The International Criminal Court in The Hague can officially hear its first case. Judge Claude Jorda has announced that there is enough evidence to try Thomas Lubanga Dyilo, the former leader of the Union of Congolese Patriots (UPC), who stands accused of three war crimes: recruiting child soldiers; conscripting children and making them take part in fighting in the Democratic Republic of Congo (DRC) between 1998 and 2003. Mr Lubanga, who has been in custody in the Netherlands since March, denies all the charges.
Unmoved
Mr Lubanga (46) was present in court and seemed unmoved as he listened to French judge Claude Jorda read out the decision. The judge said there were substantial reasons to believe Mr Lubanga guilty of recruiting child soldiers. The court's chief prosecutor Luis Moreno Ocampo says the accused "trained children as young as 10 to kill and be killed".
The founder and leader of the UPC civilian militia is held responsible for a "large number" of children being made to fight against the ethnic Lendu community in the DRC. At the height of the fighting in Congo, about 30,000 people are said to have been involved in the conflict. The United Nations says there are still about 300,000 child soldiers worldwide.
Between 1998 and 2003, the Democratic Republic of Congo was the scene of fighting between rebels, local warlords and soldiers from neighbouring countries, all vying for a share in Congo's rich natural resources. About four million people are estimated to have died in the conflict, most of them as a result of hunger and disease.
Victims
Victims of Mr Lubanga's suspected crimes will be allowed to address the court and question witnesses. They will also be eligible for compensation if the defendant is found guilty. Human rights organisations say Mr Lubanga should be indicted for many more war crimes including murder, rape and torture. "If he's found guilty of recruiting child soldiers, his other suspected crimes should be investigated", says Mariana Goetz of Redress, an international organisation for justice and reparation for torture victims.
Disappointed
Mr Lubanga's counsel, the Belgian lawyer, Jean Flamme, said he was disappointed by the ICC's decision to prosecute. He is convinced of his client's innocence, but says there is no real opportunity to make a strong case for the defence. He complains that he has too little time and too few staff. Mr Flamme is considering lodging an appeal against the decision to prosecute. An ICC spokesman says such an appeal can only be launched with permission from the court's panel of examining judges. The defence has been given five days in which to make a request.
Deputy chief prosecutor Fatou Bensouda says she is very satisfied with the ICC's important decision. She is confident Mr Lubanga's trial will lead to a sentence. A date for the trial has not yet been announced.
* RNW Internet translation (mw)
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