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

International Humanitarian Law - Case Study Example It is clear that the fighting in Ruritania may not be considered as conflicts of an international character. 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 fall within the ambit of the above-mentioned provision. It is worthy to note the Report of the Preparatory Committee on the establishment 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 are 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 Black Panthers is not covered under the purview of conscription and enlistment. In this regard, the disquisit ion in the same case is illuminating thus: "The Rome Statute prefers the terms "conscripting" and "enlisting" 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 child's consent is not a valid defence." (par 246-247). Hence, whether or not the enticement of the children to join the Black Panthers was done through force or by the voluntary acts of the former, the same is prohibited by the Statute. Although the plan 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 setting 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 country is not international in character. Looking now into the individual