Prosecutor v Lubanga Dyilo
In the first judgment of the International Criminal Court, a Congolese militia leader was convicted of the war crimes of enlisting, conscripting and using child soldiers.
Facts
Thomas Lubanga Dyilo was the leader of the Union of Congolese Patriots and its military wing, which took part in the conflict in the Ituri region of the Democratic Republic of the Congo in 2002 and 2003. He was charged with the war crimes of conscripting and enlisting children under the age of 15 into armed groups and using them to participate actively in hostilities.
Legal principle
The Trial Chamber of the International Criminal Court convicted Lubanga of the war crimes charged, and sentenced him to 14 years' imprisonment. It was the first judgment and the first conviction by the court since it was established by the Rome Statute in 2002. The court held that he was a co-perpetrator, because there was an agreement or common plan between him and others which involved a critical element of criminality, and he made an essential contribution to it. The court took a broad view of using children to participate actively in hostilities, including as bodyguards. The conviction was upheld on appeal in 2014, and the court later made its first reparations order.
Related cases on use of force, armed conflict and international criminal law
- Al-Jedda v United Kingdom (2011) 53 EHRR 23
- Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation) (2022) ICJ Reports 211
- Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) (2005) ICJ Reports 168
- Hassan v United Kingdom (2016) 61 EHRR 18
- Legality of the Threat or Use of Nuclear Weapons (1996) ICJ Reports 226
- Oil Platforms (Iran v United States) (2003) ICJ Reports 161
- Prosecutor v Akayesu Case No ICTR-96-4-T (1998)
- Prosecutor v Furundžija Case No IT-95-17/1-T (1998)
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
