Anna Marie Brennan
The Special Court for Sierra Leone delivered its verdict in the trial of Charles Taylor last Thursday. Charles Taylor had been charged with providing material support to the Revolutionary United Front which killed thousands of civilians in Sierra Leone during the civil war from 1991 until 2002.
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Anna Marie Brennan
The International Criminal Court delivered its first ever verdict in The Hague this morning in the case of Thomas Lubanga. Lubanga, who became the political leader of the Union of Congolese Patriots in 2002, had been charged with recruiting and using child soldiers in armed hostilities in the north-eastern region of the Democratic Republic of Congo (DRC). He pleaded not guilty to the charges and contended during trial that he did not take any part in the hostilities. Lubanga also argued that he was only the political leader of the UCP and was not the commander of the party’s armed wing. However, the Prosecution accused Lubanga of using boys and girls under the age of 15 as bodyguards, sex slaves and soldiers.
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Anna Marie Brennan
Article 2(4) of the UN Charter as supplemented by Article 51 provides strict limits on the state’s right to use force. However, it is unclear whether Article 2(4) also prohibits transnational armed groups from using force. Therefore, the question whether violent acts by transnational armed groups can be categorised as armed attacks within the meaning of the UN Charter has implications for how states are permitted to respond to violent acts by transnational armed groups and for the extent to which International Humanitarian Law regulates these acts. This post will examine whether violent acts by transnational armed groups can be classified as an armed attack under the UN Charter and thereby prohibited under International Law.
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