The ICC Appeals Chamber, in a unanimous decision it described as “unprecedented”, has confirmed that the rape and sexual slavery of children by members the same armed group can be charged as war crimes under the Rome Statute.
The decision came in the case against Bosco Ntaganda, alleged former deputy chief of the staff of the Forces Patriotiques pour la Libération du Congo (FPLC).
The FPLC, one of the armed groups involved in the 2002-2003 conflict in Ituri, Democratic Republic of Congo, was also the focus of the ICC’s first trial, against convicted war criminal Thomas Lubanga Dyilo.
In that case, the (then) ICC Prosecutor was widely criticised for not bringing charges for the reported sexual abuse of children who had been unlawfully recruited by the FPLC – children that the ICC Office of the Prosecutor, and the ICC judges, refer to as “child soldiers”.
The prosecution later brought evidence of this sexual abuse in Lubanga’s trial. But because the prosecution had not referred to this evidence when it applied for confirmation of the charges, the majority of the Trial Chamber refused to determine Lubanga’s criminal responsibility for these crimes.
The Ntaganda case presented a chance to get a different result. Continue reading →