Dr Felicity Gerry QC leads an AMICI team in the ICC on the application of non punishment principle for child soldiers

THE APPELLATE CHAMBER OF THE INTERNATIONAL CRIMINAL COURT IN THE HAGUE HEARD ARGUMENT THIS WEEK FROM THE PARTIES, VICTIMS GROUPS AND 18 AMICI CURIAE IN THE DOMINIC ONGWEN APPEAL.

Felicity’s team set out to the ICC Appeal Chamber how the principle of non-punishment is recognised as relevant to non-prosecution and criminal responsibility for child soldiers and former child soldiers and how this fits within the Rome Statute. Felicity, speaking on behalf of the team, outlined how the process for identifying child soldiers and former child soldiers exists, not as a de novo appeal but as a review or protective process. She declined to comment on outcome but urged the court to adopt a legal framework to balance the two extremes for victims of atrocities and victim / perpetrators.

Felicity was instructed by Philippa Southwell at Bird Solicitors.

On 17 February 2022 Felicity’s PhD on the non-punishment principle was conferred.

The team’s written amicus curiae observations are here

The recordings of the team observations on 14 and 15 February 2022 are here