by Rebecca Lloyd
In December 2022, the International Criminal Court (ICC) delivered its appeal decision in the case of Dominic Ongwen, a child soldier-turned-commander in the Lord’s Resistance Army in Northern Uganda who had been convicted and sentenced of numerous war crimes in 2021. The case has reopened a debate about how courts should deal with child soldiers-turned-perpetrators, or CSTPs. The ICC, the author contends, eschewed a protectionist approach towards children, and drew a “bright line” between children as victims, and adults as perpetrators. As the author examines, Ongwen’s agency or ability to take action in the conflict setting was not fully explored by the Court. In the author’s view, this was an opportunity missed. The author advocates for a more nuanced approach, which foregrounds agency, and places protectionism and “bright line” thinking in the background.
