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> Cases & Situations > Democratic Republic of Congo > Lubanga Case

Lubanga Case Katanga - Ngudjolo Chui Case

On 26 January 2009, the ICC opened its first trial in the case against Congolese warlord Thomas Lubanga Dyilo. Lubanga was the first person charged in the Democratic Republic of Congo (DRC) situation as well as the Court’s first detainee.

The trial marks a turning point for the Rome Statute, the ICC’s founding treaty, which entered into force only six years ago. The Lubanga proceedings will be the first test of formal victim participation in an international criminal trial. The case also highlights the gravity of recruitment, enlistment and conscription of child soldiers.

As the alleged leader of the Union of Congolese Patriots (UPC) and the commander-in-chief of its military wing, the Forces patriotiques pour la libération du Congo (FPLC), Lubanga is accused of enlisting and conscripting children under the age of fifteen and using them to participate actively in hostilities, from September 2002 to 13 August 2003.

BACKGROUND

ARREST WARRANT AND TRANSFER
On 17 March 2006, an arrest warrant for Lubanga was publicly announced and unsealed by ICC Pre-Trial Chamber I. Due to the cooperation of DRC authorities, the French government and MONUC, Lubanga was transferred to The Hague on the same day.

The crimes for which Lubanga has been charged with are listed as war crimes under Articles 8(2)(b)(xxvi) or 8(2)(e)(vii) of the Rome Statute of the ICC.

The Prosecutor of the ICC has charged Thomas Lubanga Dyilo with the war crime of enlisting children under the age of fifteen; conscripting children under the age of fifteen; and using children under the age of fifteen to participate actively in hostilities.

FIRST APPEARANCE
On 20 March 2006, Thomas Lubanga Dyilo first appeared in Court before ICC Pre-Trial Chamber I.

PRE-TRIAL CONFIRMATION OF CHARGES
A three-week confirmation of Charges hearing was held in November 2006 in the Lubanga case. Four victims participated in the proceedings and were allowed to present their views and concerns.

On 29 January 2007, ICC Pre-Trial Chamber I confirmed the charges against Thomas Lubanga Dyilo, sending the case against him to trial.

The Chamber found sufficient evidence to establish substantial grounds to believe that Thomas Lubanga is criminally responsible as a co-perpetrator for the charges made against him for the period beginning September 2002, when the Force Patriotiques pour la Liberation du Congo (FPLC) was founded, and ending 13 August 2003.

STAY OF THE PROCEEDINGS AND REVIVAL OF THE TRIAL

On 16 June 2008, the Court announced a stay of the proceedings in the Lubanga case because the Prosecution was unable to make available potentially exculpatory materials. The Chamber scheduled a hearing on 24 June 2008 in order to consider the release of the accused.

On 2 July 2008, Trial Chamber I issued an order granting unconditional release to Thomas Lubanga Dyilo. The Prosecution appealed the order and such appeal was given suspensive effect meaning that the accused shall not leave detention until the Appeals Chamber has resolved the issue.

On 11 July 2008, the Prosecution requested Trial Chamber I to resume trial proceedings and to revoke the order of release of Thomas Lubanga Dyilo because of new UN procedures that would allow the Chamber to review potentially exculpatory evidence.

On 3 September 2008, ICC Trial chamber I decided to maintain the stay of the proceedings in the Lubanga case. “The proposals outlined in the application demonstrably fail to meet the prerequisites set out hitherto by the Chamber to enable it to lift the stay of proceedings, and they infringe fundamental aspects of the accused's right to a fair trial” state the Judges in their decision. Thomas Lubanga Dyilo will however remain in custody until a final decision is taken by the ICC Appeals Chamber on the appeal of the order granting unconditional release to Thomas Lubanga Dyilo.

On 14 October 2008, the Prosecution decided to discontinue the first and second grounds of his Appeal against the Trial Chamber’s decision to stay the proceedings. According to the Prosecution, information providers now agree to allow complete access to all the Article 54(3)(e) documents by both the Trial Chamber and the Appeals Chamber, if necessary. This notice does not affect the third ground in that appeal, on the imposition of the stay of trial, nor does it affect the appeals from the decisions to release the accused.

On 21 October 2008, the Appeals Chamber of the International Criminal Court (ICC) rejected the appeal by the ICC Prosecutor Luis Moreno-Ocampo to revive the trial of the ICC’s first accused, Thomas Lubanga Dyilo of the Democratic Republic of Congo (DRC). However, the judges ruled in favor of the Prosecutor’s appeal to reject the release of the accused because the trial was on hold. The Appeals Chamber said the Trial Chamber was wrong to say that an inevitable consequence of a conditional stay of the trial proceedings is the unconditional and immediate release of the accused. Judges remanded the matter of the accused’s release back to the Trial Chamber for a new determination regarding the release of Lubanga, in light of their judgment and by taking into account all relevant factors, including the need for Lubanga to remain in detention according to the conditions set out in Articles 60 and 58 (1) of the Rome Statute.

On 22 October 2008 Trial Chamber I reacted to the Appeal’s Chamber’s decision, requesting the Prosecution, Defence and Legal Representatives of victims to make submissions on Lubanga’s pre-trial detention before 31 October 2008.

On 18 November 2008, Trial Chamber I of the International Criminal Court announced its decision to lift the stay of the proceedings in the Lubanga case as the reasons for imposing the stay "have fallen away". The Judges announced the trial would start on 26 January 2009. Trial Chamber I also decided not to grant the release nor provisional release of Mr Thomas Lubanga Dyilo.

PREPARATORY HEARINGS
The Court has held multiple hearings in preparation for the Lubanga trial. With decisions on the participation of victims in the trial, on the disclosure of evidence, the redaction of documents, the role of the Office of Public Counsel for Victims, the Court has been setting key guidelines on many crucial issues.

DETENTION
Lubanga has been detained in one of the 12 ICC cells of the ‘Haaglanden Prison’, in Scheveningen in The Hague since 17 March 2006. The Scheveningen prison is located less than twenty minutes by road from the Court. The International Committee of the Red Cross is visiting the Detention Centre on a regular basis.

TRIAL

On 26 January 2009, the ICC opened its first trial in the case against Congolese warlord Thomas Lubanga Dyilo.

The Prosecution, the Defence, the Registry and 8 Legal Representatives of Victims representing 93 victims are participating in trial hearings.

The Prosecution finished the presentation of its case in mid-July 2009.

The presentation of the Defense’s case—originally scheduled to start in October 2009—had been adjourned pending a ruling by the Appeals Chamber on the recharacterization of the facts and the addition of charges of sexual slavery and inhuman and/or cruel treatment to the existing charges. On 8 December 2009, the Appeals Chamber of the ICC reversed the Trial Chamber decision on the reclassification of the facts in the Lubanga case.

On 7 January 2010, the Lubanga trial resumed with the testimonies of two experts and three victims. Only afterwards, the Defense will start the presentation of its evidence.