Thomas Lubanga found guilty of war crimes in the first verdict delivered by the ICC.

Post by Kathryn Hovington

In an historical moment for international criminal law, the International Criminal Court (ICC) has handed down its first verdict since the Court opened in July 2002, in the war crimes trial of the Prosecutor v. Thomas Lubanga Dyilo.

In the Situation in the Democratic Republic of the Congo, Trial Chamber I 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 Patriotic Forces for the Liberation of Congo (FPLC) (the military wing of the Union of Congolese Patriots (UPC)) 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.

Presiding Judge Sir Adrian Fulford QC from the United Kingdom, who read out the judgment, stated that although he and Judge Odio Benito have written separate and dissenting opinions on particular discrete issues, the Chamber has reached its decision unanimously. The decision is considered particularly significant because it firmly establishes the use of children in war as an international crime. 

Trial Chamber I is satisfied beyond reasonable doubt that as a result of the implementation of a common plan to build an army for the purpose of establishing and maintaining political and military control over Ituri, boys and girls under the age of 15 were conscripted and enlisted into the UPC/FPLC between 1 September 2002 and 13 August 2003. It is also satisfied beyond reasonable doubt that the UPC/FPLC used children under the age of 15 to participate actively in hostilities including during battles, as soldiers and as bodyguards for senior officials, including the accused.

Thomas Lubanga, Congolese born, was found to have been the President of the UPC/ FPLC. According to the Chamber, the evidence demonstrates that he was simultaneously the Commander-in-Chief of the army and its political leader. He exercised an overall coordinating role as regards the activities of the UPC/FPLC. He was found to have been informed, on a substantive and continuous basis, of the operations of the FPLC. He was involved in the planning of military operations, and he played a critical role in providing logistical support, including providing weapons, ammunition, food, uniforms, military rations and other general supplies to the FPLC troops. He was closely involved in making decisions on recruitment policy and he actively supported recruitment initiatives, for instance by giving speeches to the local population and the recruits.

Fifty one year old Lubanga, who was the Court’s first detainee, went on trial on 26 January 2009. The proceedings closed 204 hearing days later, following the appearance of 36 witnesses for the Prosecution, including three experts, and 24 witnesses for the Defence. His sentence will be determined at a later hearing. The maximum available sentence at the ICC is life imprisonment; the court cannot impose the death penalty. Lubanga has an automatic right to appeal his conviction on all charges.

For further information:

For the Summary of the “Judgment pursuant to Article 74 of the Statute” click here.

ICC finds Congo warlord Thomas Lubanga guilty  BBC World News

Congolese Warlord Convicted of Using Child Soldiers The New York Times

Congo warlord Thomas Lubanga convicted of using child soldiers The Guardian

Kathryn Hovington is a pupil barrister at 9 Bedford Row International.