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Prosecutor v. Lubanga (Judgment on the Appeals of the Prosecutor and the Defence against Trial Chamber I's Decision on Victims' Participation of 18 January 2008)

Case No. ICC-01/04-01/06-2843 (2008)

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Prosecutor v. Lubanga (Judgment on the Appeals of the Prosecutor and the Defence against Trial Chamber I’s Decision on Victims’ Participation of 18 January 2008)

International Criminal Court
Case No. ICC-01/04-01/06-2843 (2008)

  • Written by Alexander Hager-DeMyer, JD

Facts

Thomas Lubanga Dyilo (Lubanga) (defendant) served as the commander in chief of an armed force in the Congolese province of Ituri that actively recruited, enlisted, and conscripted child soldiers under the age of 15. Lubanga was arrested on charges of war crimes and tried by the International Criminal Court (ICC). During the trial, the ICC’s appeals chamber addressed trial-chamber rulings on the definition of victims and what rights victims had during the international criminal proceedings. The issues on appeal included whether (1) a victim suffered personal and direct harm, (2) a victim’s alleged harm had to be linked to the accused person’s charges, and (3) victims could lead evidence at trial or make admissibility and relevance challenges.

Rule of Law

Issue

Holding and Reasoning (Pillay, J.)

Concurrence/Dissent (Pikis, J.)

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Casebooks

International Criminal Law

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