Abstract
Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!
Highlights
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.”
According to the principle of distinction central to International Humanitarian Law (IHL), persons considered to “take a direct part in hostilities” are deprived from the humanitarian protection against attack accorded to civilians
The Ntaganda Decision on the confirmation has the potential to fill the gap in protecting child soldiers from sexual violence
Summary
VOL 8:2 mean that soldiers were free to sleep with her. Witness P-0758 is considered a girl “associated” with an armed force or group, a concept used in human rights jargon to refer to any person below 18 recruited or used by an armed group “in any capacity,” including in situations like active hostilities or for sexual purposes.. According to the principle of distinction central to International Humanitarian Law (IHL), persons considered to “take a direct part in hostilities” are deprived from the humanitarian protection against attack accorded to civilians.. According to the principle of distinction central to International Humanitarian Law (IHL), persons considered to “take a direct part in hostilities” are deprived from the humanitarian protection against attack accorded to civilians.4 Express IHL provisions establish that children taking (direct) part in hostilities lose humanitarian protection, which they only recover when their participation in hostilities ceases.5 This catch-22 situation prevents ensuring child soldiers protection against sexual violence if they are considered to be taking part in hostilities.
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