Publication details
Brothers And Sisters In Arms As Victims Of War Crimes: Ntaganda Case Before The ICC
| Authors | |
|---|---|
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Czech Yearbook of Public & Private International Law |
| Citation | |
| Keywords | War crimes, direct participation in hostilities, ICC, international criminal law, international humanitarian law, adversary, intra-party violence |
| Description | The article analyzes three decisions of paramount importance rendered by the International Criminal Court concerning the position of victims of rape and sexual slavery under Article 8 of the Rome Statute which were adopted in the Ntaganda case. Although the Defence argued from the initial moment of the proceedings that war crimes might be perpetrated only against members of the other party to the confl ict, the International Criminal Court’s chambers repeatedly confi rmed jurisdiction of the Court even in relation to war crimes committed within one armed group. Based on analysis of the legal framework of the Rome Statute and related relevant rules of international humanitarian law, in conformity with decisions of the Court, the author presents the opinion that crimes of rape and sexual slavery might be perpetrated also against members of one’s own armed forces. Persons who are directly participating in hostilities should be nevertheless excluded from the scope of protection. By extension of protection even to these persons, the Trial Chamber’s and Appeals Chamber’s decisions clash with the guiding principle the law applicable before the Court is subjected to, i.e. the principle of legality (nullum crimen sine lege). |