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| November 29 , 2006 |
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International Criminal Court Completes First Pre-Trial Hearing By Lauren McCollough |
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Lubanga is the founder and president of the Union of Patriotic Congolese (UPC), a rebel group in the Democratic Republic of Congo’s violence-plagued Ituri region. He is also alleged to have been the commander-in-chief of its military wing, the Patriotic Forces for the Liberation of the Congo (FPLC). Prosecutors claim Lubanga’s UPC and its armed wing recruited children as young as ten as fighters, threatening them with death if they refused. In March 2004, the government of the Democratic Republic of Congo (DRC) referred the situation in the country to the ICC. ICC Prosecutor Luis Moreno-Ocampo then launched an investigation in the DRC to determine whether war crimes within the jurisdiction of the ICC had been committed after the entry into force of the Rome Statute on July 1, 2002. The Court issued an arrest warrant for Lubanga in February 2006, and he was transferred to The Hague by the DRC government, which was already holding him in custody on suspicion of involvement in the killing of a group of UN peacekeepers. The pre-trial judges have 60 days from the end of the hearing to decide whether to proceed with a full trial, dismiss the charges or order prosecutors to amend their charges. The Hearing Process
The confirmation hearing, which began on November 9, is a necessary procedural step before the case can be brought to trial. The hearing’s purpose is not to determine Lubanga’s guilt or innocence, but rather to determine if there are “substantial grounds to believe” that Lubanga was responsible for the alleged crimes. The issuance of the arrest warrant only required “reasonable grounds to believe” he committed the crimes. The prosecutors’ charges are based on the cases of six representative child soldiers. The victims did not testify themselves, but lawyers representing them attended the hearing and were allowed to make opening and closing statements. The representatives could not however add any evidence or interview witnesses. If the victims are presented as witnesses in a later trial, Lubanga retains the right to cross-examine them. The identities of the victims were not disclosed to the public or to the defense. In addition to the “voices of the victims,” prosecutors presented evidence by way of video images. Footage was shown of what appeared to be child soldiers and recruits at a military camp run by Lubanga. Another video showed Lubanga in full military fatigues addressing children at what prosecutors claim was a military training facility. Prosecutors also presented documents signed by Lubanga as evidence that he was the leader of the UPC as well as its armed wing, the FPLC. One document specifically announced the UPC’s intent to take up arms. Prosecutors aim to prove Lubanga’s command of the FPLC, which they allege planned to recruit children. Lubanga does not deny his leadership of the UPC. Lubanga’s defense lawyer, Jean Flamme, told the hearing in his closing statement that the Prosecutor was “conducting a political case,” and said that it was wrong to describe his client as a warlord. Human rights groups have criticized prosecutors for only charging Lubanga with crimes related to child recruitment. UPC forces led by Lubanga have been implicated in numerous other serious crimes in Ituri including widespread massacres, torture and sexual violence. Prosecutor Moreno-Ocampo has stated that if there is a trial, it will be based solely on the three child recruitment charges. After the close of this case, Moreno-Ocampo has indicated he will be investigating further war crime charges against Lubanga. The prosecutor also stated he is working “in sequence” in the DRC—investigating possible crimes region by region, starting with Ituri—and will be investigating other groups and individuals involved in the conflict. Child Soldiers and the LawThe1998 Rome Statute of the International Criminal Court defines the “conscripting or enlisting children under the age of 15 years into the national armed forces or into armed groups or using them to participate actively in hostilities” as a prosecutable war crime. Additional Protocol I and II of 1997 and the 1989 Convention on the Rights of the Child require State Parties to “take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities “ and “must refrain from recruiting any person who has not attained the age of 15 years into their armed forces.” Related Chapters from Crimes of War: What the Public Should Know: Related Links: Democratic Republic of Congo and the International Criminal Court Human Rights Watch November 2006 The Prosecutor v. Thomas Lubanga Dyilo International Criminal Court November 2006 |
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