Thomas Lubanga

Infobox Person
name = Thomas Lubanga Dyilo


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birth_date = 29 December 1960
birth_place = Djiba, Ituri Province, DRC
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nationality = flagicon|Democratic Republic of the Congo Democratic Republic of the Congo (DRC)
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known_for = Indicted by the International Criminal Court for war crimes
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Thomas Lubanga Dyilo (born 29 December 1960 in Djiba, Ituri [http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-2_tEnglish.pdf Warrant of Arrest] , ICC, 10 February 2006, p. 5] ) is the founder and former leader of the Union of Congolese Patriots (UPC), an armed militia in Ituri, northeastern Democratic Republic of the Congo (DRC). Implicated in numerous human rights violations against civilians and the murder of UN peacekeepers, he was arrested on authority of an arrest warrant issued by the International Criminal Court (ICC) and is the first person put on trial by the ICC in The Hague, Netherlands.

Biography

During the Second Congo War, Lubanga was a military commander in the Uganda-allied Mouvement de Libération faction of the Congolese Rally for Democracy (RCD-ML). Lubanga formed the UPC with Ugandan assistance, predominantly from the Hema ethnic group, in 2000, at a time when the Ituri Conflict between the Hema and Lendu was well underway. With Ugandan help, the UPC captured the town of Bunia in 2002, in the course of which large numbers of civilians were killed. Over the next several years, the UPC was implicated in the large-scale murder, torture and rape of civilians, in particular ethnic Lendus, and the forced conscription of child soldiers. According to Radio Okapi, run by the United Nations Mission in the Congo, Lubanga had ordered every family in the area under his control to help the UPC by contributing money, a cow or a child.

Following the murder of nine MONUC peacekeepers in 25 March 2005, he and other militia leaders were arrested by Congolese authorities and imprisoned in Makala, Kinshasa. However, it remained unclear if he was to be tried by the ICC or a national tribunal. The DRC had acceded to the ICC instrument, which came into effect on 1 July 2002, and requested that ICC Prosecutor Luis Moreno Ocampo investigate the situation in the east of the country in 2004.

On 10 February 2006, the ICC issued an arrest warrant for Lubanga for the war crime of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities". The Congolese national authorities transferred Lubanga to ICC custody on 17 March 2006. While the International Criminal Court's first warrants were issued in July 2005 for the leaders of Uganda's Lord's Resistance Army, Lubanga is the first person to be actually arrested on authority of an ICC warrant. [http://www.alertnet.org/thenews/newsdesk/L18164283.htm Congo suspect to face war crimes charges] , Reuters, 18 March 2006] The first public pre-trial hearing was on 20 March, 2006.

His trial was due to begin on 23 June 2008,International Criminal Court, 13 March 2008. " [http://www.icc-cpi.int/press/pressreleases/348.html The trial in the case of Thomas Lubanga Dyilo will commence on 23 June 2008] ". Accessed 14 April 2008.] but it was halted on 13 June 2008 when the court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.International Criminal Court, 13 June 2008. "PDFlink| [http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1401-ENG.pdf Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008] ". Accessed 17 June 2008.] The Prosecutor had obtained the evidence from the United Nations and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". On 2 July 2008, the Court ordered Lubanga's release;International Criminal Court, 16 June 2008. " [http://www.icc-cpi.int/press/pressreleases/394.html Trial Chamber I ordered the release of Thomas Lubanga Dyilo - Implementation of the decision is pending] ". Accessed 2 July 2008.] however, he remains in custody pending the outcome of an appeal by the prosecution.

ee also

Ituri conflict

References and notes

External links

* [http://www.icc-cpi.int/cases/RDC.html ICC official documents] related to Lubanga's arrest and trial
* [http://www.haguejusticeportal.net/eCache/DEF/8/156.html Hague Justice Portal: Thomas Lubanga Dyilo]
* [http://www.irinnews.org/print.asp?ReportID=36263 Interview with Thomas Lubanga] , IRIN, 29 August 2003
* [http://www.trial-ch.org/trialwatch/profiles/en/facts/p294.html Thomas Lubanga] , Trial Watch, 1 May 2005
* [http://www.icc-cpi.int/press/pressreleases/132.html First arrest for the International Criminal Court] , ICC press release, 17 March 2006
* [http://news.bbc.co.uk/2/hi/africa/4815966.stm DR Congo rebel faces Hague trial] , BBC News, 17 March 2006
* [http://irinnews.org/report.asp?ReportID=57250 "DRC: Opinion split in Ituri over rebel's indictment"] , "IRIN", 30 January 2007
* [http://www.presidentrdc.cd/thomaslubanga.html Arrest Pictures

Persondata
NAME=Thomas Lubanga
ALTERNATIVE NAMES=Thomas Lubanga Dyilo
SHORT DESCRIPTION=Militia leader, indicted by the International Criminal Court for war crimes
DATE OF BIRTH=29 December 1960
PLACE OF BIRTH=Djiba, Ituri Province, Democratic Republic of the Congo
DATE OF DEATH=
PLACE OF DEATH=