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Table of contents:

6.a.i perpetrator meant to engage in the conscripting or enlisting of one or more persons into the national armed forces; OR

P.11. Evidence inferred from a utterance, a document or a deed.

P.11.1. Evidence that the perpetrator meant to force by law one or more persons to serve in the national armed forces.

P.11.2. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces using physical violenceor threats of physical violence.

P.11.3. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces by threatening to kill him/them.

P.11.4. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces by threatening reprisals on that or these person or persons’ family or community.

P.11.5. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces using narcotics.

P.11.6. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force using false promises.

P.11.7. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force using false rumors.

P.11.8. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force by way of abduction.

P.11.9. Evidence that the perpetrator meant to engage in the administrative act of putting the name of the person or persons on a list.

P.12. Evidence inferred from a circumstance.

Element:

6.a.i perpetrator meant to engage in the conscripting or enlisting of one or more persons into the national armed forces; OR

P.11. Evidence inferred from a utterance, a document or a deed.

P.11.1. Evidence that the perpetrator meant to force by law one or more persons to serve in the national armed forces.

Michael Cottier, "Article 8" in Otto Triffterer, ed, Commentary on the Rome Statute of the International Criminal Court (1999) para. 228:

"404 "To conscript" is defined as "to compel to military service by conscription, to enlist compulsorily", THE OXFORD ENGLISH DICTIONNARY 848 (Vol. III, reprint 1978"), and as to "force someone by law to serve in one of the armed forces", THE CAMBRIDGE INTERNATIONAL DICTIONARY 289 (1995)."

[B. Evidentiary comment:]

P.11.2. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces using physical violenceor threats of physical violence.

UNICEF, Adult War, Child Soldiers: Voices of Children Involved in Armed Conflict in the East Asia and Pacific Region (2002), p. 24:

Mark Iacono, "The Child Soldiers of Sierra Leone: Are They Accountable for Their Actions in War?" 26 Suffolk Transnat’l L. Rev. 445, 448-449:

"[FN22]. See Schuler, supra note 3, at 1 (explaining how RUF rebels spare child’s life if child committed acts of violence). Rebels demanded an eight-year-old boy slit his father’s throat or face death along with his parents. Id. At his father’s request, the boy did as the rebels instructed. Id."

[B. Evidentiary comment:]

P.11.3. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces by threatening to kill him/them.

UNICEF, Adult War, Child Soldiers: Voices of Children Involved in Armed Conflict in the East Asia and Pacific Region (2002), p. 24:

[B. Evidentiary comment:]

P.11.4. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces by threatening reprisals on that or these person or persons’ family or community.

UNICEF, Adult War, Child Soldiers: Voices of Children Involved in Armed Conflict in the East Asia and Pacific Region (2002), p. 24, 27:

[B. Evidentiary comment:]

P.11.5. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed forces using narcotics.

The Impact of Armed Conflict on Children, United Nations General Assembly, U.N. Doc. A/51/306.Add.1, 6 September 1996, p.7:

Mark Iacono, "The Child Soldiers of Sierra Leone: Are They Accountable for Their Actions in War?" 26 Suffolk Transnat’l L. Rev. 445, 448-449:

"[FN22]. See Schuler, supra note 3, at 1 (explaining how RUF rebels spare child’s life if child committed acts of violence). Rebels demanded an eight-year-old boy slit his father’s throat or face death along with his parents. Id. At his father’s request, the boy did as the rebels instructed. Id.

[FN23]. See Schuler, supra note 3, at 1. (explaining commanders’ belief that children make good soldiers because of impressionability). Olara Otunnu, the U.N. Special Representative for Children in Armed Conflicts, said that commanders desire children soldiers because rebels can easily "mold then into a ruthless, unquestioning instrument." Id. By getting a child to commit one horrid act, rebel leaders know such a child will obey subsequent orders. See id.

[FN24]. See Brutal Child Army Grows Up, BBC News, May 10, 2000 (calling drug abuse "key factor" in conduct of RUF), at news.bbc.co.uk/2/hi/africa/7436840.stm. (last visited Feb. 14, 2003). Evidencing the abuse, various reports stated thousands of syringes lay outside the abandoned home of RUF leader Sankoh. Id.

[FN25]. See Schuler, supra note 3, at 1 (detailing account of rebel whose leader cut his arm and inserted cocaine direct into bloodstream). One rebel stated the cocaine "gave [him] the will to fight". Id. With the drug-induced "hot temper", rebels raided towns and shot anything that moved. Id."

[B. Evidentiary comment:]

P.11.6. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force using false promises.

P.11.7. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force using false rumors.

P.11.8. Evidence that the perpetrator meant to compel one or more persons to serve in the national armed force by way of abduction.

The Impact of Armed Conflict on Children, United Nations General Assembly, U.N. Doc. A/51/306.Add.1, 6 September 1996, p.6:

[B. Evidentiary comment:]

P.11.9. Evidence that the perpetrator meant to engage in the administrative act of putting the name of the person or persons on a list.

A. Legal source/authority and evidence:

Roy S. Lee, The International Criminal Court: The Making of the Rome Statute, p.118:

Michael Cottier, "Article 8" in Otto Triffterer, ed, Commentary on the Rome Statute of the International Criminal Court (1999) para. 228 :

[B. Evidentiary comment:]

P.12. Evidence inferred from a circumstance.

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