The Congolese militia leader Thomas Lubanga appears certain to be the first defendant to stand trial before the International Criminal Court (ICC), after the Court’s Pre-Trial Chamber gave clearance on January 29 for his prosecution to proceed. 

Pretrial judges found the evidence presented by ICC prosecutor Luis Moreno-Ocampo strong enough to “establish grounds to believe” that Lubanga was responsible for committing war crimes.  Lubanga is charged with three counts of enlisting and conscripting children under the age of fifteen years into the military wing of the Union of Congolese Patriots (UPC), and using them to participate actively in hostilities during the bloody Ituri conflict in 2002 and 2003. He faces life in prison if convicted.

Moreno-Ocampo began his investigation of possible crimes in Ituri in 2004, after the Democratic Republic of Congo referred the situation in its territory to the Court.  Lubanga was handed into the Court's custody by the Congolese government in March 2006 after it unveiled a warrant for his arrest.  Under the Court's rules, a Pre-Trial Chamber must rule that there are "substantial grounds to believe" that an accused person has committed the crimes listed in the indictment.

During the pre-trial hearing in Lubanga's case, prosecutors presented evidence including testimony from legal representatives of child soldier victims.  The judges then had 60 days to review the evidence and decide whether it was "substantial " enough to warrant a full trial.

Lubanga’s attorney, Jean Flamme, indicated he would consider an appeal once he had reviewed the 100-page ruling.  Even if Flamme decides not to appeal, he believes it will take over a year to prepare an adequate defense for Lubanga.  Prosecutors may appeal a decision by the court that amended one of the charges, but are hoping to start the trial later this year. 

More information on the ruling can be found on ICC’s website:

http://www.icc-cpi.int/cases/RDC/c0106.html

Related Chapters from Crimes of War: What the Public Should Know:

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