Lubanga Trial Website (The Hague)

Congo-Kinshasa: Lubanga Guilty of Use of Child Soldiers

Photo: Michael Kooren/ICC-CPI
Former DRC militia leader Thomas Lubanga.

Today, International Criminal Court (ICC) judges in The Hague delivered the Court's first verdict—a finding of guilt against former Congolese warlord Thomas Lubanga.

Prosecutors accused Lubanga of the war crimes of conscripting, enlisting, and using children under the age of 15 years for combat purposes while he served as political head of the Union of Congolese Patriots (UPC) rebel group in the Ituri region of the Democratic Republic of Congo (DRC). Lubanga denied all allegations against him, insisting that he gave orders for children not to be involved in combat and that prosecutors had influenced witnesses to lie against him.

The ICC judges ruled that the prosecution proved beyond reasonable doubt that Lubanga is guilty of the crimes charged. Judge Adrian Fulford, Presiding Judge of the Trial Chamber, in delivering the verdict said that there was reasonable evidence to believe that Lubanga was involved in a recruitment drive for his UPC rebel group and that such drive included conscripting children and using them for combat purposes. The judges also found that Lubanga personally used children as his bodyguards.

The judges agreed with the defense on allegations that the prosecution had delegated its investigations to local intermediaries in the Democratic Republic of the Congo and that these intermediaries manipulated and influenced some witnesses to lie against Lubanga. The evidence of these prosecution witnesses were in doubt and were therefore disregarded by the judges.

On the strength of other prosecution evidence, including a video footage of Lubanga addressing children at a UPC training camp, the judges found that Lubanga is guilty of the charges against him.

James A. Goldston, executive director of the Open Society Justice Initiative, has welcomed the delivery of the Lubanga judgment by the ICC today saying:

"The judgment is an important step forward in the worldwide struggle against impunity for grave crimes. Its pointed criticism of the prosecution's supervision of 'intermediaries' further underscores the need for the Court to reform its investigative procedures and establish clear rules for working with persons other than Court staff to identify and help gather evidence."

Lubanga will now remain in custody until the judges schedule a separate sentencing hearing during which they will determine the length of jail term that he will serve.

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  • ras sideeq
    Mar 14 2012, 09:12

