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Monday 13 February RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online
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International Criminal Court: Lubanga's defence case delayed

Published on : 7 January 2010 - 3:25pm | By International Justice Desk
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Trial of Thomas Lubanga Dyilo

Thomas Lubanga Dyilo at the International Criminal Court (ICC)

Thomas Lubanga Dyilo:

Alleged founder of Union des Patriotes Congolais (UPC) and the Forces patriotiques pour la libération du Congo(FPLC); Alleged former Commander-in-Chief of the FPLC, since September 2002 and at least until the end of 2003. Alleged president of the UPC.

Charges:

  1. Enlisting and conscripting of children under the age of 15 years into the FPLC and using them to participate actively in hostilities in the context of an international armed conflict from early September 2002 to 2 June 2003.
  2. Enlisting and conscripting children under the age of 15 years into the FPLC and using them to participate actively in hostilities in the context of an armed conflict not of an international character from 2 June 2003 to 13 August 2003.

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The defence of Congolese warlord Thomas Lubanga Dyilo, charged with war crimes, was delayed in the International Criminal Court (ICC) Thursday for further expert testimony on his alleged use of child troops.

Instead of starting to hear evidence in Lubanga's defence, as the court had announced would happen, judge Adrian Fulford called Radhika Coomaraswamy, Special Representative of the UN Secretary General for children in armed conflict.

Coomaraswamy told the court it was "particularly abusive" to use children as soldiers because they had an under-developed notion of death.

"The lack of the concept of death makes them fearless in battle, often thinking of it as a game and rushing straight into the line of fire," she said.

"For this reason ... it is particularly abusive to utilise children."

Lubanga (49) went on trial a year ago charged with war crimes for using children under the age of 15 to fight for his militia during the 1997-2002 civil war in the Democratic Republic of Congo.
He pleaded not guilty.

Prosecutors allege he was driven by a desire to maintain and expand his control over the Congo's eastern Ituri region, one of the world's most lucrative gold-mining areas, where rights groups say inter-ethnic fighting has claimed 60,000 lives over the last decade.

To this end, Lubanga's militia allegedly abducted children as young as 11 from their homes, schools and football fields and took them to military training camps where they were beaten and drugged. The girls among them were said to be used as sex slaves.

The child soldiers were allegedly deployed in combat between September 2002 and August 2003.
The prosecution wound up its case on July 14 after calling 28 witnesses, including former child soldiers, over 74 days of hearings.

After Coomaraswamy's evidence, the court is set to hear from another expert and three victims, including two alleged former child soldiers, before the start of the defence case on an unannounced date.

(Source: AFP)

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From the former Yugoslavia to Rwanda, Cambodia and Lebanon, Radio Netherlands Worldwide reports on international justice. We offer background news and reporting on war crimes, human rights abuses and genocide.

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