Date: 2010
Type: Article
Indirect victims’ participation in the Lubanga trial
Journal of international criminal justice, 2010, Vol. 8, No. 1, pp. 183-198
SPIGA, Valentina, Indirect victims’ participation in the Lubanga trial, Journal of international criminal justice, 2010, Vol. 8, No. 1, pp. 183-198
- https://hdl.handle.net/1814/62346
Retrieved from Cadmus, EUI Research Repository
On 8 April 2009, Trial Chamber I of the International Criminal Court issued a decision on the participation of ‘indirect victims’ in the Lubanga case. The thorny question scrutinized by the Trial Chamber was whether applicants who allegedly suffered harm as a result of crimes committed by child soldiers might be considered ‘indirect victims’ of the case. After presenting a critical analysis of the decision, this article submits that the notion of ‘indirect victim’ in Lubanga should include the persons harmed by the conduct of direct victims (i.e. the child soldiers), provided that such conduct is causally linked to the charges against the accused. Accepting such a broad notion of ‘indirect victim’ would not hinder the rights of the accused, while taking into account the specificity of the crime of conscripting, enlisting or using child soldiers.
Additional information:
Published: 2 March 2010
Cadmus permanent link: https://hdl.handle.net/1814/62346
Full-text via DOI: 10.1093/jicj/mqq009
ISSN: 1478-1387; 1478-1395
Publisher: Oxford University Press
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