Skip to main content Accessibility help
×
Home
Hostname: page-component-5c569c448b-gctlb Total loading time: 0.159 Render date: 2022-07-01T17:55:23.474Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

Chapter 5: The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering

Published online by Cambridge University Press:  20 December 2013

Get access

Extract

On March 14, 2012, ICC Trial Chamber I issued its judgment convicting Thomas Lubanga Dyilo, a rebel leader in the Democratic Republic of the Congo (DRC). Lubanga was found guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities from early September 2002 to August 13, 2003, in a non-international conflict in the DRC's Ituri region. Lubanga was charged exclusively with child-soldier-related crimes. He had served as President of the Union des patriotes congolais (UPC) and Commander-in-Chief of the Forces patriotiques pour la libération du Congo (FPLC), the entities into which he had unlawfully conscripted, used, and enlisted children. His lengthy trial was punctuated with due process concerns regarding the disclosure of evidence, confidentiality agreements, the Office of the Prosecutor's (OTP) delegation of investigative responsibilities to intermediaries, and the reliability of witness testimony. A stay of proceedings had twice been ordered.

On July 10, 2012, ICC Trial Chamber I sentenced Lubanga—the ICC's first convict—to a prison term of fourteen years. It deducted the six years that Lubanga had already spent in detention (his surrender to the ICC occurred on March 16, 2006) from the sentence. In dissent, Judge Odio Benito would have marginally increased the sentence by one year, to fifteen years. According to the Rome Statute and the Rules of Procedure and Evidence, Lubanga will be eligible for a sentence reduction, contingent upon his deportment as a prisoner, once he serves two-thirds of the term (namely, mid-2015).

Type
Part II: Child Soldiers and the Lubanga case
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2012 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save article to Kindle

To save this article to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Chapter 5: The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering
Available formats
×

Save article to Dropbox

To save this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Dropbox account. Find out more about saving content to Dropbox.

Chapter 5: The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering
Available formats
×

Save article to Google Drive

To save this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Google Drive account. Find out more about saving content to Google Drive.

Chapter 5: The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *