the Rwandan context and illustrates the contention within UNICEF, and the friction between UNICEF Rwanda and other actors over how best to implement the CRC, particularly as regards institutionalisation. It finds that UNICEF Rwanda interpreted the provisions of the CRC (and related instruments) in a non-restrictive way to fit the Rwandan context, relying in particular on the best interests of the child principle, and that this included working progressively towards implementation and compliance and prioritising some rights over others.