A Former Child Soldier Perpetrator: The Application of Article 31(1)(a) of Rome Statute

ABSTRACT : This study will discuss whether the International Criminal Court shall consider the history of
an international criminal offender who was once a former child soldier to exclude his criminal responsibility
based on Article 31 (1) (1) of Rome Statute. The research method used is normative juridical. The study was
conducted by analyzing data obtained from library studies and the study of regulatory international conventions
relating to International Criminal Law. The research phase was carried out by means of library research
conducted by secondary data including interviews with International Criminal Court Judges using primary,
secondary and tertiary legal materials. The results of the study show that the practice of the International
Criminal Court never considered the background of the perpetrators of international crimes as ex-child soldiers.
However, the International Criminal Court Judge may use provisions outside the Rome Statute under article 21
(3). This is also based on the discretion of judges to decide and try other than those stipulated in the Rome
Statute, such as the Case of Omar Khadr.
KEYWORDS: Child Soldier, Criminal responsibility, Rome Statute, JudgmentUnfortunatelyand Sentencing,
International Criminal Court