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Full-Text Articles in Law
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks
University of Miami National Security & Armed Conflict Law Review
The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-‐congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga¹s liability. But under the law of …
Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver
Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver
University of Miami National Security & Armed Conflict Law Review
No abstract provided.