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Prosecutor v. Lubanga (Decision on Sentence Pursuant to Article 76 of the Statute)

Case No. ICC-01/04-01/06 (2012)

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Prosecutor v. Lubanga (Decision on Sentence Pursuant to Article 76 of the Statute)

International Criminal Court
Case No. ICC-01/04-01/06 (2012)

  • Written by Alexander Hager-DeMyer, JD

Facts

Thomas Lubanga Dyilo (Lubanga) (defendant) was president of the Union des Patriotes Congolais/Reconciliation et Paix (UPC/RP) political party for the Congolese district of Ituri. Armed conflict erupted in Ituri over land allocation and natural-resource appropriations. Lubanga and the UPC/RP raised an armed militia, the Forces Patriotiques pour la Liberation du Congo (FPLC), and Lubanga served as the FPLC’s commander in chief. The FPLC actively recruited significant numbers of children under the age of 15, some of whom were forcibly conscripted into service. Many child soldiers were used by senior officials as bodyguards and escorts. Lubanga and other officials were apprehended and convicted of war crimes by the International Criminal Court (ICC). The specific charges included the enlistment and conscription of child soldiers and the use of child soldiers in active hostilities. After Lubanga’s conviction, the ICC was tasked with determining the sentence Lubanga would receive for his crimes.

Rule of Law

Issue

Holding and Reasoning ()

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International Criminal Law

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