검색어: völkerstrafrecht (스페인어 - 이탈리아어)

32; graça machel, impact of armed conflict on children, 26 august 1996, un doc a/51/306, paras 44 – 48; peter warren singer, children at war (2005), pages 57-58. 1804 gregoria palomino suárez, kindersoldaten im völkerstrafrecht, berlin 2009, pages 166 to 168. icc-01/04-01/06-2842 14-03-2012 286/624 sl t no. icc-01/04-01/06 287/ 593 14 march 2012 opening and closing submissions,1805 it has not requested any relevant amendment to the charges. during the trial the legal representatives of victims requested the chamber to include this conduct in its consideration of the charges, and their joint request1806 led to decisions on the issue by the trial chamber and the appeals chamber (viz. whether it was permissible the change the legal characterisation of the facts to include crimes associated with sexual violence).1807 not only did the prosecution fail to apply to include rape and sexual enslavement at the relevant procedural stages, in essence it opposed this step. it submitted that it would cause unfairness to the accused if he was tried and convicted on this basis.1808 630. in accordance with the jurisprudence of the appeals chamber, the trial chamber’s article 74 decision shall not exceed the facts and circumstances (i.e. the factual allegations) described in the charges and any amendments to them.1809 the trial chamber has earlier pointed out that “[f]actual allegations potentially supporting sexual slavery are simply not referred to at any stage in the decision on the confirmation 1805 t-107-eng, page 11, line 17 to page 12, line 22; t-356-eng, page 9, lines 9 – 13 and, lines 22 – 25; page 52, line 16. 1806 joint application of the legal representatives of the victims for the implementation of the procedure under regulation 55 of the regulations of the court, 22 may 2009, icc-01/04-01/06-1891- teng. 1807 decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with regulation 55(2) of the regulations of the court, 14 july 2009, icc-01/04-01/06-2049; decision issuing a second corrigendum to the “minority opinion on the ‘decision giving notice to the parties and participants that the legal characterisation of facts may be subject to change in accordance with regulation 55(2) of the regulations of the court’”, 31 july 2009, icc-01/04-01/06-2069; judgment on the appeals of mr lubanga dyilo and the prosecutor against the decision of trial chamber i of 14 july 2009 entitled “decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with regulation 55(2) of the regulations of the court”, 8 december 2009, icc-01/04-01/06-2205. 1808prosecution’s application for leave to appeal the “decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with regulation 55(2) of the regulations of the court”, 12 august 2009, icc-01/04-01/06-2074, paras 22 and 23. see also, prosecution’s further observations regarding the legal representatives’ joint request made pursuant to regulation 55, 12 june 2009, icc-01/04-01/06-1966. 1809 see appeals chamber, judgment on the appeals of mr lubanga dyilo and the prosecutor against the decision of trial chamber i of 14 july 2009 entitled “decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with regulation 55(2) of the regulations of the court”, 8 december 2009, icc-01/04-01/06-2205. icc-01/04-01/06-2842 14-03-2012 287/624 sl t no. icc-01/04-01/06 288/ 593 14 march 2012 of charges”.1810 regardless of whether sexual violence may properly be included within the scope of “using [children under the age of 15] to participate actively in hostilities” as a matter of law,1811 because facts relating to sexual violence were not included in the decision on the confirmation of charges, it would be impermissible for the chamber to base its decision pursuant to article 74(2) on the evidence introduced during the trial that is relevant to this issue. 631. in due course, the chamber will consider whether these matters ought to be taken into account for the purposes of sentencing and reparations. b. the facts 1. relevant evidential considerations 632. a number of witnesses called by the prosecution and the defence testified as to whether children were recruited and used by the upc/fplc, and evidence was given as to their age. the chamber has considered the credibility and reliability of these witnesses, taking into account, inter alia, the challenges advanced during questioning and in the final briefs. it has assessed whether their individual accounts were consistent with the other relevant and reliable evidence in the case. the general approach adopted is that whenever a witness is first considered in this section, the chamber has, at that stage, dealt with 1810 decision on the legal representatives’ joint submissions concerning the appeals chamber’s decision on 8 december 2009 on regulation 55 of the regulations of the court, 8 january 2010, icc- 01/04-01/06-2223, para. 35. 1811 ms coomaraswamy suggested that the use for sexual exploitation of boys and girls by armed forces or groups constitutes an “essential support function”, written submissions of ms coomaraswamy (chm-0003), evd-chm-00007, paras 23 and 24-26. icc-01/04-01/06-2842 14-03-2012 288/624 sl t no. icc-01/04-01/06 289/ 593 14 march 2012 the witness’s overall credibility and reliability, against the background of the main contested aspects of their testimony. any discrete issues relating to the witness and the evidence they provided to the chamber are addressed within the relevant section.1812 633. in its closing brief, the prosecution rehearsed the histories of various alleged former child soldiers who gave evidence (p-0007, p-0008, p- 0010, p-0011, p-0157, p-0213, p-0294, p-0297 and p-0298). 1813 the chamber, as analysed elsewhere, has concluded that it is unable to rely on the evidence of any of these witnesses.1814 634. again, as discussed above, the chamber has concluded that the three victims who were called to testify before the court will not be relied on for the purposes of the article 74 decision. 635. although the terms “child” and “children” encompass boys and girls under the age of 18 years,1815 the charges specifically relate to children under the age of 15, in accordance with article 8(2)(e)(vii) of the statute. 636. some witnesses used the term “kadogo” to describe small children. for instance, p-0055 suggested that in the upc and ugandan armies, indeed in africa generally, small children from about the age of 13 up to the age of 16 are called kadogos. 1816 637. p-0038 testified that the expression kadogo means a child soldier –
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