NETHERLANDS/FILE: International Criminal Court urged to bring case of Congolese militia leader Thomas Lubanga to trial

Record ID: 560868

  • Title: NETHERLANDS/FILE: International Criminal Court urged to bring case of Congolese militia leader Thomas Lubanga to trial
  • Date: 29th November 2006
  • Summary: (BN12) THE HAGUE, THE NETHERLANDS (NOVEMBER 28, 2006) (REUTERS) PHOTOGRAPH OF A BOY SOLDIER (his gun is out of frame)
  • Embargoed: 14th December 2006 12:00
  • Keywords:
  • Topics: International Relations
  • Reuters ID: LVABKMQABGF1UFZE1BA0LVV8T9JQ
  • Story Text: Representatives of former child soldiers and prosecutors called on the International Criminal Court (ICC) on Tuesday (November 28) to bring the case of Congolese militia leader Thomas Lubanga to trial.
    Lubanga, the founder and leader of one of the most dangerous militia in the Democratic Republic of Congo's Ituri district, could next year be the first to be tried by the ICC if charges against him of using children soldiers are confirmed.
    The Hague-based court is hearing closing statements on Tuesday as it wraps up confirmation hearings, needed to examine the prosecutors' case and determine whether there is sufficient evidence to go to trial.
    The ICC was set up in 2002 as the first permanent global war crimes court to try individuals and Lubanga became the first suspect to be delivered into its custody earlier this year.
    "The prosecution has provided sufficient evidence to establish substantial grounds to believe that Thomas Lubanga Dyilo committed war crimes with which he is charged. Namely, the war crime of enlisting children into armed groups, the war crime of conscripting children into armed groups and the war crime of using children to participate actively in hostilities," prosecution lawyer Ekkehard Withopf said.
    The indictment said that children below the age of 15 were subject to systematic military training and severe discipline. They often joined the militia because of their desperate need for food or desire to avenge their murdered families.
    Lubanga's defence lawyer Jean Flamme, who has accused the prosecution of withholding information necessary to prepare the defence, is due to read his closing statement later on Tuesday.
    An International Criminal Court Programme adviser, Mariana Goetz, said that the people of Congo were more concerned about the total effects of the war on the country and the population than the use of children as soldiers in communities where child labour is an integral part of society.
    "One needs to remember one thing - in Africa, in DRC, 49 percent of the population is under 15, so children are very much involved in the community, in working, and in a time of war, it is seen as part of the responsibility also of young teenagers to contribute to the war efforts. So, it is of course a crime and it's important that the prosecutor goes after this recruitment of children, but in the view of the people in the eastern part of Congo, it is really not a representative of what happened. For them, war was about thousands upon thousands of deaths, of rapes, of torture, and these crimes haven't been prosecuted," Goetz said.
    Legal representatives of the victims called on the court to ensure that a trial would take place and bring justice.
    "Let's think about kids of 12, 11 or 14 years old, we should give them another chance. These kids are not supported by their parents anymore," Franck Mulenda, one of the legal representatives, said.
    The charges against Lubanga, leader of the Union of Congolese Patriots (UPC), an ethnic militia now registered as a political party, relate to the period between July 2002 and December 2003, although the war in the Congo began in 1998.
    Lubanga -- delivered to the court in March -- attended the hearing dressed in white. The 45-year-old, who holds a university degree in psychology, has denied the charges.
    Last week, lawyers representing Lubanga maintained the defence had not had time to prepare, and Human Rights Watch said conditions for a fair trial might not be met.
    The judges have 60 days to decide whether the case can go to trial or request the prosecutor to provide further evidence or conduct further investigation. The judges can also decide to request the prosecutor to amend charges.

    WAR CRIMES
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