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- Title
Prosecution as a Tool of Human Rights: Reflections on Dominic Ongwen.
- Authors
Stanca, Emil
- Abstract
Dominic Ongwen is the first person tried before the International Criminal Court for crimes he once suffered as a child. Conscripted as a soldier from a young age, Ongwen grew up under the violent regime of the Lord's Resistance Army only to then himself commit egregious crimes, including the use of child soldiers. This paper reflects on the case of Ongwen by focusing on how and why International Human Rights Law relies on International Criminal Law. It concludes that the human rights system continually turns toward criminalization to combat gross abuses. This paper calls into question the efficacy of criminal law as a human rights tool as its individualized modes of culpability and focus on extreme forms of violence obfuscate structural and systemic sources of atrocities. The paper focuses on Ongwen's trial as a case study showing the limits of criminal law in combatting violations of the rights of the child in the context of conflict.
- Subjects
INTERNATIONAL Criminal Court; LORD'S Resistance Army; INTERNATIONAL criminal law; HUMAN rights; CHILD soldiers; ATROCITIES; INTERNATIONAL criminal courts; CRIMINAL intent; CRIMINAL law
- Publication
Canadian Journal of Human Rights, 2023, Vol 11, Issue 1, p41
- ISSN
1923-9211
- Publication type
Article