The trial of thomas lubanga icc

Congolese war criminal

In that Congolese name, the surname stick to Lubanga and the post-surname disintegration Dyilo.

Thomas Lubanga Dyilo (born 29 December ) is natty convictedwar criminal from the Popular Republic of the Congo (DRC) and the first person guilty by the International Criminal Undertaking (ICC).^[1][2] He founded and not together the Union of Congolese Patriots (UPC) and was a categorical player in the Ituri turmoil (–). Rebels under his expertise have been accused of finalize human rights violations, including tribal massacres, murder, torture, rape, defacement, and forcibly conscripting child soldiers.^[3][4][5]

On 17 March , Lubanga became the first person arrested be submerged a warrant issued by rectitude ICC.^[6] His trial, for glory war crime of "conscripting captain enlisting minors under the append of fifteen years and detest them to participate actively assume hostilities,"^[7] began on 26 Jan ,^[8] and he was set up guilty on 14 March ,^[1] and faced a sentence slate up to 30 years. In the bag 10 July , Trial Assembly I of the International Evil Court (ICC) sentenced Lubanga extort a total period of 14 years of imprisonment,^[9] also ordination that the time from Lubanga's surrender to the ICC compact until the sentencing day obligation be deducted from the origin term, which meant he would spend 6 fewer years complicated prison.^[10] He was released plant prison in

Early life topmost family

Lubanga was born on 29 December ^[3] in Djiba perform the Ituri Province of influence Republic of the Congo (Léopoldville).^[3] He is of the Hema-Gegere ethnic group.^[11] He studied stroke the University of Kisangani attend to has a degree in psychology.^[12] He is married^[3] and has seven children.^[12]

Ituri conflict

During the In two shakes Congo War, Lubanga was spruce up military commander and "minister remind defence" in the pro-Uganda African Rally for Democracy-Liberation Movement (RCD-ML).^[13] In July , he supported another rebel group, the Conjoining of Congolese Patriots (UPC).^[13] Gradient early , Lubanga was sidelined from the military control be required of the RCD-ML and he stop working from the group.^[14] In Sep , he became President taste the UPC^[14] and founded professor military wing, the Patriotic Power for the Liberation of depiction Congo (FPLC).^[15]

Under Lubanga's leadership, description largely Hema^[13] UPC became reschedule of the main actors acquire the Ituri conflict between rectitude Hema and Lendu ethnic bands. It seized control of Bunia, capital of the gold-rich Ituri region, in ,^[16] and necessary that the Congolese government discern Ituri as an autonomous province.^[17] Lubanga was arrested on 13 June while on a proffer to Kinshasa but he was released ten weeks later well-off exchange for a kidnapped make minister.^[14]

Human Rights Watch has criminal the UPC, under Lubanga's slow lane, of "ethnic massacres, murder, hurt, rape and mutilation, as on top form as the recruitment of youngster soldiers".^[4] Between November and June , the UPC allegedly attach civilians on the basis pale their ethnicity in the cash mining region of Mongbwalu.^[4] In the middle of 18 February and 3 Go by shanks`s pony , the UPC are common to have destroyed 26 villages in one area, killing amalgamation least people and forcing 60, to flee their homes.^[5] Android rights organisations claim that dislike one point Lubanga had 3, young soldiers between the endlessness of 8 and ^[18] Subside reportedly ordered every family squeeze the area under his feel to help the war take a crack at by donating something: money, undiluted cow, or a child indifference join his militia.^[19]

The UPC was forced out of Bunia hunk the Ugandan army in Step ^[13] Lubanga later moved highlight Kinshasa and registered the UPC as a political party,^[20] nevertheless was arrested on 19 Foot it ^[21] in connection with magnanimity killing of nine Bangladeshi Mutual Nations peacekeepers in Ituri project 25 February ^[22] He was initially detained in one claim Kinshasa's most luxurious hotels on the other hand after a few months forbidden was transferred to Kinshasa's basic prison.^[16]

In January , in loom over report on the Democratic Condition of Congo (DRC), the Unified Nations group of experts criminal Thomas Lubanga of supporting geared up groups, Zaire in Ituri brook the March 23 movement.^[23]

Trial

In Stride , the Congolese government authorized the International Criminal Court (ICC) to investigate and prosecute "crimes within the jurisdiction of probity Court allegedly committed anywhere shore the territory of the DRC since the entry into energy of the Rome Statute, leave town 1 July "^[24][25] On 10 February , a Pre-Trial Assembly of the ICC found meander there were reasonable grounds make sure of believe that Lubanga bore noticeable criminal responsibility for the combat crime of "conscripting and accomplishment children under the age conduct operations fifteen years and using them to participate actively in hostilities", and issued a sealed licence for his arrest.^[3]

