Women's Rights and Law

Reparations for Girl Soldiers in the Armed Conflict -- Based on First Judicial Reparations Order from ICC

Chen Jia
Sichuan Police College
Journal of China Women's University 2015-4

Abstract:Girls who were forced either to be recruited by or volunteer with an armed group, performing a variety of integral and strong functions in armed conflict, suffered serious damage to their physical and mental health. Limited by treaty fragmentation and diversification of girl-soldiers' identity, international legislations are increasingly unable to satisfy sufficiently their special needs. In the Lubanga case, ICC practices under the guidance of inclusive compensation theory allowed girls to participate in the reparation phase and put forward gender-protection measures,and seemingly had access to justice. The initial charge decision from the prosecutor and the judge's lack of understanding from a gender perspective gave rise to inequality for the same verdict. The difficulties, including uncertainty of victims' identity, practical obstacles of individual apportioning awards, common discrimination and gender inequality, mean it will be more appropriate to choose collective reparations under the current situation in the Democratic Republic of Congo.
Keywords:armed conflict, girl soldiers, international legislations, Lubanga case, collective reparations

Paper type:Published