La relevancia de haber sido niño soldado para la atribución de la responsabilidad penal por crímenes internacionales de miembros de grupos armados

Abstract

The criminal liability of child soldiers has been extensively addressed in recent years, given the growing interest in child soldiers as a research topic. However, one aspect was relatively unexplored: the relevance of being a former child soldier in the attribution of criminal liability for international crimes committed by members of an armed group. This changed when in December 2016, Dominic Ongwen’s case started before the International Criminal Court for crimes against humanity and war crimes. For the Counsel for the Defence, the fact of his recruitment at age 9 by the Lord’s Resistance Army in Uganda was essential. In this regard, the issue consisted in determining whether being a former child soldier is relevant for excluding criminal responsibility, as a mitigating factor for the determination of the penalty, or if it is not relevant. The purpose of this article is to elucidate this issue through a critical legal analysis of the t Trial Judgment and the Sentence in this case, with the aim to contribute elements to the developing discussions in appeals before the International Criminal Court and before national tribunals as the Special Jurisdiction for Peace in Colombia.