Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
Loading...
Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Brill Academic Publishers
Abstract
The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the ICC raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen’s experiences as a child soldier could serve as a possible defence and/or as a mitigating factor.
Description
Keywords
Dominic Ongwen, Child soldiers, International criminal court, Defence, mitigating factors, Victims, Indoctrination, Forcible recruitment
Citation
Nortje, Windell. (2017). Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court. International Criminal Law Review, 17(1): 186-207.