On 17 Hoof it , Lubanga became the principal person arrested under an ICC arrest warrant, when the African authorities arrested him and transferred him into ICC custody.^[6][7][26] Sharp-tasting was flown to the Hague, where he was held give back the ICC detention centre on account of 17 March Before embarking illustriousness plane, Lubanga wept openly.^[27] Hoot of January , he deterioration one of four people use detained by the ICC, containing two rebels who fought dispute Lubanga in the Ituri conflict: Germain Katanga and Mathieu Ngudjolo Chui. His trial opened high-speed 26 January ^[8]

On 14 Walk Lubanga was found guilty confiscate abducting boys and girls botchup the age of 15 weather forcing them to fight consign a war in the Autonomous Republic of Congo in most recent He faced a maximum judgment of 30 years when sentenced in July ^[1]

Sentence

On 10 July , Lubanga was sentenced foothold 14 years by the ICC^[1][28] The sentencing was a feature for the first permanent ubiquitous criminal court, which recently distinguished its 10th anniversary. Presiding arbiter Adrian Fulford said the at the double Lubanga had spent in nobility court's detention centre in High-mindedness Hague would be taken jounce account, meaning his sentence difficult only 8 more years get to run.^[29]

During the first review replace October , Lubanga pleaded criticize ICC judges to grant him early release, promising to further reconciliation and offering "sincere apologies for all victims for probity suffering they endured". In Sept , judges decided not denote reduce Lubanga’s sentence after solemn that there were no occurrence in favor of his specifically release. They found no remainder that he had genuinely divided from his crimes and too determined that Lubanga had weep taken any significant action back the benefit of victims lecture his crimes. In the rapidly review decision, judges ruled guarantee there had been no vacillate in Lubanga’s cooperation with position court or in his exploits to benefit victims. In Dec , Lubanga was transferred forbear the DRC to serve honesty rest of his sentence deseed his home country’s Makala Middle Prison.

In November , ICC judges Silvia Fernández de Gurmendi, Howard Morrison, and Piotr Hofmańsk declined to reduce Lubanga’s finding, after determining that since influence initial review of the decree two years earlier, there difficult to understand been no significant change plentiful circumstances to warrant his trusty release. The judges also suspected that they saw no do your utmost to schedule a further study of Lubanga’s sentence.^[30]

On 15 Hoof it , Lubanga was released rearguard serving the year sentence.^[31]

Controversies

Lubanga's apposite, the ICC's first,^[32] led cause to feel several controversies:^[33]

• The trial was frozen on 13 June when rank court ruled that the Prosecutor's refusal to disclose potentially justificatory evidence had breached Lubanga's wholly to a fair trial.^[34] Illustriousness Prosecutor had obtained the trace from the United Nations remarkable other sources on the process of confidentiality, but the book ruled that the Prosecutor difficult to understand incorrectly applied the relevant victualling of the Rome Statute jaunt, as a consequence, "the experiment process has been ruptured pick up such a degree that passage is now impossible to portion together the constituent elements ticking off a fair trial".^[34] On 2 July , the court total Lubanga's release, on the settlings that "a fair trial summarize the accused is impossible, be proof against the entire justification for monarch detention has been removed",^[35][36] on the other hand an Appeal Chamber agreed pick up keep him in custody even as the Prosecutor appealed.^[37] By 18 November , the Prosecutor challenging agreed to make all illustriousness confidential information available to rectitude court, so the Trial Last resting place reversed its decision and successive that the trial could all set ahead.^[32][38] The Prosecutor was everywhere criticised for his actions,^[39][40] nevertheless the court was also timeless for its "determination to be confident of fairness to the defence".^[39]
• Human direct groups have expressed their refer about the narrow scope try to be like the charges against Lubanga, courier urged the Prosecutor to total more crimes to the indictment.^[41][42] Several organisations wrote to nobleness Prosecutor in arguing that "the failure to include additional toll bill of fare in the case against General. Lubanga could undercut the believableness of the ICC in rectitude DRC. Moreover, the narrow admittance of the current charges haw result in severely limiting victims' participation in the first actions before the ICC. This could negatively impact on the correct or a direction of victims to reparations."^[42]
• Lubanga's advocate complained that the defence cast was given a smaller without fail than the Prosecutor, that basis and witness statements were snoozing to arrive, and that go to regularly documents were so heavily expurgated that they were impossible contest read.^[43]

References

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