The reality of child soldiers who join rebel forces once they reach adulthood presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the ICC raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen's experiences as a child soldier could serve as a possible defence and/or as a mitigating factor.
Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few years. Contrarily, the matter of historical sexual abuse has received only occasional consideration. Cases of historical sexual abuse present numerous challenges to all parties involved. The victims of historical sexual abuse, often children at the time, are now adults. Some of these victims might not want to relive the experience or confront the offender. On the other hand, the offender might have been rehabilitated and become a respected citizen. In Hewitt v S 2017 1 SACR 309 (SCA) the Supreme Court of Appeal heard the appeal against the sentence of Bob Hewitt, a retired tennis champion. He was convicted of committing numerous sexual offences against young girls. The first of these crimes was committed more than three decades ago. This case note analyses the decision by the SCA while it also examines historical sexual abuse more generally in South Africa as well as in England and Wales, in order to establish whether any lessons can be learned from previous cases and laws as implemented in these countries.
The sexual abuse of boy soldiers is a matter that has unfortunately not received the judicial and academic attention it deserves. Boy soldiers have been sexually abused not only by male commanders but also female commanders and other offenders. International Criminal Law has opted to focus on the prosecution of those most responsible for committing sexual violence against women and children. Boys are often mentioned in passing. This article challenges this view. It does so by looking at a special case in Northern Uganda where boy soldiers in the Lord’s Resistance Army was sexually abused. The article then examines several cases where International Courts have dealt with the sexual abuse of males, since the abuse of boy soldiers have not been adjudicated internationally. The article then looks at the reasons why there is a silence among those boys who are sexually abused and recommendations are proffered.
In South Africa, owning a firearm is a privilege and not a right. This privilege is regulated by the Firearms Control Act 60 of 2000. In May 2021, the Minister of Police published the Firearms Control Amendment Bill (FCAB), 2021, which contains a section prohibiting individuals from obtaining a firearm for self-defence purposes. This article challenges this view and argues that firearm owners should not be banned from protecting their right to life with a firearm. It looks at the reasons why the Bill was published as well as its purposes. The enactment of such a Bill would have severe consequences for individuals who want to protect their constitutional rights in a country with one of the highest crime rates in the world. Consequently, the article also examines the impact the proposed prohibition would have on self-defence by means of a firearm. Furthermore, the South African Police Service (SAPS) is reluctant to address its own challenges, which have contributed significantly to the proliferation of unlicensed firearms. The supply of firearms by SAPS to criminals will be examined and recommendations made for addressing the dilemma faced by SAPS. SAPS should rectify and professionalise its firearm regime instead of disarming South Africans, who are desperately in need of a peaceful society. Finally, proposals are made as to how firearm control could be improved.
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