Age Determination of Child Soldiers: A Critical Analysis of the Ongwen Case.

This article critically examines the challenges faced by the International Criminal Court (ICC) in determining and proving the age of victims under 15 years old in cases of conscripting, enlisting, or using child soldiers, focusing on the 2021 Ongwen case and its 2022 appeal. It highlights the inherent difficulties in age estimation due to validity, reliability, and potential bias issues across various types of evidence—testimonial, documentary, expert, and audiovisual—and critiques the ICC’s application of the "beyond reasonable doubt" (BRD) standard as vague and subjective, complicating justifications for age determinations. The article finds that while the ICC’s approach in Ongwen shows some innovation, it largely replicates prior problems, with the Appeals Chamber’s review assuming an objective standard that is not clearly articulated, thereby undermining evidentiary control. It suggests that these challenges are exacerbated by the complex evidentiary context of international criminal trials and calls for a possible jurisprudential reformulation of the BRD standard to better address evidentiary reasoning in such cases.