Thomas Lubanga

Thomas Lubanga DyiloThomas Lubanga Dyilo was the founder and president of the Union des patriotes congolais (UPC) and the founder and Commander-in-Chief of the Forces patriotiques pour la libération du Congo (FPLC). He is charged with war crimes by the International Criminal Court (ICC) on the basis of individual criminal responsibility with enlisting and conscripting children under the age of 15 and using those children to participate actively in hostilities. These crimes were allegedly committed in the Ituri region in the north-east of the Democratic Republic of the Congo (DRC). Thomas Lubanga is the first accused to face trial before the ICC.


Thomas Lubanga was arrested on 19 March 2005 and imprisoned in Kinshasa, DRC.

On 20 March 2006, Mr Lubanga made his initial appearance before the ICC.

On Monday 16 June, Trial Chamber I at the International Criminal Court imposed a stay on proceedings, which was subsequently lifted 18 November 2008.

After several delays, the trial began on the 26 January 2009 at Trial Chamber I of the ICC.

On 8 July 2010, Trial Chamber I ordered to stay the proceedings because the Court considered that the fair trial of the accused is no longer possible due to non-implementation of the Chamber’s orders by the Prosecution.

On 15 July 2010 Trial Chamber I ordered the release of Mr Lubanga, concluding that there are no longer grounds to keep him in detention.  The enforcement of the decision to release the accused was delayed pending the outcome of a Prosecution appeal.

On 8 October 2010 the Appeals Chamber reversed Trial Chamber I's rulings to stay proceedings and to release Mr Lubanga. The judges ruled that the Trial Chamber had erred by immediately resorting to halting the trial, without first imposing sanctions on the Prosecutor to ensure compliance with its orders. The trial resumed on 25 October 2010.

On 10 December 2010 the defence team submitted an application to dismiss the case on the grounds of abuse of process. Mr Lubanga's lawyers claimed that the Office of the Prosecutor had abused court processes when its intermediaries allegedly bribed and coached witnesses.

On 23 February 2011 Trial Chamber I rejected the defence’s application. The trial is due to recommence on 7 March 2011 with the testimony of the first of ten defence witnesses.  

On 12 April 2011 Trial Chamber I decided the timetable for the closing submissions. The prosecution is to file its closing submission no later than 1 June 2011 while the Defence is to file its closing submissions no later than 15 July 2011.

The following sites provide frequent updates, summaries and commentaries on the progress of the Lubanga Trial:

The Open Society Justice Initiative - The Lubanga Trial at the ICC

The Aegis Trust - The Lubanga Chronicles

 

All cases related to the situation in DRC

ICC orders stay of proceedings in Lubanga trialThe Controversial Actions of the ICC Prosecutor: a Crisis of Maturity?
Research/ Court Documents
Pros. v. T. Lubanga Dyilo: Decision on the participation of victims in the appeal - Dissenting Opinion of Judge Georghios M. Pikis, 29-8-2008Pros. v. T. Lubanga Dyilo: Decision on the participation of victims in the appeal, 6-8-2008Pros. v. T. Lubanga: Decision on consequences of non-disclosure of evidence, 13-6-2008Pros. v. T. Lubanga: Decision on Prosecutor's Application for a warrant of arrest, 10-2-2006Pros. v. T. Lubanga: Decision on the confirmation of charges, 29-1-2007Pros. v. T. Lubanga: Decision on the Prosecution's Application to Lift the Stay (Redacted), 3-9-2008Pros. v. T. Lubanga: Decision on the Prosecution's Application for Leave to Appeal, 2-07-2008Pros. v. T. Lubanga: Decision on the release of Thomas Lubanga Dyilo, 2-07-2008Pros. v. T. Lubanga: Decision to Unseal the Warant of Arrest, 17-3-2006Pros. v. T. Lubanga: Document Containing the Charges, 28-8-2006Pros. v. T. Lubanga: Judgement on appeal of Lubanga against Decision of Trial Chamber I of 14 July (Legal characterisation of the facts), 08-12-2009Pros. v. T. Lubanga: Judgment of Appeal of Decision to Stay Proceedings, 8-10-2010Pros. v. T. Lubanga: Judgment on the appeal against the decision on the consequences of non-disclosure of exculpatory materials, 21-10-2008Pros. v. T. Lubanga: Judgment on the appeal against the decision on the release of Thomas Lubanba, 21-10-2008Pros. v. T. Lubanga: Judgment on the appeal against the Oral Decision of 18 January 2008, 11-7-2008Pros. v. T. Lubanga: Judgment on the appeals against Decision on Victims' Participation of 18-1-2008, 11-7-2008Pros. v. T. Lubanga: Order Scheduling the First Appearance, 17-3-2006Pros. v. T. Lubanga: Redacted Decision on the Time-Limit to Disclose the Identity of Intermediary 143, 8-07-2010Pros. v. T. Lubanga: Submission of the Document Containing the Charges, 28-8-2006Pros. v. T. Lubanga: Trial Chamber I Decision on legal characterisation of facts, 14-7-2009Pros. v. T. Lubanga: Warrant of arrest, 10-2-2006
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Press Release: 23.02.2011


ICC Trial Chamber I rejects Thomas Lubanga Dyilo’s application for a stay of the proceedings

ICC-CPI-20110223-PR630


Situation: Democratic Republic of the Congo
Case: The Prosecutor v. Thomas Lubanga Dyilo

Today, 23 February 2011, Trial Chamber I of the International Criminal Court (ICC) issued a confidential written decision in which the Chamber refuses Thomas Lubanga Dyilo’s Defence application to stay the proceedings as an abuse of the process.

A public version of the decision will be issued in the near future and will be available on the ICC website.

Thomas Lubanga Dyilo is accused of having committed, as co-perpetrator, war crimes of enlisting and conscripting children under the age of 15 years into the Forces patriotiques pour la libération du Congo (Patriotic Forces for the Liberation of Congo) (FPLC), and using them to participate actively in hostilities in Ituri, a district of the eastern province of the Democratic Republic of the Congo (DRC), between September 2002 and August 2003.

For further information, please contact Fadi El Abdallah, Associate Legal Outreach Officer, by telephone at: +31 (0)70 515-9152 or by e-mail at: fadi.el-abdallah@icc-cpi.int.

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