Congo-Kinshasa: War Crimes Suspect Finally Faces Trial

Former DRC militia leader Thomas Lubanga.
18 November 2008

The first suspect to face war crimes charges before the International Criminal Court (ICC) - Congolese rebel leader Thomas Lubanga Dyilo - is now scheduled to go on trial next January.

The court announced Tuesday that it had lifted the stay on the proceedings it had imposed in June, and that judges had suggested a provisional commencement date for Lubanga's trial of January 26.

Lubanga is described by the court as the founder and leader of the Union des Patriotes Congolais (UPC), one of several groups involved in conflict in the eastern Democratic Republic of Congo. He is accused of conscripting child soldiers into the UPC's military wing and of deploying them in fighting in Ituri between September 2002 and August 2003.

He was arrested in March 2006 and transferred to face trial at The Hague in the Netherlands - the seat of the court. However, the court imposed the stay on proceedings when it found that the prosecution had incorrectly failed to share with the defence confidential evidence it had obtained from the United Nations and non-governmental organizations.

The prosecution was acting under a provision in the Rome Statute, which set up the court, which allowed it to receive confidential documents, not for using in a trial but for generating new evidence.

The court announced on Tuesday that the trial chamber hearing the case believed the reasons for imposing the stay "have fallen away." It said judges would explain their reasons fully in a written decision still to be released.

The court also decided that Lubanga should remain in custody until January.

Background: What Went Wrong With Historic War Crimes Case?

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