ICC - Child soldier charges in the first International Criminal Court case
Press Release
Child soldier charges in the first International Criminal Court case
ICC-OTP-20060828-157
Situation: Democratic Republic of the Congo
Case: The Prosecutor vs. Thomas Lubanga Dyilo
Thomas Lubanga Dyilo, a former leader of a militia group at war in the North Eastern Ituri district of the Democratic Republic of the Congo (DRC), has been formally charged by the Prosecutor of the International Criminal Court with enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. A confirmation hearing has been set for 28 September. If the charges are confirmed at this hearing, Lubanga’s case will be the first trial before the International Criminal Court and the first time that an individual has been brought before an international court solely on the basis of these crimes.
Thomas Lubanga Dyilo is the President of the Union des Patriotes Congolais (UPC) and was the Commander-in-Chief of its former military wing, the Forces Patriotiques pour la Libération du Congo (FPLC) at the times when the crimes were committed. From 1 July 2002, when the Court’s jurisdiction began, and throughout 2003, FPLC commanders enlisted and forcibly recruited children and used them to participate actively in hostilities in the Ituri district. FPLC forces systematically abducted both boys and girls, and forcibly incorporated them into the ranks of the FPLC.
In his leadership positions, Thomas Lubanga Dyilo played an overall coordinating role in the UPC/FPLC’s policy to recruit and enlist child soldiers and he provided the organisational, infrastructural and logistical framework for its implementation. The information collected shows that Thomas Lubanga Dyilo’s activities were supported by foreign nationals, however the evidence is currently not enough to present a case against them. Thomas Lubanga Dyilo is considered by the Office of the Prosecutor to be among those who bear the greatest responsibility for these crimes.
At the confirmation hearing, Thomas Lubango Dyilo and his counsel M. Jean Flamme will have the opportunity to challenge and contest the charges brought against him.
At the close of the hearing, if the Pre-Trial Chamber determines that there is sufficient evidence to support the charges, the case of Thomas Lubanga Dyilo will proceed to trial. The maximum sentence that an accused person can face before the ICC is life imprisonment.
Chief Prosecutor Luis Moreno-Ocampo said:
“This is just the first step in the case. As Prosecutors we have the responsibility to prove the case, we believe our evidence is strong. However, until his guilt is established, Thomas Lubanga Dyilo is presumed innocent.”
“Regardless of the outcome of the proceedings, this case represents a huge step in the struggle against these serious crimes against children. Child conscription destroys the lives and futures of thousands of children around the world. This case will contribute to exposing the problem and in stopping these criminal practices.”
In his latest report on this issue, the United Nations Secretary General has reported that from January 2004 to May 2006, more than 18,000 children were released from forces and armed groups in the DRC. Thousands more have escaped on their own. Yet children remain vulnerable to new threats, including re-recruitment, and girls especially have found it extremely difficult to reintegrate into civilian life.
The case against Thomas Lubanga Dyilo represents almost two years of intense, on-the-ground investigation by the Office of the Prosecutor. Scores of missions to the DRC produced multiple statements. At the confirmation hearing, the Office of the Prosecutor will unveil for the first time evidence showing that Thomas Lubanga Dyilo’s organization enlisted and forcibly recruited children into the ranks of their armed militia, and that Thomas Lubanga Dyilo was instrumental in orchestrating these activities. The Court has 60 days from the last day of the hearing to decide whether there is sufficient evidence to warrant a trial.
For more information, contact OTP Public Information Adviser Christian Palme on tel. +31-70-515 9991 or by e-mail on [email protected]
Media in North America only can contact Emma Mackinnon on tel. +1-212-548 5000, ext. 327 or by e-mail on [email protected], or Lai Ling Jew on tel. +1-212-548 5000, ext. 309 or by e-mail on [email protected]
Source: Office of the Prosecutor