14 March, 2012

International Criminal Court - First Judgment - The Prosecutor v Thomas Lubanga Dyilo

Thomas Lubanga stands convicted, as a co-perpetrator, by the International Criminal Court ICC)  of the war crime of  of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. It is the first verdict issued by an ICC Trial Chamber.  The court delivering judgment may be seen here.

These crimes were committed in the context of an internal armed conflict that took place in the Ituri (the Democratic Republic of the Congo) and involved the Force patriotique pour la libération du Congo (Patriotic Force for the Liberation of the Congo) (FPLC), led by Thomas Lubanga Dyilo, against the Armée Populaire Congolaise and other militias, including the Force de résistance patriotique en Ituri. A common plan was agreed by Mr Lubanga Dyilo and his co-perpetrators to build an army for the purpose of establishing and maintaining political and military control over Ituri. This resulted in
boys and girls under the age of 15 being conscripted and enlisted, and used to participate actively in hostilities.



The Chamber concluded that the prosecution has proved beyond reasonable doubt that Mr Thomas Lubanga Dyilo is guilty of the crimes of conscripting and enlisting children under the age of fifteen years into the FPLC and using them to participate actively in hostilities within the meaning of Articles 8(2)(e)(vii) and 25(3)(a) of the Statute from early September 2002 to 13 August 2003.


More detail may be read here

The court's full judgment is here - it extends to 624 pages and, although the court was unanimous as to Lubanga's guilt, the judgment includes separate opinions by judges Fulford and Benito on certain aspects of the law.   A 17 page summary is also available.

Background:

History of the ICC 




States Parties to the ICC




Lubanga Chronicles


Ituri - in Eastern DRC

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