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Reporter(s)

Bruno de Oliveira Biazatti

Situation in Uganda, Prosecutor (on the application of Victims) v Ongwen (Dominic), Trial Judgment, Case No ICC-02/04-01/15-1762-Red, ICL 2014 (ICC 2021), 4th February 2021, International Criminal Court [ICC]; Trial Chamber IX [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 June 2022

Whether the fact that Ongwen was himself a victim of crimes by the Lord’s Resistance Army (‘LRA’), on account of his abduction at a young age and subsequent training and use in hostilities as one of the LRA’s child soldiers, was enough to exclude his criminal responsibility for crimes he committed as an adult.

Whether Ongwen’s abduction at a young age and subsequent training and use in hostilities as one of the LRA’s child soldiers caused a mental disease or defect capable of excluding his criminal responsibility as an adult, under Article 31(1)(a) of the Rome Statute of the International Criminal Court (‘Rome Statute’).

Whether the LRA’s military apparatus and coercive environment amounted to Ongwen’s duress under Article 31(1)(d) of the Rome Statute.

Whether forced marriage should be prosecuted as the crime against humanity of sexual slavery, under Article 7(1)(g) of the Rome Statute, or as the crime against humanity of other inhumane acts, under Article 7(1)(k) of the Rome Statute.

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