Volume 16, Issue 61 (7-2016)                   refahj 2016, 16(61): 9-46 | Back to browse issues page

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Salehi J. (2016). The Jurisprudence of the International Criminal Courts in Dealing with Gender-Based Crimes against Girl Children Soldiers. refahj. 16(61), 9-46.
URL: http://refahj.uswr.ac.ir/article-1-2562-en.html
The Jurisprudence of the International Criminal Courts in Dealing with Gender-Based Crimes against Girl Children Soldiers
Javad Salehi *
Abstract:   (8329 Views)

Introduction: Gender-Based crimes against girl children soldiers which are one of the international concerns were the subject of international criminal law from past two decades. The perpetrators of these crimes in international courts for Yugoslavia, Rwanda, Sierra Leone have been considered by the judges, but in practice faced serious gaps to punish them, although all efforts which were made by the International Criminal Courts from early stage in this area to give a panoramic view of these crimes to international community and bring it to the International Criminal Court. Congo was the first case of sexual allegations against the girl children soldiers in Criminal Court. Women human rights activists collected many evidence and gave them to victims and witnesses. Those evidence indicate the sexual crimes against girl children soldiers were committed by Lubango or his forces. In the case of Lubango non-governmental organizations contributed to an attempt to collect and present evidence of sexual crime. Legal representatives of sexual crimes victims refer to witnesses' assertion to indicate girls were recruited widely and systematically to assault sexual crimes against them. The prosecutor also did a lot of research in Congo to report on the sexual offense against the girl children soldiers cited in these areas. However, the prosecutor did not pay any attention to these reasons.

Critical Review: However, the Criminalization of Gender-Based crimes in the statute of the Court in evolutionary approach is a historic occasion and hope that no impunity for the perpetrators of gender-based crimes does not exist. Rome Statute prepares wider context to prosecute gender-based crimes against girl children soldiers in the International Criminal Court that missed in previous courts. Although the statutes have predicted the complete set of indictable gender-based crimes, personnel and organizational requirements, but it is disheartening to see how these facilities use for the benefit of victims of gender-based crimes in the International Criminal Court precedent. Rape charges against Lubanga in the court has particular weaknesses which were caused by the performance of prosecutors and Pre-Trial Chamber, collecting insufficient evidence, incomplete indictment, and court inaccurate interpretation on sex crimes against girl children soldiers. Many reasons which were supported the occurrence of certain sex crimes by Lubango were heard during the hearings. The witnesses for the prosecution also testified occurrence of crimes and confirmed it during the hearings. Finally, these efforts found a great result. The methodology of this research was descriptive-analytic and relying on the history and jurisprudence of the Former Criminal International Court including; Yugoslavia, Rwanda, Sierra Leone and the International Criminal Court which were dealing with gender-based crimes on girl children soldiers.

Discussion: Results of this study, after review course to the jurisprudence of the former Criminal International Tribunal to International Criminal Court in dealing with gender-based crimes, reflect the fact that despite of development of international criminal law there are still bugs and deficiencies in jurisprudence of International Criminal Court in the fight against gender-based crimes on girl children soldiers in Congo situation. The prosecutor's statement, reasons for legal representatives of victims and witnesses were not considered by the justices. No new charges based on allegations of sex crimes has added to the former list of Lubango's charges. Lubanga was on trial for the same charges, registration girl children soldiers. The final decision issued too little impact of sexual violence against Lubanga.

Keywords: Former Criminal International Courts, Gender-Based Crime, International Criminal Court, International Criminal Law, Jurisprudence
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Type of Study: review |
Received: 2016/09/17 | Accepted: 2016/09/17 | Published: 2016/09/17
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