Child Soldier Relief

Information, research, news, resources for and about child soldiers

February 5, 2010 • 10:44 am 0

Lubanga Trial: January in Review

With the resumption of the Lubanga Trial at the ICC, CSR Director of Research Projects Kate Davey will once again be following the trial closely with summaries, analysis and interviews. The following is a summary of trial activity for the month of January.

On January 7…

Thomas Lubanga’s trial resumed with the testimony of Radhika Coomaraswamy, the UN Under-Secretary-General, Special Representative for Children and Armed Conflict, who appeared as an expert witness. Coomaraswamy requested justice for girl child soldiers “regardless of whether or not they took part in direct combat in armed conflict.”

Lead defense lawyer, Catherine Mabille, expressed concern to the Court on January 8 that Lubanga’s case could be weakened as their witnesses may not be able to appear in the order the defense has listed due to passport difficulties.

On January 12…

a witness, whose face and voice was distorted so as to be protected during his testimony, explained that he wanted to testify to tell the Court of the “murders, killings, sexual slavery, and sexual violence” by Union of Congolese Patriots (UPC) soldiers in his village. He also requested his village receive reparations for the harm they experienced by Lubanga’s soldiers. This witness is the first of three participating witnesses in the trial to offer testimony and be questioned by his lawyer.

The defense asked the unnamed witness on Tuesday, January 13, how he knew that it was UPC soldiers that attacked his school, conscripted his students and attacked him.

A second participating victim, a former child soldier, testified on January 14 and 15 describing his abduction, the first battle he took part in, in which his friends “died like flies” and how he was tortured by Union of Congolese Patriots while at their camp.

On January 19…

the defense questioned the second victim, who testified at Court last week, about his abduction by the UPC.

The third participating witness in trial, a former child soldier, told the Court that he knew it was UPC soldiers that abducted him by their uniforms. He also told the Court that he had escaped from the UPC during a battle at Mongwalu because he was afraid he would be killed.

On January 27…

the defense opened its case with Catherine Mabille, Lubanga’s lead lawyer, stating the defense will show that the testimonies of the child soldiers brought forth by the prosecution were false and that the defense will request the case be discontinued. “In particular we intend to demonstrate that all the individuals who were presented as child soldiers as well as their parents in some cases deliberately lied before this court. The defense intend to show that six of them were never child soldiers, the seventh lied about his age and the conditions in which he enrolled, and the eighth never belonged to the UPC,” Mabille said. The defense called its first witness, who spent most of his testimony in closed session.

The defense’s first witness testified on January 28, that his son had never been in an army and had not been a child soldier in the UPC even though an unnamed organization had been presenting the boy as a child soldier. It is not known if the aforementioned child was a witness for the prosecution.

This post was created by Kate Davey through sourcing from the reporting of Wairagala Wakabi for lubangatrial .org

Filed under: Congo, Lubanga Trial , child soldier, Congo, court, Lubanga, War

January 2, 2010 • 2:04 pm 0

Lubanga Trial to Resume January 7

After a delay of more than five months, the International Criminal Court will resume the trial of Thomas Lubanga Dyilo next week. The defense will present its case against the original charges of enlisting, conscripting and using child soldiers under the age of 15; significantly, in early December LubangaTrial.org noted, “appeals judges reversed a July decision that could have paved the way for charges of sexual slavery and cruel and inhumane treatment to be added to the indictment.” Presiding judge Adrian Fulford emphasized that there would be no further delays to the trial. Also, on December 15, 2009, the court released the:

Redacted Decision on the “Prosecution’s Request for Lifting of Redactions to the Identity of One Individual providing Rule 77 Information and Request for Redactions further to Article 54(3)(f) and Rules 81(2) and 81(4)” and “Prosecution’s application for variation in the protective measures concerning witness 44 and witness 101″ of 24 July 2009. (see icc-cpi.int for more information.)

Prosecution rested its case on July 14.

Filed under: Congo, Intl Criminal Ct, Lubanga Trial , child soldier, Sierra Leone, War

October 13, 2009 • 9:38 am 0

Lubanga Trial Delayed

On October 2, 2009 the Trial Chamber I issued the Decision “adjourning the evidence in the case and consideration of Regulation 55,” which means the trial will be delayed. Regulation 55(2) ensures that the accused has adequate time and resources to prepare for the case against him or her.

Specifically, the Chamber wrote, “Thomas Lubanga Dyilo should know whether or not the legal characterisation of the facts may be subject to change, so as to include the elements of sexual slavery, inhuman treatment and cruel treatment. Additionally, he is entitled to know whether or not any potential modification of the legal characterisation of the facts is to be limited by the facts and circumstances contained in the charges.” Citing these concerns, the Chamber delayed the case until the Appeal Chamber “resolve[s] this appeal.”

