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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The International Criminal Court and 'Lubanga': a feminist critique and 'jus cogens'
Author:Engle, Eric AllenISNI
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Geographic term:Congo (Democratic Republic of)
Subjects:International Criminal Court
war crimes
child soldiers
international criminal law
Abstract:Charles Lubanga, from the Democratic Republic of Congo, was tried before the International Criminal Court (ICC) and found guilty of the war crime of recruiting and using child soldiers. Despite procedural missteps, the Lubanga decision further anchors the prohibition of child soldiers and child auxiliaries under international law. Feminist criticisms of Lubanga misapprehend the potential of 'Lubanga' to attain the types of legal victories feminists strive for. While one can criticize the decision from a procedural point of view, it methodically strengthens the prohibition of child soldiery. This prohibition is another step towards a jus cogens prohibition of child soldiers, child auxiliaries, and child sex workers. 'Lubanga' contributes to a coherent jus cogens and sets the stage for the extension of its logic into other wrongs committed to children. Notes, ref., sum. [Journal abstract, edited]