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UNITED NATION HUMAN RIGHTS COMMISSIONER

Mr. Andrew Gilmore
UN Headquarters 

Room S-1310, 13th floor
New York, NY 10017 
USA


Via Email: newyork@ohchr.org and hard copy

 

Date: 1st February 2023 

 

NOTIFICATION OF THE KIDNAPED HEARTS CONVENTION OF 1st FEBRUARY 2023 AT THE INTERNATIONAL CRIMINAL COURT AGAINST CHILD KIDNAPPING

 

Dear Mr. Gilmore

We are contacting you today based on the fact that the UN has helped to sign and ratify the United Nations Convention for the Protection of the Child with 196 UN Member States, who recognized the importance to protect innocent children from all kinds of cruel and inhuman treatments.

Sadly, there are ten million (10,000,000) children being kidnapped around the world every year, with very little support to prevent these crimes. This includes parental child kidnapping, ENFORCED DISAPPEARANCE of children by Government officials and sex slavery as well as child labour and child soldiers.

The International Criminal Court against Child Kidnapping (ICCACK) is an international court, headquartered in The Hague, The Netherlands, participating in a global fight to end impunity for parental and Governmental child kidnappers, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes against children and Crimes against Humanity. Our work includes to enforce international laws & treaties against parental child kidnappers and human rights abusers.

We are an international court, which acts as the last resort for the prosecution of the crime of parental or governmental child kidnapping.

The ICCACK cannot reach these goals alone. As a court of last resort against parental child kidnappers, it seeks to complement, not replace, national Courts. Governed by an international treaty called the United Nations Convention on the Rights of the Child (UNCRC) and the United Nation Universal Declaration of Human Rights, ICCACK is the world’s first permanent international criminal court against parental child kidnapping. As the UN has successfully signed and ratified with 196 Member State parties the United Nations Convention on the Rights of the Child (UNCRC), we would like to ask you for your assistance to recognize the attached Kidnapped Hearts Convention and ICCACK jurisdiction over crimes against children to prevent and/or eliminate such crimes completely.

Completion of the ICCACK Kidnapped Hearts Convention is a testimony of the support of the International Community to the global fight against impunity. Signing and ratifying the ICCACK Kidnapped Hearts Convention symbolizes the trust of the UN and its member States and their firm commitment to continue supporting a Court that is created to be permanent and that is determined to accomplish its mandate.

The ICCACK is an international institution which, with its importance in our society, for many reasons needed to create the Kidnapped Hearts Convention. To the victims, to their families, the public, and to the world, the ICCACK communicates respect, trust and hope. Therefore, this convention is not anonymous; it has the courage to express the values and the credibility of the ICCACK.

The UN as well as the 196 Member State signatories to the UNCRC should be delighted to sign and ratify the present Kidnapped Hearts Convention, to further protect children from the crime of parental or governmental child kidnapping and at the same time close a huge gap in International Laws and Treaties.

The UNCRC State parties are convinced that the interests of children are of great significance at the time of custody disputes. To protect the rights of children internationally from the irreparable harmful effects of their wrongful removal or retention and depriving of their liberty of movement to return to their habitual residence, there is an urgent need of rigorous taskmasters to be implemented.

The UNCRC State parties and parties to this Convention have agreed that a child who was living in one Convention country, and who has been removed to or wrongfully retained in another Convention country in violation of the left-behind parent's (ne exeat) custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be resolved, if necessary, in the courts of that jurisdiction. This Convention does not address who should have custody of the child; it addresses where the custody case should be heard, but it addresses the criminal aspects of parental child kidnapping and requires to hold the perpetrator accountable for his/her crime against an innocent child and the violation of the (ne exeat) custody rights of the left-behind parent.

Please find below more information about ICCACK and the work we do.

Over the past decade, parental abduction has risen by 88%. This is where one parent violates court orders and kidnaps their child, fleeing to a different state or country, without the knowledge or consent of the "left behind" parent. Most cases, however, are not reported so this is, in fact, a mere fraction of the actual figures. 

  • The majority of child abductions are committed by family members. In the US alone, more than 200,000 children are abducted by family members each year, while only 115 reported child abductions were committed by strangers.

  • Every 40 seconds in the United States, a child becomes missing or is abducted.

  • When international child abduction occurs, and the child is taken to a country that has not signed the 1980 Hague Convention, it is virtually impossible to return the child home.

  • Sadly enough, there are thousands of cases each year where judges violate international laws and treaties and decide to NOT return the wrongfully retained child to the “left behind” parent. This leads to ENFORCED DISAPPEARANCE OF CHILDREN BY GOVERNMENT OFFICIALS, which is a crime under the UN Convention.

  • More than 70 per cent of the children involved reported suffering significant effects on their mental health.

 

 

ICCACK FOUNDING TREATIES

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ICCACK's Founding Treaties, which guarantee due process and promote universal respect for the rule of law in the field of international child abductions, include, but are not limited to:

a.) The Universal Declaration of Human Rights (UDHR).

 

b.) The United Nations Convention on the Rights of the Child (UNCRC).

 

c.) The European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children.

 

d.) The 1980 Hague Convention on the Civil Aspects of International Child Abduction (1980 Hague Convention).

 

e.) The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement, and Cooperation in Respect of Parental Responsibility, and Measures for the Protection of Children (1996 Hague Convention).

 

f.) The European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols Nº 11 and Nº 14 (informally known as the European Convention on Human Rights (ECHR).

 

g.) The European Convention on the Exercise of Children's Rights.

 

h.) The Rome Statute of the International Criminal Court.

 

i.) The United Nations Committee on Enforced Disappearances (UNCED).

 

j.) The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

 

k.) The International Covenant on Civil and Political Rights (ICCPR).

 

l.) The Kidnapped Hearts Statute and Convention of the ICCACK.  

 

Based as it is on the above Founding Treaties, the ICCACK has both international legal personality and the legal capacity for the exercise of its functions for the fulfilment of its purposes. The ICCACK, and its subsidiaries, may therefore exercise its authority and establish local impartial operational INGO tribunals, as provided in its Convention, on and within the territory of any Member State and/or Contracting Party to any of its Founding Treaties.

ICCACK promotes transparency, accountability, and integrity in government and fidelity to the rule of law. As part of its mission, ICCACK regularly exposes family court judges who did not follow the rule of law by keeping wrongfully retained children unlawfully within their “jurisdiction”. At present, there are numerous violations against children's rights, due to lax enforcement of laws in regard to parental abduction.

 

Our request is that the UN would join us in the fight against child abuses, including parental child kidnapping and other criminal offenses. Would you be so kind to sign and ratify the attached Kidnapped Hearts Convention of 1st June 2019 on the CRIME OF PARENTAL CHILD KIDNAPPING, which is based on the UNCRC Convention.

Your signature and ratification will change the world for these innocent children and show each UN Member State Party that you have joined the mission of the International Criminal Court Against Child Kidnapping, which is to PROTECT AND ENFORCE THE HUMAN RIGHTS OF THE CHILD.

ICCACK is looking forward to your full support and collaboration on these important issues. Imagine, somebody would do this to your children and a “lawless judge” in another country decides NOT to return your children based on the “weak” and “outdated” The Hague Convention, which only covers the “Civil” aspects of parental child kidnapping.

How would you feel, knowing that you as the “left behind” parent will never see your children again, because a judge in a foreign land used The Hague Convention to declare your (illegal immigrant) child “well settled”. This abuse of law against innocent children and their “left behind” parents has to STOP!

 

PARENTAL CHILD KIDNAPPING IS NOT A VICTIMLESS CRIME AND IT EFFECTS OUR SOCIETY AT LARGE!

 

Denunciation 

  1. A UNCRC Member State Party may not denounce the present Statute because the Member State has signed and ratified the UNCRC.

  2. Any denunciation shall not have the effect of releasing the State Party concerned from its obligations under the UNCRC or this Statute in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.

 

Article 40

Signature and ratification

  1. This Statute shall be open to the signature of the members of the United Nations, who signed the United Nations Convention on the Rights of the Child.

  2. The present Statute shall come into force immediately regardless if any UNCRC Member State Party signs or ratifies this Statute.

THE KIDNAPPED HEARTS CONVENTION
You can download the Apostilled and Legalized Kidnapped Hearts Convention as PDF file, which has been sent to all 196 Member State Parties who signed the United Nation Convention on the Rights of the Child

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