Table of contents:
Element:
4. Such person or persons were under the age of fifteen years.
In Taylor, the Trial Chamber held that it:
"heard evidence from many witnesses who observed children who appeared to be under the age of 15 at training bases, or engaged in various war-related activities. The Trial Chamber is aware that an official document if authenticated or uncontested is more reliable evidence of age than a witness's perception but also acknowledges that such documentary evidence is not available in many parts of Sierra Leone. The Trial Chamber is also cognisant that these witnesses made estimations of age on the basis of the child's appearance, height or physical development and/or the witness's personal experiences, rather than on objective proof of age. Given the inherent uncertainties in such estimations, the Trial Chamber has exercised caution in determining the ages of children associated with the rebel factions in its findings and has excluded all evidence related to child soldiers where it is not satisfied that such evidence referred to persons under age of 15 years."[1]
Footnotes:
[1] SCSL, Taylor Trial Judgment 18 May 2012, para. 1361.