Q became a child soldier at the age of eight. Five years later, he killed 30 civilians during an armed conflict. After that, he stopped fighting at the front line. Instead, he occasionally helped with the recruitment of other child soldiers. At the age of eighteen, he set up his own army and had since committed other war crimes. According to article 26 (Rome Statue), which of Q’s acts can be tried before the ICC?1 pointThe killing of 30 civilians.The recruitment of other child soldiersOther war crimes committed together with his own army
Question
Q became a child soldier at the age of eight. Five years later, he killed 30 civilians during an armed conflict. After that, he stopped fighting at the front line. Instead, he occasionally helped with the recruitment of other child soldiers. At the age of eighteen, he set up his own army and had since committed other war crimes. According to article 26 (Rome Statue), which of Q’s acts can be tried before the ICC?1 pointThe killing of 30 civilians.The recruitment of other child soldiersOther war crimes committed together with his own army
Solution 1
According to Article 26 of the Rome Statute, the International Criminal Court (ICC) has no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime. Therefore, Q's acts of becoming a child soldier at the age of eight, killing 30 civilians five years later, and helping with the recruitment of other child soldiers cannot be tried before the ICC because he was under the age of 18 when he committed these acts.
However, the ICC can try Q for the war crimes he committed after he turned 18 and set up his own army. These crimes fall under the jurisdiction of the ICC as they were committed when Q was an adult.
Solution 2
According to Article 26 of the Rome Statute, the International Criminal Court (ICC) has no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime. Therefore, Q's acts that can be tried before the ICC would be the other war crimes committed together with his own army when he was 18 years old or older. The killing of 30 civilians and the recruitment of other child soldiers cannot be tried before the ICC if these acts were committed when Q was under the age of 18.
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