Abstract

AbstractThe chapter begins with a brief examination of the relationship between the International Criminal Court and the crime of child soldier recruitment. What were the reasons for the first trial—Prosecutor v. Thomas Dyilo Lubanga—to focus narrowly on just one crime, instead of charges such as genocide or more established war crimes? This chapter will demonstrate that the decision to focus on child recruitment was motivated by the erroneous belief by the Office of the Prosecutor that it would be a simple and straightforward trial. The OTP had evidence that it believed would result in a ‘slam-dunk’, but its use of intermediaries to procure witnesses and its stance on discovery resulted in a much-delayed and obstacle-filled three-year trial. The progress of the Lubanga trial and the resulting Trial Chamber judgment are examined in details, and the issue of prosecuting child soldiers at the ICC is also analysed.KeywordsArmed ConflictInternational Criminal CourtInternational CriminalRome StatuteTrial ChamberThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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