When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga
This paper explores the scope of activities children may engage in for a defendant to be convicted for using them to participate in hostilities under the Statute of the International Criminal Court (ICC). It analyses the relevant international law provisions and the ICC’s decisions in the Lubanga ma...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2016-09-01
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| Series: | Utrecht Journal of International and European Law |
| Subjects: | |
| Online Access: | http://www.utrechtjournal.org/articles/321 |
| _version_ | 1818147932471296000 |
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| author | Joshua Yuvaraj |
| author_facet | Joshua Yuvaraj |
| author_sort | Joshua Yuvaraj |
| collection | DOAJ |
| description | This paper explores the scope of activities children may engage in for a defendant to be convicted for using them to participate in hostilities under the Statute of the International Criminal Court (ICC). It analyses the relevant international law provisions and the ICC’s decisions in the Lubanga matter. It finds that a broad scope of activities more effectively assists the protection of children from use in hostilities. It also identifies inconsistencies in the relevant international law provisions and proposes a number of factors future ICC Chambers can use to consistently characterise activities in future prosecutions. |
| first_indexed | 2024-12-11T12:43:06Z |
| format | Article |
| id | doaj.art-f2484cac55bd4800a8a3da52cef7fd79 |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-12-11T12:43:06Z |
| publishDate | 2016-09-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-f2484cac55bd4800a8a3da52cef7fd792022-12-22T01:06:54ZengUbiquity PressUtrecht Journal of International and European Law2053-53412016-09-013283699310.5334/ujiel.321127When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after LubangaJoshua Yuvaraj0Lawyer and Officer of the Supreme Court of Victoria, MelbourneThis paper explores the scope of activities children may engage in for a defendant to be convicted for using them to participate in hostilities under the Statute of the International Criminal Court (ICC). It analyses the relevant international law provisions and the ICC’s decisions in the Lubanga matter. It finds that a broad scope of activities more effectively assists the protection of children from use in hostilities. It also identifies inconsistencies in the relevant international law provisions and proposes a number of factors future ICC Chambers can use to consistently characterise activities in future prosecutions.http://www.utrechtjournal.org/articles/321LubangaChildrenActive participationHostilitiesInternational Criminal Court |
| spellingShingle | Joshua Yuvaraj When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga Utrecht Journal of International and European Law Lubanga Children Active participation Hostilities International Criminal Court |
| title | When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga |
| title_full | When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga |
| title_fullStr | When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga |
| title_full_unstemmed | When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga |
| title_short | When Does a Child ‘Participate Actively in Hostilities’ under the Rome Statute? Protecting Children from Use in Hostilities after Lubanga |
| title_sort | when does a child participate actively in hostilities under the rome statute protecting children from use in hostilities after lubanga |
| topic | Lubanga Children Active participation Hostilities International Criminal Court |
| url | http://www.utrechtjournal.org/articles/321 |
| work_keys_str_mv | AT joshuayuvaraj whendoesachildparticipateactivelyinhostilitiesundertheromestatuteprotectingchildrenfromuseinhostilitiesafterlubanga |