    I CAN NEVER SAY WHETHER IF THIS MAN IS GUILTY R NOT. WHAT I DO KNOW IS AFRICA IS GUILTY OF NEGLIGENCE. AFRICA STILL HAS NOT DECIDED THAT SENDING AFRICANS ABROAD TO BE TRIED BY EUROPEANS IS NOT DIFFERENT TO SENDING AFRICANS ABROAD TO BE FORCED TO LABOUR FREELY FOR THESE SAME EUROPEANS. WHEN THEY HAVE THIS POWER OVER AFRICA THEY FEEL IT IS THEIR SUPREME RIGHT. AFRICA MUST SERIOUSLY CONSIDER THE RAMIFICATIONS OF THESE TRIALS. IT IS NOT NECESARRY FOR AFRICANS TO BE TRANSPORTED WHEN I SAY TO YOU IT IS REMNANT OF THE SLAVE TYRADE IT APPEARS NOTHING HAS CHANGED. EVERYTHING HAS CHANGED ; AFRICA IS BREAKING THAT WEAK LINK AND FORGEING ITS OWN STRONG INDEPENDENT CHAIN ONE THAT WILL TEST ALL TIME. WE ARE NOT EUROPEAN SUBJECTS WE ARE NOT SUBJECT TO THEIR LAWS AND PUNISHMENT. WHEN WE GO ABROAD TO THEIR COURTS TO SEK JUSTICE THEY DENY US THEY RULE IN FAVOUR OF THEIR CORPORATIONS AND THEIR BANKS. WHAT MAKES YOU FEEL THAT THESE PEOPLE WHOM CHOSE TO LORD OVER US AND CLAIM TO BEOPUR GOD CALLING THEMSELVES OUR MASTRES CAN YOU IMAGINE THAT OUR MASTERS? THEY ARE TRULY DELUDED WE HAVE ONLY ONE MASTER AAND HE IS "THE ALMIGHTY LORD GOD" AND HE ALONE DO WE SUBJECT ORUSELVES TO. WHAT IS MISSING HERE IS THAT THESE PEOPLE STILL THINK THEY HAVE THE RIGHT TO RULE AFRICA THIS IS CLEARLY A FALACY. WHEN THEY DO JUDGEMENT THEY ARE SENDING A MESSAGE TO OTHER WHITTES THAT THEY ARE STILL IN CONTROL AND THEY CAN JUDGE US. THIS IS WRONG IN ALL ASPECTS. WE MUST SEND MESAGES TO ORU AFRICAN PEOPLE WHEREVER THEY ARE IN AFRICA THAT IF THEY DISOBEY LAWS THAT GOVERN THE CONTINENT WE WILL SEEK OUR OWN JUSTICE. WE MUST BE THE SENDERS OF THIS MESSAGE. WHEN THEY HAVE THIS AUTHORITY THYE THEN FEEL WHEN IT COMES TO PAYING TAXES THEY CAN OVERLOOK IT THEY CAN BREAK OUR LAWS WHEWN IT COMES TO THE ENVIRONMENT ;THE SAME THING!!. WE MUST CONTRIBUTE TO OUR OWN WELL BEING. BESIDES OUR "ALMIGHTY MASTER" THERE IS NO AFRICAN MASTER EXCEPT AFRICANS WE ARE THE MASTERS OF ORU FATE. WE DICTATE WHO GOES TO PRISON FOR DISOBEYING THE LAWS OF OUR LANDS. THEY CAN NTO JUDGE US WHEN THEYARE HY6POCRITS LIARS DOUBLE DEALERS. HOW CAN THEY JUDGE A WAR LORD WHEN THEY INITIATED THE WAR IN LIBYA ON AFRICAN LANDS AND ARE NOW ALSO AFCILITATING THE WAR IN SYRIA. COME OIN BROTHERS. THIS IS WHY THEY USE KOFI ANAN. HE WAS INSTRUMENTAL IN PIONEERING THIS DISGRACEFUL ROME STATUTE. THIS IS A LET DOWN A SELL OUT AND SHOW NO SELF CONFIDENCE. THIS JUST GIVES THEM THE IMPRESSION THEY ARE BETTER AND WISER THAN WE ARE AND WE ARE NOT CAPABLE TO JUDGE OUR SELVES AGAIN THIS IS ABIG FALACY. ANY THING THEY CAN DO WE CAN DO IT BETTER. FIRST AND FOREMOST WE ARE THE PAST AND THE EARTHS FUTURE. WHEN WE LOOK AT DEMOCARACY AS AAWAY FORWARD THIS A TALK SHOP FOR EUROPE AND AMERICA AS THEY DISTANT THEMSELVES FROM DEMOCARY THEY INTIMATE THEMSELVES WITH FACISM DICTATORSHIPS AND AUTOCRACY . THIS IS HOW THEY GOVERN AT THIS TIME IN HISTORY WE IN AFRICA IS SEEKING THE GLORIOUS PATH TO RIGHTEOUSNESS WE KNOW THAT DEMOCRACY MEANS THAT IT IS UNIVERSAL FREWIZE INTELLECTUAL THINKING WHERE ALL IS FREE UNDER THE SUN THAT WE ARE ONLY A SMALL PART IN A UNIVERSE CREATED BY ONE WHOM IS MIGHTIER THAN WE ARE AND NO MAN OR MAMMAL CAN IMITATE OR TAKE THE PLACE OF "THE OMNIPOTENT THE OMNIPRESENT ONE" WE ARE NOT THE FOOLS THEY WANT US TO BE ;THESE PEOPLE HAVE COME INTO AFRICA AND ARE TRYING THRU STEALTH TO DO THE SAME THING TODAY AS YESTER YEAR. THIS HIGH POWER FOOLISHNES ABOUT KONY IS A WAY FOR THEM TO ASK NATO TO SEND MORE TROOPS INTO CENTRAL AFRICA THIS IS ALL STEALTH DIABOLICAL TRICKNOLOGY. THE UGANDANS ARE IN SOMALIA DOING AWORK THERE THAT NO ONELSE WANTED TO DO .ALL OF A SUDEN WE HAVE THIS DIVERSION ABOUT KONY WE MUST BE CAREFULL. THESE HYPOCRITS THESE NGOS WHO