Originally published on the CGS blog on January 15, 2010.
The Lubanga trial at the International Criminal Court in The Hague resumed on January 7th. Thomas Lubanga is the alleged leader of the Union des Patriotes Congolais (UPS) militia which was involved in the Ituri region conflict in the Democratic Republic of Congo, 2002-2003. The ICC investigation into the situation in Ituri has also led to arrest warrants for Germain Katanga and Mathieu Ngudjolo Chui who are both in ICC custody, and Bosco Ntaganda who remains at large.
Lubanga has pleaded not guilty to the three war crimes charges against him. The charges include: the enlistment and conscription of children under the age of 15 years and using them to participate actively in hostilities. Lubanga was the first suspect to be arrested and transferred to the ICC where he currently remains in custody as the trial continues. The prosecution finished presenting their case on July 14, 2009 after calling 28 witnesses over 74 days of hearings. The defense will call around 30 witnesses and the proceedings are expected to last several months.
The use of child soldiers has been a particular focus of this case. On January 7th, upon request of the judges, Trial Chamber I began to hear the testimony of Radhika Coomaraswamy, the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict. Coomaraswamy stated that the Court should see children as “a special category, creating a framework that protects their vulnerability.” She told the Court that children under 15, have “an under-developed notion of death,” and for that reason it is particularly abusive to use children in combat situations. She said “[c]hildren are easily exploited by those kinds of imageries of romantic death and heroic death” and urged the Court to regard evidence that suggests that child soldiers had “volunteered” to fight with skepticism. Coomaraswamy also stated that “[a]ny framework for protection of children in wartime and accountability of those who use them…must include girls.Girls play multiple roles in conflict, including combat…but [there is] also sexual slavery.we need to draw attention to the roles girls play.in every context.”
Interestingly, Coomaraswamy added that the Court’s willingness to prosecute those who conscript child soldiers has led to a situation where several armed groups are approaching the UN to negotiate plans for the release of child soldiers. She stated that, “most recently in Nepal.the release of 3,000 children is about to begin today.”
The International Criminal Court (ICC) is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. To learn more about the ICC CLICK HERE.
