Sexual Violence against Child Soldiers THE LIMITS AND POTENTIAL OF INTERNATIONAL CRIMINAL LAW

Rosemary Grey

    Research output: Contribution to journalArticle

    Abstract

    In addition to participating in hostilities, girl soldiers are often raped, sexually enslaved and used as "bush wives" by their commanders and fellow soldiers. As this issue of sexual violence against girl soldiers has become increasingly visible in recent cases before the International Criminal Court (ICC) and Special Court for Sierra Leone (SCSL), attempts have been made to prosecute this conduct within the established framework of international criminal law. Most recently, this issue has been addressed in the case of The Prosecutor v Bosco Ntaganda, one of the six cases that have come before the ICC from the situation in the Democratic Republic of Congo. On 9 June 2014, the Pre-Trial Chamber confirmed the charges in the Ntaganda case, and found that the rape and sexual slavery of girl soldiers in Ntaganda's armed group by other members of that group could constitute war crimes under Article 8(2)(e)(vi) of the Rome Statute. This article considers what the Ntaganda decision adds to the jurisprudence on sexual violence against child soldiers, and what it demonstrates about the limits of the law.
    Original languageEnglish
    Pages (from-to)601-621
    JournalInternational Feminist Journal of Politics
    Volume16
    Issue number4
    DOIs
    Publication statusPublished - 2014

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