Start Submission Become a Reviewer

Reading: Ensuring Protection of Child Soldiers from Sexual Violence: Relevance of the Ntaganda Decisi...

Download

A- A+
Alt. Display

Opinion Articles

Ensuring Protection of Child Soldiers from Sexual Violence: Relevance of the Ntaganda Decision on the Confirmation of Charges in Narrowing the Gap

Author:

Ana Martin Beringola

Amnesty International Spain, ES
About Ana Martin

Ana Martin is a human rights lawyer. She worked as a Legal Officer against the sexual exploitation of children for ECPAT International (2014-2015); previously, Ana worked as a consultant on issues of universal jurisdiction and international crimes (2012-2014). Ana holds a LL.M. in International Humanitarian Law (Geneva Academy), a degree in Spanish Law (Complutense University), and a degree in French Law (Sorbonne University). At the time of writing, she studied a MSc in International Crimes and Criminology (Vrije Universiteit).

X close

Abstract

The protection of child soldiers from sexual violence has been very difficult to ensure in international justice. If child soldiers were considered to be “directly/actively” participating in hostilities, according to the principle of distinction between combatants and civilians, they lost humanitarian protection against attack, including from sexual violence. The Ntaganda Decision on the confirmation of charges of 2014 opens the door to get out of this catch-22 situation. It clarified that those subject to sexual violence “cannot be considered to have taken active part in hostilities during the specific time when they were subject to acts of sexual nature.” Thus, this interpretation of the standard “directly/actively” participating in hostilities has the potential to fill the gap and ensure child soldiers protection from sexual violence. This article explains why the Ntaganda finding of the Pre-Trial Chamber should be upheld: for its capacity to ensure protection to “all” child soldiers independently of their role, and its coherence with the child protection mandate established in the Rome Statute and in international humanitarian law.

How to Cite: Beringola, A.M., 2016. Ensuring Protection of Child Soldiers from Sexual Violence: Relevance of the Ntaganda Decision on the Confirmation of Charges in Narrowing the Gap. Amsterdam Law Forum, 8(2), pp.58–68. DOI: http://doi.org/10.37974/ALF.285
1
Views
Published on 01 Jun 2016.

Downloads

  • PDF (EN)

    comments powered by Disqus