ICC declares Lubanga guilty of recruiting child soldiers

Lubanga, 52, unlike Kenyans who are facing crimes against humanity, was convicted for war crimes. Among those who showed up to listen to the verdict was Hollywood movie star, Angelina Jolie.

Lubanga has requested the Trial Chamber to hold a separate sentencing hearing under Article 76(2) of the Rome Statute. But the sentence will not be given anytime before May.

The prosecution and the defence have been given time to exchange submission up to April 18, after which the court will set the date for sentencing.

For any of the four categories of the crimes under the Rome Statute – genocide, crimes against humanity, war crimes and crime of aggression – the court can impose an imprisonment term not exceeding 30 years or a life imprisonment when justified by extreme gravity of the crime and individual circumstances of the convict.

The court can, in addition, impose a fine and order forfeiture of any proceeds, property or assets directly or indirectly derived from the crime. This must be a matter weighing heavily on the minds of the Kenyan suspects if they are committed to full trial and eventually sentenced.

So far 15 cases in seven situations have been brought before ICC. Four of them with 10 suspects have reached the trial stage.

Wednesday’s judgment by three judges – Adrian Fulford (presiding judge), Judge Elizabeth Odio Benito, and Judge RenÈ Blattmann – will provide the Kenyan suspects with the vital spots on which to tackle the prosecution’s case, should they go to trial.

Test trial

Lubanga’s case, which began in 2006 after being referred to ICC by DRC President Joseph Kabila, has been the test trial for the ICC itself. It was the first to get to trial stage since the court was established in 2002.

Lubanga was found guilty of conscripting and enlisting children under the age of 15, and using them to participate in hostilities.

All the judges made the unanimous verdict, but each of them wrote an additional opinion agreeing or dissenting on particular legal issues.

The defence is entitled to appeal the conviction within 30 days of receiving the French translation of the judgement.