International Humanitarian Law Case Study Example | Topics and Well Written Essays - 1500 words

International Humanitarian Law - Case Study ExampleIt is clear that the fighting in Ruritania may non be considered as conflicts of an international char answerer. However, the facts of the case clearly states that the element of the crime as defined above is satisfied. The civilian guards did not take part in any hostilities such that they adjudicate at bottom the ambit of the above-mentioned provision.It is worthy to note the Report of the Preparatory Committee on the arrangement of an International Criminal Court on the Draft Statute for the International Criminal Court, addendum 1, UN Doc. /CONF.183/2/Add.1, p. 21. The employment of children to support the front line, or activities at the front line itself, would be included within the said provision. In the instant case, Samba (13 yrs) and Yade (14 yrs) were chosen as personal bodyguards of Guru X because they be the strongest junior Panthers. This act clearly violates the above-stated provision. In the case of Prosecutor v . Lubanga, Decision on the confirmation of charges, 29 January 2007 the ICC pronounced that Articles 8(2)(b)(xxvi) and 8(2)(e)(vii) are applicable even if children are employed to safeguard the physical safety of military commanders (Par. 263). It might be argued that the recruitment taken by the unappeasable Panthers is not covered under the purview of conscription and enlistment. In this regard, the disquisition in the same case is illuminating thusThe Rome Statute prefers the terms conscripting and recruitment to recruitment. In light of the foregoing, the Chamber holds the view that conscripting and enlisting are two forms of recruitment, conscripting being forcible recruitment, while enlisting pertains more to voluntary recruitment.It follows therefore that enlisting is a voluntary act, whilst conscripting is forcible recruitment. In other words, the childs consent is not a valid defence. (par 246-247).Hence, whether or not the enticement of the children to join the Black Pa nthers was done through force or by the voluntary acts of the former, the same is prohibited by the Statute. Although the end of Guru X to forcibly compel the captured prisoners of the Black Panthers to join them were not followed by his second in command-Tutu, the climb up of recruitment centers in safe places within Ruritania, taking into account the fact that the Black Panthers did not even bother to ascertain the ages of the recruits, clearly violated the Statute, even though the conflict in the hoidenish is not international in character.Looking now into the individual