The Exchange

For those that haven’t watched the opening statement by the ICC Prosecutor in the trial against Thomas Lubanga Dyilo (the first trial ever in the International Criminal Court, here it is in full. Arrested on the 17 March 2006 and the trail having since undergone a waft of long delays in negotiating and securing confidentiality in disclosures, 93 victims have been given the right to participate.

The international and non-international legal ramifications have been summarized neatly by the International Bar Association and presented below:

Pre-Trial Chamber I confirmed the charges against Mr Lubanga on 29 January 2007, finding that there is sufficient evidence to establish substantial grounds to believe that he is responsible, as a co-perpetrator under Article 25(3)(a) of the Rome Statute, for the war crimes of enlisting children under the age of fifteen years into the FPLC and using them to participate actively in hostilities. Although the Prosecution had only presented evidence relating to the non-international nature of the armed conflict within the context of which the allegations occurred, the Pre-Trial Chamber chose to confirm the charges in the context of both non-international AND international armed conflicts. Mr. Lubanga will now be tried for the following:

Charges arising in the context of “Non-international armed conflict”:

Count 1: CONSCRIPTING CHILDREN INTO ARMED GROUPS, a WAR CRIME, punishable under Articles 8(2)(e)(vii) and 25(3)(a) of the Rome Statute.

Count 2: ENLISTING CHILDREN INTO ARMED GROUPS, a WAR CRIME, punishable under Articles 8(2)(e)(vii) and 25(3)(a) of the Rome Statute.

Count 3: USING CHILDREN TO PARTICIPATE ACTIVELY IN HOSTILITIES, a WAR CRIME, punishable under Articles 8(2)(e)(vii) and 25(3)(a) of the Rome Statute.

Charges arising in the context of “International armed conflict”:

Count 4: CONSCRIPTING CHILDREN INTO NATIONAL ARMED FORCES, a WAR CRIME, punishable under Articles 8(2)(b)(xxvi) and 25(3)(a) of the Rome Statute.

Count 5: ENLISTING CHILDREN INTO NATIONAL ARMED FORCES, a WAR CRIME, punishable under Articles 8(2)(b)(xxvi) and 25(3)(a) of the Rome Statute.

Count 6; USING CHILDREN TO PARTICIPATE ACTIVELY IN HOSTILITIES, a WAR CRIME, punishable under Articles 8(2)(b)(xxvi) and 25(3)(a) of the Rome Statute.