Crimes of Sexual Violence Committed within an Armed Group: The Case of Child Soldiers in the Prosecutor vs. Bosco Ntaganda Case

The International Criminal Court recently confirmed its jurisdiction in the caseagainst Bosco Ntaganda, on alleged war crimes of rape and sexual slavery committedagainst child soldiers belonging to the same armed group of their aggressor. Thisarticle will critically examine the reasons and justifica...

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Bibliographic Details
Main Author: Fernández Carter, Catalina
Format: Article
Language:English
Published: 2018
Subjects:
Ntaganda case
protected person
war crimes
child soldiers
Rome Statute
caso Ntaganda
persona protegida
crímenes de guerra
niños soldados
Estatuto de Roma
pessoa protegida
crimes de guerra
criançassoldados
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6587728
Source:Anuario Iberoamericano de Derecho Internacional Penal, ISSN 2346-3120, Vol. 6, 2018, pags. 225-231
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Crimes of Sexual Violence Committed within an Armed Group: The Case of Child Soldiers in the Prosecutor vs. Bosco Ntaganda Case
Summary: The International Criminal Court recently confirmed its jurisdiction in the caseagainst Bosco Ntaganda, on alleged war crimes of rape and sexual slavery committedagainst child soldiers belonging to the same armed group of their aggressor. Thisarticle will critically examine the reasons and justifications provided by the Courtto establish its jurisdiction, and, in particular, the interpretation made by the Courtregarding the need to incorporate additional requirements to the description ofwar crimes of rape and sexual slavery within the established framework of international law.For these purposes, we will begin by analyzing the traditional concept of protectedperson in humanitarian law, highlighting then the essential aspects of the Court’sdecision. Next, we will examine the fundamental differences between letters (a)and (c), on one hand, and letters (b) and (e), on the other, both of Article 8.2 of theRome Statute, in order to determine whether the international humanitarian lawconfirms the conclusion of the Court in relation to crimes committed withinarmed groups. Finally, some conclusions and alternatives are presented, whichcould allow the Court to exercise jurisdiction over this type of crimes, even if thevictims were adult members of the same armed group.

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