ARE NOTHING BUT MODERN DAY MISSIONARIES AND SPIES FOR CIA AND BRITISH AND FREENCH INTELLIGENCE, THEY ARE COMMING INTO AFRICA TRYING TO DICTATE POLICY AND OFTEN TIMES TRYING TO TALK OVER THE PRESIDENT OF MEMBER STATES THAT PRACTISE MUST CEASE. THEY SHOULD BE ALLOWED IN AFRICA ON VERY LIMITED SCALES. WE WONT MENTION WHAT THEY DID IN HAITI. THAT TINY CARRIBEAN ISLAND WHERE IS 99.9% BLACK THEY ROBBED THE BILLIONS OF DLLARS THAT WAS AIR MARKED FRO DEVELOPMENT. REMEBER HOW THEY USED GUN BOAT APPROACH TO BY NOT ALLOWING DOCTORS AND AND CREDIBLE PEOPLE INTO THE COUNTRY THEY PRETENDED IT WAS SOME MILITARY COUP EVEN INFECTING THE POPULOUS WITH CHOLERA. THIS IS WHY WE NEED TECHNOL;OGY SOMETHING THEYDENIED US IF WE ARE KEPT ABREAST OF WHAT THEY ARE DOING THEN WE WONT BE SO EASILY MISLED. THEY LIKE TO KEEP AFRICA IGNORANT THAT IS WHY WE MUST EDUCTE EVERY CORNER OF AFRICA I SAY TO AFRICA ENFGAGE THE DIASPORA FROM THE MANY WHO ARE MISSING AFRICA AND WOUILD WELCOME THE THYOUGHT OF TRULY ELEVATINGT HE PEOPLE TO STATUS. ENLIGHTENMENT THE WAY FORWARD WE CAN DEPEND ON THOE WHO ARE DISHONOURABLE THEY WILL ALWAYS LEAD YOU DOWN THE PATH OF DESTRUCTION. THEIR ARROGANCE GOES WITHOUT MENTION THERE ARE NO HUMANS ON THIS PLANET WHOM LIKE TO DELUDE THEMSELVES AS MUCH AS THESE PEOPLE THEY DO NOT LIVE IN AREAL WORLD. LOOK AT HOW THEY SPEAK PEOPLE IN WASHINGTON WHO DOES NOT KNOW ONE THING ABOUT AFRICA OTHER THAN THEY USE TO RAPE THE PLACE FOR FREE LABOUR. OTHER THAN THAT THEY KNOW NOTHING THE CIA USES THE PLACE AS THEIR PLAY GROUND THEY TESTED GERM AND BIOL;OGICAL WEAPONS HERE THEY ALSO DUMPED TONS OF THEIR CONTAMINATED MATERIALS IN AFRICA SO HOW CAN THESE PEOPLE WHO THINK WE ARE THEIR INFERIORS BE JUDGES OVER US THEY ARE ONLY PATRONISING US. IT IS TIME FOR FULL EMPOWERMENT WE MUST ADOPT THE ENTIRELANDS LAWS THAT WILL BE ABLE TO GOVERN US PROPERLY. JUST FOR THOUGHT HOW MANY BLACK CHRISTIANS EVR REDA THE QUARAN AND TELL ME WHY NOT? HOW MANY AFRICANS TRULY KNOW WHAT THE LAWS OF SHARIA ARE? I GUARANTEE THAT BECAUSE THE WHITES CRITISISE IT THEY DEMONISE IT THEY WR AGAINST IT WE BECOME STUPID AND FOLLOW THEIR LEAD. WHY? WE MUST SEEK ALL KNOWLEDGE KNOWLEDGE THT HAS HONESTY RIGHTEOUSNESS WE MUST LOOK AT EVERYTHING THAT CAN FORWARD OUR MENTALITY TO KEEP US WELL PSOSITIONED TO BE THE FUTURE WHETER WE LIKJE IT OR NOT THERE WILL BE A DAY WHEN WE WILL ALL HAVE TO GIVE ACCOUNT INDEPENDENTLY AND NO ONE WILL BE ABLE TO HOLD OUR HANDS NOR BE OUR GUIDE OR SPEAK FOR US NO ONE AT ALL EVERY WORD WILL HAVE TO BE SPOKEN BY YOU. SO IT WOULD BE WISER TO DO FOR OURSELVE FOR WE KNOW WHAT PUNISHMENT IS ALL ABOUT WE KNOW WHAT THE FUTURE HOLDS FOR ALL OF US WHETHER TODAY OR TOMORROW WE WILL FACE JSUTICE. UGANDANS HAVE BEEN DOING FINE THEY HAVE ELIMINATED KONY AND HE IS WAS NOT AS POWERFUL AS THESE PEOPLE WHOM WANTS ONLY TO MAKE MONEY ARE PREACHING. THIS ALONE SHOULD TELL YOU HOW THEY THINK AND THAT COURT IS NOT FEASIBLE FOR US TO TRANSPORT BLACK PEOPLE IN CHAISN ACROSS THE WATERS TO BE TRIED BY A PEOPLE WHO ARE NOT WORTHY THIS ONLY INFLAMES THE GOD COMPLEX ;WE MUST WAKE UP!!!!!!!!!

  • Phiri
    Mar 14 2012, 21:19

    The ICC remains one of the most dangerous organization that claims it is helping the Africans. It is always wrong to be judged by white europeans, instead of your own people. The trial was just a show and pretense that Europeans do things better. Africans should be judged by their own judicial system. Short of that, the ICC is just an imperialist institution, that wants to control africans for europe. Nobody in Africa should give up their rights to be tried by fellow africans..This is classic imperialism, in the name of democracy!!!

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