17 July, 2012

International Criminal Court - Lubanga sentenced

The conviction of Thomas Lubanga Dyilo was the subject of a post on 12th March 2012 - here.  He has been sentenced to 14 years imprisonment - The Guardian 10th July.   The announcement from the International Criminal Court is here and the decision on sentence (pdf 51 pages) is here.

Judge Odio Benito dissented in part and would have imposed a 15 year sentence.  He disagreed with the view of the majority who disregarded the damage caused to the victims and their families, particularly as a result of the harsh punishments and sexual violence suffered by the victims of the crimes.

Under Article 78(3) of the Statute, when the person has been convicted for more than one crime "the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment".


The majority imposed: (1) - 13 years for committing, jointly with other persons, the crime of conscripting children under the age of 15 into the UPC; (2) - 12 years for committing, jointly with other persons, the crime of enlisting children under the age of 15 into the UPC ; and (3) - 14 years for having committed, jointly with other persons, the crime of using children under the age of 15 to participate actively in hostilities.  Hence, pursuant to Article 78(3) of the Statute, the total period of imprisonment on the basis of the joint sentence is 14 years' imprisonment.

A very good  post on the IntLawGrrls blog discusses the sentence. 

Having already been in custody for 6 years, Lubanga has the remaining 8 to serve.

Although the judgment today brings the Court’s first-ever trial closer to a final conclusion, Lubanga still has the right to appeal his guilty verdict and sentence.

No comments: