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Full-Text Articles in Law
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Faculty Journal Articles and Book Chapters
This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.
The Katanga Complementarity Decisions, Susana Sacouto
The Katanga Complementarity Decisions, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …