FROM THE DRC TO THE ICC
THE PROSECUTOR V. LUBANGA
Basics
Tribunal: International Criminal Court (ICC)
Who: Thomas Lubanga Dyilo
What Crimes: Enlisting, conscripting, and using child soldiers under the age of 15 actively in hostilities
How: Co-perpetration
Backstory
Between 1994 and 2003, the Democratic Republic of Congo (DRC) was embroiled in a complex
conflict fueled by foreign armies and local militias. This war led to the loss of some five million lives.
Thomas Lubanga Dyilo served as one of the many militia leaders. He was the president of the Union
of Congolese Patriots (UPC), a militia group that claimed to represent the interests of the Hema ethnic
group in the Ituri region of northeastern DRC. The Hema have been implicated in many serious
abuses including ethnic massacres, torture, rape, and the use of child soldiers.
Specifically, the military wing of the UPC, under Lubanga’s leadership, was known to recruit young
people, regardless of age, in schools and in villages. Some of these recruitment efforts were coercive,
including abductions. This meant that children under 15 years old were recruited — in violation of
international law — whether or not this was specifically intended. The children were sent to training
camps where they were beaten, whipped, imprisoned, and inadequately fed. Young female recruits
were raped. The children were encouraged to smoke cannabis and drink alcohol and were frequently
intoxicated.
The ICC initially charged Lubanga with thirty-three crimes. After the evidence was analyzed, the
strongest body of admissible evidence allowed the ICC to charge Lubanga for the war crimes of
conscripting, enlisting, and using child soldiers under the age of 15 actively in hostilities.
DEFINED
Chain-of-custody: Chain-of-custody simply means that the ICC needed to know how the
video got from the military training camps, where it was filmed, to AJEDI-Ka and then to the
ICC. More simply put, whose hands did the footage pass through on its way to the ICC?
Co-perpetrator: The ICC defines a co-perpetrator as a person who makes an essential
contribution to a common plan to commit a crime. This essential contribution can be made
when the plan is being conceived, when preparations to commit the crime are being made,
or when the crime is being executed.
23 VIDEO AS EVIDENCE: STAGES & STANDARDS OF PROOF V 1.0
LAW
FIELD
NOTE
THE ROLE OF VIDEO IN THE CRIMINAL JUSTICE PROCESS:
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