By Jared Kleinman
Impunity Watch Reporter, Africa
The defense team of Congolese warlord Thomas Lubanga Dyilo, accused of enlisting child soldiers, began its presentation Thursday as part of the first-ever trial to be held by the International Criminal Court (ICC).
Lubanga is the founder and leader of the Union of Congolese Patriots in the Ituri region of the eastern Democratic Republic of the Congo (DRC).
Lubanga’s trial marks the first in the history of international law to see the active participation of victims in the proceedings, including child combatants. He faces two counts of war crimes: conscripting and enlisting child soldiers into the military wing of his group and then using them to participate in hostilities between September 2002 and August 2003.
Mr. Lubanga’s defense team, led by Catherine Mabille, will present exculpatory evidence over several months. Some 30 witnesses expected to testify, most of whom have not asked for extra protection from the Court.
The Prosecution finished presenting its evidence on 14 July, 2009. Over the course of 22 weeks, and during 74 days of hearings, the Chamber heard 28 witnesses called by the Office of the Prosecutor (OTP), including three experts. The Chamber also called two other experts to testify. Nearly all of the prosecution’s witnesses were granted protective measures, including voice and facial distortion and the use of pseudonyms. A psychologist sat in during the proceedings to support and monitor witnesses.
Mr. Lubanga, who surrendered to the ICC in March 2006, and his defense team were able to see all of the witnesses as they gave their testimony, but some required further special measures to avoid direct eye contact with the accused. To date, 103 victims represented by three teams of legal counsel have been authorized to participate in the trial.
Established by the Rome Statute of 1998, the ICC can try cases involving individuals charged with war crimes committed since July 2002. The UN Security Council, the ICC Prosecutor or a State Party to the Court can initiate any proceedings, and the ICC only acts when countries themselves are unwilling or unable to investigate or prosecute.
For more information, please see:
UN News Services – Defence Kicks Off Case for Warlord at International Criminal Court – 7 January 2010
All Africa – Lubanga Trial Highlights Plight of Child Soldiers – 6 January 2010
International Criminal Court – Trial of Thomas Lubanga Dyilo – the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict Will Testify Before the Court – 6 January 2010
