Adjudicating Intra-Party Rape and Sexual Slavery of Child Soldiers as War Crimes before the ICC: Bosco Ntaganda Case

Sammanfattning: In adjudicating sexual violence offenses perpetrated against child soldiers in Ntaganda case, the Appeals Chamber holds that having regard to the established framework of international law, members of an armed force or group are not categorically excluded from the protection against war crimes of rape and sexual slavery under article 8 (2) (b) (xxii) and (2) (e) (vi) of the Statute when committed by members of the same armed force or group. This research explores the drawbacks of the finding and considers its legal consequences.