After several delays, the trial of Thomas Lubanga Dyilo, a former rebel leader from the Democratic Republic of Congo (DRC) began today at Trial Chamber I of the International Criminal Court (ICC). Lubanga was arrested and transferred to The Hague on 17 March 2006 and was the first ever person to be brought before the ICC. He is charged for war crimes, including conscripting and enlisting child soldiers, in the Ituri region in the north-east of DRC.

Stay on Proceedings

The trial against Lubanga was initially set to take place in July 2008. However, just one week before, judges in the case ordered a stay in the proceedings, ruling that prosecutors had wrongly withheld evidence potentially favourable to Lubanga’s defence. Despite the decision being upheld by the Appeals Chamber, on 18 November 2008 Trial Chamber I decided not to release Lubanga and lifted the stay on proceedings, ruling that the reasons leading to that decision had “fallen away” after the prosecutor had provided the relevant documents.

Other upcoming trials

Thomas Lubanga Dyilo is one of four people currently awaiting trial before ICC. The cases of Germain Katanga, Jean-Pierre Bemba Gombo and Mathieu Ngudjolo Chui remain in the Pre-Trial stage at the ICC.

The ICC was established following the entry into force of the Rome Statute on 1 July 2002. At the moment, twelve people are the subject of an arrest warrant issued by the ICC at the request of the prosecutor for crimes in relation to situations in four countries: Central African Republic, Uganda, Democratic Republic of Congo and Sudan. Last July, the prosecutor of the ICC, Luis Moreno-Ocampo requested the ICC judges to issue an arrest warrant against Omar Hassan Al Bashir, President of the Sudan.

Thomas Lubanga Dyilo
Situation in Democratic Republic of Congo