Law 088 Lubanga Dyilo

Topics: International Criminal Court, Judge, Thomas Lubanga Pages: 7 (2281 words) Published: January 24, 2013



Case Information Sheet

ICC-PIDS-CIS-DRC-01-010/12_Eng Updated: 13 September 2012

Situation in Democratic Republic of the Congo The Prosecutor v. Thomas Lubanga Dyilo Case n° ICC-01/04-01/06

Found guilty, on 14 March 2012, of the war crimes of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities. Sentenced, on 10 July 2012, to a total of 14 years of imprisonment. On 7 August 2012, Trial Chamber I issued a decision on the principles to be applied for reparations to victims in the case, which is currently subject to appeal. Date of birth Place of birth Nationality Ethnicity Warrant of arrest Transfer to The Hague Confirmation of charges hearing Opening of the trial Verdict and Sentence On 14 March 2012, Mr Lubanga Dyilo was convicted of committing, as co-perpetrator, war crimes consisting of: 29 December 1960 Jiba, Utcha Sector, Djugu Territory, Ituri district, Orientale province, of the Democratic Republic of the Congo (DRC) Congolese Hema Issued under seal on 10 February 2006 Unsealed on 17 March 2006 16 March 2006 9 - 28 November 2006 26 January 2009

Decision on the confirmation of charges 29 January 2007

Enlisting and conscripting of children under the age of 15 years into the Force patriotique pour la libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC) and using them to participate actively in hostilities in the context of an armed conflict not of an international character from 1 September 2002 to 13 August 2003 (punishable under article 8(2)(e)(vii) of the Rome Statute).

The verdict was rendered by Trial Chamber I, composed of Judge Adrian Fulford (United Kingdom), as Presiding Judge, Judge Elizabeth Odio Benito (Costa Rica) and Judge René Blattmann (Bolivia). Although the first two judges have written separate and dissenting opinions on some issues, the verdict was unanimous. On 10 July 2012, Trial Chamber I sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The time he spent in the ICC’s custody will be deducted from this total sentence. He is detained, for the time being, at the Detention Centre in The Hague.

Alleged crimes (non-exhaustive list)
Trial Chamber I concluded that: • The Union des Patriotes Congolais (“UPC”) was created on 15 September 2000; Thomas Lubanga was one of the UPC’s founding members and its President from the outset. The UPC and its military wing, the Force Patriotique pour la Libération du Congo (“FPLC”), took power in Ituri in September 2002. The UPC/FPLC, as an organised armed group, was involved in an internal armed conflict against the Armée Populaire Congolaise (“APC”) and other Lendu militias, including the Force de Résistance Patriotique en Ituri (“FRPI”), between September 2002 and 13 August 2003.

Between 1 September 2002 and 13 August 2003, the armed wing of the UPC/FPLC was responsible for the widespread recruitment of young people, including children under the age of 15, on an enforced as well as a “voluntary” basis. Multiple witnesses testified credibly and reliably that children under 15 were “voluntarily” or forcibly recruited into the UPC/FPLC and sent to either the headquarters of the UPC/FPLC in Bunia or its military training camps, including at Rwampara, Mandro, and Mongbwalu. Video evidence clearly shows recruits under the age of 15 in the Rwampara camp. The evidence demonstrates that children in the military camps endured harsh training regimes and were subjected to a variety of severe punishments. Children were deployed as soldiers in Bunia, Tchomia, Kasenyi, Bogoro and elsewhere, and they took part in fighting, including at Kobu, Songolo and Mongbwalu. It has been established that the UPC/FPLC used children under the age of 15 as military guards. The evidence reveals that a special “Kadogo Unit” was formed, which was comprised principally of children under the age...
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