Other Elements of the Crimes Charged

The Chamber found that there was sufficient evidence to establish substantial grounds to believe that children under the age of 15 years were enlisted and conscripted into the armed forces of the Union des Patriotes Congolais (UPC)/Force Patriotiques pour la Liberation du Congo (FPLC) in the relevant periods.

In relation to the third count 'using children under the age of 15 years to actively participate in hostilities' the Chamber found that active participation means not only direct participation in hostilities (combat) but also includes active participation in combat-related activities such as reconnaissance, spying, sabotage and the use of children as decoys, couriers, bodyguards, or their use at military checkpoints. 

The Chamber also considered the meaning of 'national armed forces' in Article 8(2)(b)(xxvi) and determined that the UPC could be considered as such.

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