Thomas Lubanga Dyilo
It is bordered by Uganda to the east and Sudan to the north. Its population is between 3. During the second half ofthere was renewed violence in various parts of the district. Thomas Lubanga Dyilo […] […] [I]t would appear that Thomas Lubanga Dyilo entered politics between late and early Soon thereafter, he was elected to the Ituri District Assembly.
At the same time, a second decree officially established the FPLC. The Prosecution further submits that, after its founding and until the end ofthe FPLC continued to systematically enlist and conscript children under the age of fifteen years in large numbers in order to provide them with military training, and use them subsequently to participate actively in hostilities, including as bodyguards for senior FPLC military commanders.
Existence and nature of the armed conflict in Ituri […] 2. The characterisation of the armed conflict In his Document Containing the Charges, the Prosecutor considers that the alleged crimes were committed in the context of a conflict not of an international character. The Defence contends however that consideration should be given to the fact that during the relevant period, Law 088 lubanga dyilo Ituri region was under the control of Uganda, Rwanda or MONUC.
According to articles 8 2 b xxvi and 8 2 e vii of the Statute and the Elements of the Crimes in question, conscripting or enlisting children under the age of fifteen years and using them to participate actively in hostilities entails criminal responsibility, if [t]he conduct took place in the context of and was associated with an international armed conflict; or the conduct took place in the context of and was associated with an armed conflict not of an international character.
From July to June Existence of an armed conflict of an international character […] The ICJ finds in its disposition [in the case of the Democratic Republic of the Congo v. From 2 June to December Existence of an armed conflict not of an international character involving the UPC […] In the instant case, the Chamber finds that an armed conflict of a certain degree of intensity and extending from at least June to December existed on the territory of Ituri.
In fact, many armed attacks were carried out during that period, causing many victims. Existence of the offence under articles 8 2 b xxi and 8 2 e viii of the Statute The application of articles 8 2 b xxvi and 8 2 e vii of the Statute is predicated upon a showing that the offence as such has been committed.
The relevant parts of article 8 2 read as follows: Enlisting or conscripting children under the age of fifteen years The concept of children participating in armed conflicts emerged in international law in during the drafting of the Protocols Additional to the Geneva Conventions.
In this regard, the Chamber recalls that Article 77 2 of Protocol Additional I which applies to international armed conflicts, provides that: The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.
In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years the Parties to the conflict shall endeavour to give priority to those who are oldest.
Article 4 3 of Protocol Additional II, which applies to non-international armed conflicts, provides that: Children shall be provided with the care and aid they require, and in particular: A review of these international instruments and the two Protocols Additional to the Geneva Conventions shows that a distinction can be drawn as to the very nature of the recruitment, that is to say between forcible and voluntary recruitment.
In this regard, the Chamber points out that this distinction was also made by Judge Robertson in his separate opinion appended to the judgement rendered by the Appeals Chamber of the Special Court for Sierra Leone on 31 May in the case of The Prosecutor v.Thomas Lubanga was found guilty in March of abducting boys and girls under the age of 15 and forcing them to fight in the Democratic Republic of the Congo's eastern Ituri region in The Prosecutor v.
Thomas Lubanga Dyilo 14 March “The conviction today is very important in demonstrating that no-one is beyond the reach of the law and that militia leaders operating in remote areas can be held accountable.
This is . The Court is under an obligation 73 to review periodically (at least every days) its decision on the release or detention of the accused.
74 At all times, there have remained reasonable grounds to believe that Mr Thomas Lubanga Dyilo is criminally responsible under Article 25(3)(a) of the Statute for the crimes set out in the arrest warrant. Thomas Lubanga Dyilo (born 29 December ) is a convicted war criminal from the Democratic Republic of the Congo (DRC) and the first person ever convicted by the International Criminal Court (ICC).
He founded and led the Union of Congolese Patriots (UPC) and was a key player in the Ituri conflict (–).Born: 29 December (age 57), Djiba, Ituri Province, Republic of the Congo (Léopoldville). Thomas Lubanga Dyilo was commander-in chief of the FPLC (the Force Patriotique pour la Liberation du Congo) which was the armed ﬁghting wing of the UPC and he was the former President of the UPC (the Union des Patriotes.
Prosecutor v. Thoman Lubanga Dyilo, Case No. ICC//06, Decision on the release of Thomas Lubanga Dyilo (July 2, ).