VIII. THE INTERNATIONAL CRIMINAL COURT
One of the most significant trials before the International Criminal Court was the trial of Thomas Lubanga. Thomas Lubanga was the first person arrested under a warrant from the International Criminal Court. Thomas Lubanga led a rebel force called the Forces Patriotiques pour la Liberation du Congo during an ethnic conflict. He is the first person to be tried under the Rome Statute of the International Criminal Court for conscription,, enlistment and use of child soldiers. There were many problems that the prosecution faced during his trial. For instance there were many instances, that children voluntarily joined the Forces Patriotiques pour la Liberation du Congo in order, to take revenge against killers
In addition to the recruitment of children, Katanga was charged with five other war crimes which are (i) willful killing, (ii) inhuman or cruel treatment, (iii) direct in attacks against civilians (iv) pillaging and (v) three counts of crimes against humanity, as well as murder, inhumane acts and sexual slavery. He surrendered the in Court was transferred to a detention centre in Hague. His trial commenced in November
This chapter examines the issues that arise while prosecuting the recruiter and the problems that are faced during trial.
The Legal Framework
As stated, many Statutes and Conventions prohibit the recruitment of children below fifteen in armed groups for the purposes of child soldiery. The creation of the International Criminal Court and the Special Court of Sierra Leone gave the prosecutors jurisdiction to apply criminal sanctions against child recruiters. Under the Rome Statute of the International Criminal Court, Article 8 (2)(b)(xxvi) states that the conscription and enlistment of children in armed groups is itself a war crime.
The Special Court for Sierra