International Criminal Court

Prosecutor presents evidence that could lead to first ICC trial

The Hague, 9 November 2006

ICC-OTP-20061109-178-En

Pre-Trial hearing to determine whether DRC militia leader will be tried for child soldier charges

Situation: Democratic Republic of the Congo
Case: Prosecutor v. Mr Thomas Lubanga Dyilo

Today, a panel of three pre-trial judges will begin hearing evidence in the case against Thomas Lubanga Dyilo to determine whether he will be the first person tried before the International Criminal Court.  Mr. Lubanga Dyilo, a former leader of a militia group in the Ituri district of the Democratic Republic of the Congo (DRC), is charged with enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities.  The Prosecutor formally charged Mr. Lubanga Dyilo on 28 August 2006.

“This case is a landmark in the fight against impunity for these crimes affecting children in the DRC and worldwide,” Chief Prosecutor Luis Moreno-Ocampo said.

Deputy Prosecutor Fatou Bensouda explained: “Regardless of the outcome of the proceedings, this case exposes the destructiveness of forcing children to fight adult wars, a practice that puts their lives at risk and jeopardizes entire communities.”

The purpose of the hearing is to determine whether there is enough evidence to establish substantial grounds to believe that Mr. Lubanga Dyilo committed the crimes with which he is charged. If the judges confirm the charges, the case will proceed to trial – marking the first time an individual is brought before an international court solely on the basis of these crimes.

Since the transfer and initial appearance of Mr. Lubanga Dyilo in March of this year, there have been multiple hearings and status conferences on procedural aspects of the case, including issues concerning the disclosure of evidence, protection of witnesses and victim participation. 

At the time relevant to these charges, Mr. Lubanga Dyilo was the President of the Union des Patriotes Congolais (UPC) and the Commander-in-Chief of its military wing, the Forces Patriotiques pour la Libération du Congo (FPLC), one of the most dangerous militias in Ituri.  The Prosecutor alleges that Mr. Lubanga Dyilo controlled and coordinated a deliberate plan to enlist and conscript children systematically and in large numbers, including children under the age of 15 years, and even as young as 10, and that he executed the plan, jointly with his subordinate FPLC commanders.

The Prosecutor will use multiple documents, including testimonies from victims and witnesses, to support the charges against Mr. Lubanga Dyilo.  The charges refer to six individual cases that reflect the experiences of the large number of child soldiers who were under FPLC command.

During the hearing, Mr. Lubango Dyilo and his counsel M. Jean Flamme will have the opportunity to challenge the charges brought against him.  The judges have 60 days from the last day of the hearing to decide whether the case against Thomas Lubanga Dyilo will proceed to trial.