Filed under: Congo, Lubanga Trial

July 21, 2009 • 12:07 pm 0

Lubanga Trial: Week 23 in Review – PROSECUTION REST ITS CASE

On Monday the trial resumed with the testimony of Christine Peduto, a child protection specialist for the United Nations Mission in the Democratic Republic of the Congo, who told the Court that Lubanga kidnapped a child and forced him into the UPC. In her interview with the child, Peduto explained that the child told her he was kidnapped in February 2003 by six soldiers and Lubanga while he was walking on a road. Peduto also told the Court she had no reason to question the child’s credibility.

On Tuesday, July 14, the prosecution rested its case against Lubanga; their case included 30 witnesses over a period of five months. On the last day of trial, Peduto was asked by the Judges to clarify some of her statements in her testimony: Judge Elizabeth Odio Benito asked Peduto to explain the difference between “children associated with armed groups” and the term “child soldiers.”

“‘Child soldier’ is a bit restrictive. We prefer to use ‘children associated with armed groups’, which reflects a broader reality…[because] we are not only talking about combatants who carry weapons. Children were used as informers, for logistical activities, as drivers, bodyguards, and children were subjected to sexual abuse,” Peduto explained.

In addition, a witness for the prosecutionwas cross-examined by the defense in a closed session after Peduto testified.

The defense is expected to start their case in October.

This post was created by Kate Davey through sourcing from the reporting of Rachel Irwin for lubangatrial.org

Filed under: Congo, Intl Criminal Ct, Lubanga Trial , child soldier, court, ICC, law, Lubanga, war crimes

July 13, 2009 • 1:15 pm 0

Lubanga Trial: Week 22 in Review – TESTIMONY OF U.N. PEDUTO ON GIRL SOLDIERS

On Tuesday, the trial resumed with the testimony of Christine Peduto, a former United Nations Mission to the Congo (MONUC) employee who ran the child protection office in Bunia. Peduto told the Court she worked with child soldiers who had been demobilized.

“I would ask them numerous questions, as much as the children were willing to answer,” Peduto explained. “It was important to identify the date they were recruited, who provided the child with training, which battles they participated in and the last commander under whose orders the child had served.” She further stated that of the 220 former child soldiers the Bunia office processed, 167 had been associated with the UPC.

Child Soldier 3 111 by cyclopsr.

Endre Vestvik, CRN/Hope In Action – A former child soldier in DR Congo.

Peduto continued her testimony on Wednesday and explained that in determining a child’s age she would evaluate their behavior as older children generally didn’t cry when she would interview them, but younger children would. She told the Court of her meeting with two young boys, “They were so very afraid and frightened,” she said. “I remember holding the hand of the younger child to cross the street with him. He was so small…they [had been] with the UPC [Union of Congolese Patriots].”

On Friday, Christine Peduto told the Court that on May 30, 2003 she met with Lubanga at his home in the town of Bunia. “Contrary to the reaction of other armed groups I had previously met with, there was no indication [on Lubanga's part] of any willingness to cooperate,” Peduto said. “There was no sign of open-mindedness or any willingness to actually discuss the matter.”

Peduto further testified that of the former girl child soldiers she had interviwed, only a few of them had not been raped by commanders. Many of the girls, Peduto stated, thought that this was a marriage until they were raped by other commanders. “It dawned on them that it wasn’t a legitimate relationship with the first officer,” she said. “The [psychological and physical] state of the young girls was quite terrible, quite catastrophic.”

The trial will resume on Monday.

This post was created by Kate Davey through sourcing from the reporting of Rachel Irwin for lubangatrial.org

Filed under: Congo, Girl Soldiers, Intl Criminal Ct, Lubanga Trial

July 7, 2009 • 9:49 am 0

Lubanga Trial: Week 21 in Review – PROTECTING WITNESSES

The trial resumed on Tuesday, June 30, as the witness, who recanted his testimony in the beginning of the trial and has now offered a new statement, which he says is true, requested that his new statement be kept confidential from the public and Lubanga. Catherine Mabille, Lubanga’s lead attorney, explained to the Court that this would be “impossible” and Judge Adrian Fulford said that while Lubanga would know about the witness’s statement, the Court would “take all necessary steps” to offer protection to the witness and his family.

The Court was closed on Wednesday and resumed on Thursday with the testimony of a witness who told the Court that many girl child soldiers in the UPC were raped by commanders and as a result had very few options if they were able to escape or leave the UPC. The witness continued to explain that because the girls were shamed and rejected by their communities for being raped, when the they would go home, “Most of the girls ended up being prostitutes.”

On Friday a protected witness explained that former child soldiers experience both mental and physical pains after leaving the UPC.

The trial will resume on Tuesday.
This post was created by Kate Davey through sourcing from the reporting of Rachel Irwin for lubangatrial.org

Filed under: Congo, Girl Soldiers, Intl Criminal Ct, Lubanga Trial , child soldier, Congo, law, Lubanga, trial, War