Lubanga Case: The Prosecutor v. Thomas Lubanga Dyilo ICC-01/04-01/06

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LUBANGA CASE
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Lubanga Case
Title and Citation
Lubanga Case: The Prosecutor v. Thomas Lubanga Dyilo ICC-01/04-01/06.
Procedural History
In 2004, the head of state of Democratic Republic of Congo (DRC) referred the state
ICC through the prosecutor that was taking place in the country to the International Criminal
Court (ICC). In 2006, requested a warrant of arrest against Mr. Lubanga for committing war
crimes, including enlisting, plus recruiting young children below the ages of 15 years in addition
to exploiting them to take part in war crimes as associates of the armed group. On March 16,
2006, Lubanga was transferred to the International Criminal Court and charges were established
on January 29, 2007, whereby trial started in 2009 and the verdict was delivered by the ICC on
March 14, 2012 (Diane, 2013, pp. 411).
Facts of the Case
The armed clash in DRC was due to the conflicts among different ethnic groups in their
endeavour to acquire power in addition to territory, specifically over the Ituri region. This region
is wealthy in natural resources, like gold, as well as diamonds. Thus, one such armed group was
the Union Patriotique des Congolais (UPC) that was formed in 2000 in addition to Libunga was
chosen as the chairman plus Commander-in-Chief of the armed group. The case against Mr.
Thomas Lubanga was due to the investigation by the ICC into the condition in DRC) and the
supposed crimes that were committed in the nation since July 1, 2002 (Sivakumaran, 2011, pp.
240). The ICC prosecutor requested an arrest of a warrant against Mr. Lubanga was indicted at

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ICC with the war crimes comprising enlisting, as well as recruiting of children below the age of
fifteen years into the UPC exploiting them to take part activities in the war crimes amid 2002 and
2003. He was alleged to be the former president of the mainly Hema ethnicity and believed to the
Commander-in-Chief of its militia. Thus, the charges against Lubanga on gender-based criminal
acts were not integrated into the case in spite of the accessibility of many documents from the
United Nations (UN) and NGO reports. Mr. Lubanga was arrested plus surrendered to the ICC
on March 16, 2006, where his trial started in 2009 and made his original appearance before the
ICC on March 20, 2006 (Clapham & Gaeta, 2014, pp. 71). The charges against Mr. Thomas
Lubanga were confirmed by the court on January 29, 2007, after numerous postponements. The
prosecution at ICC was alleged to have actively conscripted children below 15 years, subjected
these children to armed training, as well as consequently exploited these children to take part in
hostilities, comprising as bodyguards for military officers. He further accused of exercising de
facto authority within the UPC, as well as the FPLC and to have the decisive rule over the
espousal along with the execution of their policies; thus, Mr. Lubanga was charged with
unlawful responsibility as co-perpetrator, together with some UPC/FPLC officials plus members
during that time (Alexander, 2015, pp. 109).
Issues
In 1997, when President Kabila ascended to power in Zaire, he branded the nation to
DRC. Hence, by the moment of his murder in 2001, over 10 wars devastated the region, with the
mainstream occurring in Ituri province. The ICC (Fatou Bensouda) stated that the evidence had
confirmed that it was not just past reasonable uncertainty, but further than any probable doubt
that Lubanga was guilty of the war crimes charged touching him by means of having

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methodically conscripted kids under than age of fifteen years as soldiers in his political wing
called UPC/FPLC. The evidence before the court showed that Lubanga exploited the children in
the hostilities in DRC between September 2002 and August 2003. Bensouda claimed that the
Chamber has made sure that the accused had attained fair trial in every proceeding, and asked the
Chamber to sentence him for the charge of the war crimes. The conviction as argued by the
prosecutor was meant to send an understandable message that there would be no impunity for
those who enlist and exploit children. The video that was prominent in the case was the one
showing Lubanga at Rwampara, movement training camp, in his duty as highest commander of
the militia talking to the recruited soldiers telling them it was the second he came to the camp.
The prosecution at the court claimed that the statement by Lubanga demonstrated that managing
his armies was a normal and common action for him plus that the video before the court was a
deliberate, public and recorded admission of Lubanga’s war crimes. The prosecutor described the
cruel everyday training camp life of the youngster armies who were harassed, learned the way to
kill and fights, and usually live in regular panic. The evidence also showed that the girls recruited
with the boys in the camp were subjected to rape and assault where they served as sex slaves to
Mr. Lubanga’s commanders and were compelled to be “wives” of the commanders in the
training camp (Boothby, 2010, pp. 741).
Decisions (Holdings)
A trial lawyer for the prosecution, Nicole Samson stated in his submission that the
recruitment occurred across the extensive region of UPC-controlled region between 2002 and
2003, as well as was a portion of the intentional and apparently executed plan. Consequently, the
prosecution claimed that the majority of the children military were the victims of coercive