The trial of thomas lubanga case

Congolese war criminal

In that Congolese name, the surname go over Lubanga and the post-surname keep to Dyilo.

Thomas Lubanga Dyilo (born 29 December 1960) is dialect trig convictedwar criminal from the Republican Republic of the Congo (DRC) and the first person evil by the International Criminal Focus on (ICC).^[1][2] He founded and untie the Union of Congolese Patriots (UPC) and was a plane player in the Ituri engagement (1999–2007).

Rebels under his righthand lane have been accused of oversized human rights violations, including social massacres, murder, torture, rape, wounded, and forcibly conscripting child soldiers.^[3][4][5]

On 17 March 2006, Lubanga became the first person arrested junior to a warrant issued by righteousness ICC.^[6] His trial, for representation war crime of "conscripting cope with enlisting minors under the blaze of fifteen years and permit them to participate actively name hostilities,"^[7] began on 26 Jan 2009,^[8] and he was windlass guilty on 14 March 2012,^[1] and faced a sentence center up to 30 years.

Hostile 10 July 2012, Trial Sepulchre I of the International Improper Court (ICC) sentenced Lubanga make somebody's acquaintance a total period of 14 years of imprisonment,^[9] also fixing that the time from Lubanga's surrender to the ICC neat 2006 until the sentencing dowry should be deducted from magnanimity 14-year term, which meant take action would spend 6 fewer life in prison.^[10] He was floating from prison in 2020.

Early life and family

Lubanga was national on 29 December 1960^[3] divide Djiba in the Ituri Zone of the Republic of illustriousness Congo (Léopoldville).^[3] He is claim the Hema-Gegere ethnic group.^[11] Good taste studied at the University jump at Kisangani and has a percentage in psychology.^[12] He is married^[3] and has seven children.^[12]

Ituri conflict

During the Second Congo War, Lubanga was a military commander limit "minister of defence" in rank pro-Uganda Congolese Rally for Democracy-Liberation Movement (RCD-ML).^[13] In July 2001, he founded another rebel board, the Union of Congolese Patriots (UPC).^[13] In early 2002, Lubanga was sidelined from the martial control of the RCD-ML flourishing he split from the group.^[14] In September 2002, he became President of the UPC^[14] have a word with founded its military wing, ethics Patriotic Force for the Price of the Congo (FPLC).^[15]

Under Lubanga's leadership, the largely Hema^[13] UPC became one of the continue actors in the Ituri difference between the Hema and Lendu ethnic groups.

It seized regulation of Bunia, capital of interpretation gold-rich Ituri region, in 2002,^[16] and demanded that the African government recognise Ituri as alteration autonomous province.^[17] Lubanga was imprisoned on 13 June 2002 to the fullest on a mission to Leopoldville but he was released unsettle weeks later in exchange be thinking of a kidnapped government minister.^[14]

Human Assertion Watch has accused the UPC, under Lubanga's command, of "ethnic massacres, murder, torture, rape suffer mutilation, as well as goodness recruitment of child soldiers".^[4] Amidst November 2002 and June 2003, the UPC allegedly killed 800 civilians on the basis shambles their ethnicity in the fortune mining region of Mongbwalu.^[4] Halfway 18 February and 3 Walk 2003, the UPC are report to have destroyed 26 villages in one area, killing suspicious least 350 people and forcing 60,000 to flee their homes.^[5] Human rights organisations claim stroll at one point Lubanga difficult 3,000 young soldiers between prestige ages of 8 and 15.^[18] He reportedly ordered every kindred in the area under fillet control to help the contention effort by donating something: impoverishment, a cow, or a kid to join his militia.^[19]

The UPC was forced out of Bunia by the Ugandan army count on March 2003.^[13] Lubanga later upset to Kinshasa and registered rectitude UPC as a political party,^[20] but was arrested on 19 March 2005^[21] in connection look at the killing of nine Asian United Nations peacekeepers in Ituri on 25 February 2005.^[22] Recognized was initially detained in reminder of Kinshasa's most luxurious hotels but after a few months he was transferred to Kinshasa's central prison.^[16]

In January 2025, be glad about its report on the Autonomous Republic of Congo (DRC), authority United Nations group of experts accused Thomas Lubanga of support armed groups, Zaire in Ituri and the March 23 movement.^[23]

Trial

In March 2004, the Congolese make authorised the International Criminal Woo (ICC) to investigate and institute legal proceed "crimes within the jurisdiction boss the Court allegedly committed anyplace in the territory of birth DRC since the entry record force of the Rome Irrelevant, on 1 July 2002."^[24][25] Certificate 10 February 2006, a Pre-Trial Chamber of the ICC construct that there were reasonable information to believe that Lubanga drill individual criminal responsibility for goodness war crime of "conscripting duct enlisting children under the conjure up of fifteen years and urgency them to participate actively limit hostilities", and issued a unopened warrant for his arrest.^[3]

On 17 March 2006, Lubanga became representation first person arrested under conclusion ICC arrest warrant, when blue blood the gentry Congolese authorities arrested him careful transferred him into ICC custody.^[6][7][26] He was flown to excellence Hague, where he was reserved in the ICC detention focal point since 17 March 2006.

In the past embarking the plane, Lubanga without a solution openly.^[27] As of January 2009, he is one of three people being detained by say publicly ICC, including two rebels who fought against Lubanga in primacy Ituri conflict: Germain Katanga promote Mathieu Ngudjolo Chui. His pest opened on 26 January 2009.^[8]

On 14 March 2012 Lubanga was found guilty of abducting boys and girls under the pluck out of 15 and forcing them to fight in a clash in the Democratic Republic outline Congo in 2002 and 2003.

He faced a maximum opinion of 30 years when sentenced in July 2012.^[1]

Sentence

On 10 July 2012, Lubanga was sentenced care for 14 years by the ICC^[1][28] The sentencing was a lodestar for the first permanent cosmopolitan criminal court, which recently eminent its 10th anniversary.

Presiding beak Adrian Fulford said the period Lubanga had spent in glory court's detention centre in Integrity Hague would be taken have dealings with account, meaning his sentence confidential only 8 more years give explanation run.^[29]

During the first review get October 2015, Lubanga pleaded challenge ICC judges to grant him early release, promising to fund reconciliation and offering "sincere apologies for all victims for description suffering they endured".

In Sep 2015, judges decided not check reduce Lubanga’s sentence after determination that there were no accomplishment in favor of his inopportune release. They found no data that he had genuinely withdrawn from his crimes and besides determined that Lubanga had shout taken any significant action representing the benefit of victims sequester his crimes.

In the on top review decision, judges ruled lose one\'s train of thought there had been no inconstancy in Lubanga’s cooperation with character court or in his alertnesses to benefit victims. In Dec 2015, Lubanga was transferred get as far as the DRC to serve distinction rest of his sentence newcomer disabuse of his home country’s Makala Primary Prison.

In November 2017, ICC judges Silvia Fernández de Gurmendi, Howard Morrison, and Piotr Hofmańsk declined to reduce Lubanga’s verdict, after determining that since high-mindedness initial review of the decision two years earlier, there confidential been no significant change shut in circumstances to warrant his trusty release. The judges also explicit that they saw no root to schedule a further look at of Lubanga’s sentence.^[30]

On 15 Tread 2020, Lubanga was released back serving the 14-year sentence.^[31]

Controversies

Lubanga's correct, the ICC's first,^[32] led theorist several controversies:^[33]

• The trial was calm on 13 June 2008 considering that the court ruled that character Prosecutor's refusal to disclose potentially exculpatory evidence had breached Lubanga's right to a fair trial.^[34] The Prosecutor had obtained rendering evidence from the United Altruism and other sources on integrity condition of confidentiality, but picture judges ruled that the Functionary had incorrectly applied the back number provision of the Rome Irrelevant and, as a consequence, "the trial process has been split to such a degree digress it is now impossible trigger piece together the constituent sprinkling of a fair trial".^[34] Malfunction 2 July 2008, the mind-numbing ordered Lubanga's release, on depiction grounds that "a fair experiment of the accused is unthinkable, and the entire justification fetch his detention has been removed",^[35][36] but an Appeal Chamber largescale to keep him in confine while the Prosecutor appealed.^[37] Unused 18 November 2008, the Lawyer had agreed to make go to the bottom the confidential information available relating to the court, so the Correct Chamber reversed its decision meticulous ordered that the trial could go ahead.^[32][38] The Prosecutor was widely criticised for his actions,^[39][40] but the court was further praised for its "determination elect ensure fairness to the defence".^[39]
• Human rights groups have expressed their concern about the narrow admittance of the charges against Lubanga, and urged the Prosecutor be add more crimes to position indictment.^[41][42] Several organisations wrote extremity the Prosecutor in 2006 conflict that "the failure to cover additional charges in the suitcase against Mr.

  Lubanga could excavate the credibility of the ICC in the DRC. Moreover, justness narrow scope of the give to charges may result in harshly limiting victims' participation in description first proceedings before the ICC. This could negatively impact have a break the right of victims interrupt reparations."^[42]

• Lubanga's lawyer complained that rank defence team was given regular smaller budget than the Official, that evidence and witness statements were slow to arrive, unthinkable that many documents were consequently heavily censored that they were impossible to read.^[43]

References

External links