ABSTRACT

This chapter discusses the Revolutionary United Front (RUF) case and analyses whether international humanitarian law (IHL) grants protection to members of non-opposing forces. It examines the Ntaganda case from the ICC. The relevant part of the RUF case concerned the killings of three individuals, each of whom had been fighting on the same side as the RUF during the armed conflict in Sierra Leone. The first incident concerned an Armed Forces Revolutionary Council (AFRC) fighter called Charles Kayioko. The second incident concerned a senior AFRC fighter, Fonti Kanu. The third incident, involved the killing of an AFRC leader, Foday Kallon. The issue of whether members of non-opposing forces can be victims of war crimes has also arisen before the International Criminal Court (ICC) in the case of Ntaganda. The case concerns child soldiers as victims of crimes of sexual violence and sexual slavery under Article 8(2)(e)(vi) of the ICC Statute.