![]() The perpetrator conscripted one or more persons into the national armed forces OR "a nexus between the conscription, enlistment and/or use and the armed conflict, that each of the victims was not taking an active part in the hostilities at the time of conscription, enlistment and/or use and that the perpetrators knew this fact." ģ.1. "the crime of enlisting children under the age of 15 years into armed forces or groups and of using them to participate actively in hostilities may be committed irrespective of the number of children enlisted by the accused person." Īdditionally, the Trial Chamber in Taylor held that there must be: The Fofana and Kondewa, the Appeals Chamber held that: The crime of enlisting or conscripting children under the age of fifteen years continues to be committed as long as the children remain in the armed groups or forces and consequently ceases to be committed when these children leave the groups or reach age fifteen." "the Chamber considers that the crime of enlisting and conscripting is an offence of a continuing nature - referred to by some courts as a 'continuous crime' and by others as a 'permanent crime'. ![]() ![]() In light of the foregoing, the Chamber holds the view that 'conscripting' and 'enlisting' are two forms of recruitment, 'conscripting' being forcible recruitment, while 'enlisting' pertains more to voluntary recruitment." "The Rome Statute prefers the terms 'conscripting' and 'enlisting' to 'recruitment'. The perpetrator conscripted or enlisted one or more persons into the national armed forces or used one or more persons to participate actively hostilities
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