Two weeks in Review, 2 January – 15 January

Author: Tal Gross
Published: 15.01.2023
ICC John Cubbon analyzes the recent decision of the International Criminal Court’s Appeals Chamber to uphold the conviction and sentence of Dominic Ongwen. Specifically, noting the court’s decision not to refer to Ongwen’s past as a child soldier as a mitigating factor in his sentence. Cubbon asserts that, under Article 78(1) of the ICC Statute, the Court is obliged to take into account the individual circumstances of the convicted person, not precluding broader considerations such as those of people forcibly recruited into military formations or even just of people who have had disadvantaged childhoods. He concludes:  It would therefore have been preferable…