Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court

The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are guilty of committing serious crimes. Currently, the case of Dominic Ongwen before the ICC raises contentious issues, including whether or not international criminal law permits the consideration of factors, such as the impact of the experiences as a child soldier on future conduct, when he is prosecuted for allegedly committing crimes during adulthood. This article specifically examines whether Ongwen’s experiences as a child soldier could serve as a possible defence and/or as a mitigating factor

An Underwater Oceanographic Research Habitat

The purpose of this program is to set the goals, specify the requirements, and establish the limits for my involvement in the design of an Underwater Habitat which would be placed on a submerged continental shelf which borders one of the land masses. The habitat would serve an oceanographic research team who would be employed within a pilot program to ascertain the performance of the habitat for future human occupation in larger numbers

Spiny Lobster (Panulirus Interrtuptus) Use of the Intertidal Zone at a Santa Catalina Island MPA in Southern California

This study investigated spiny lobster (Panulirus interruptus) use of the intertidal habitat as an important and underappreciated foraging ground during the reproductive season, and the spatial scales over which lobsters interacted with this habitat at two locations off Santa Catalina Island, California. At Bird Rock and Big Fisherman Cove, there were significantly higher densities of lobsters within the intertidal zone at night compared to the adjacent subtidal zone, as well as a higher density of reproductively active (eggcarrying) females, suggesting the non-trivial use of this habitat. Spiny lobster density, size, sex ratio (in favor of females), and reproductive condition were also higher at Bird Rock, reflecting differences in the underlying intertidal habitat composition between locations. Percent cover of the California mussel (Mytilus californianus) exhibited a significant positive correlation with lobster density, and the elevated abundance of this preferred prey item might explain the enhanced lobster population metrics at Bird Rock. In addition, the spatial distribution of mussels on Bird Rock followed a clumped distribution with discrete patches at a sub-meter scale, which may influence the spatial scale of spiny lobster foraging behavior. The results of this study highlight a critical new dimension of spiny lobster management throughout Southern California, encouraging the consideration of the intertidal zone and the effects of prey distributions on foraging behavior

Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief

South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally invoked as a form of punishment. This article discusses the compensation penalty as a possible punishment means that could be used in our courts. It could be one of the factors that may help to reduce an accused’s prison sentence and also to compensate the victim who has suffered damage resulting from the criminal activity. The accused’s constitutional right to a fair trial provides that the lightest possible punishment should be imposed upon him. If a compensation fine is indeed a more lenient sentence, it should then be imposed. The actual sentence rests solely on the discretion of the presiding officer. There are various sentencing options available to the presiding officer of which life imprisonment is the heaviest, and a fine the most lenient. A fine is a form of punishment which requires the accused to pay an amount of money to the state. A compensation order on the other hand is a sentencing option that requires the accused to pay a monetary amount, as determined by the court, to the victim. Notably, the court will not grant such an order if the accused does not have the financial means to pay the compensation. Compensation orders may take various forms and are not limited to monetary amounts. Compensation orders are regulated in terms of sections 297 and 300 of the Criminal Procedure Act 51 of 1977. Compensation orders in criminal proceedings in South African courts are rather the exception than the rule. Although it is included in sections 297 and 300, it is not regularly applied by our courts. It may be that some courts are unaware of these types of sentences or that the focus is more geared towards the accused and on the interest of the broader community, as opposed to the victims. Consequently, victims in criminal proceedings are more often than not placed in a disadvantaged position as their requests for compensation are frequently disregarded by courts. Apart from the specific provisions of the Criminal Procedure Act dealing with such compensation orders, this discussion also deals with some court decisions where it was placed under the spotlight