On 9 November 2006, Pre-trial Chamber I of the International Criminal Court (ICC) began hearing evidence in its first case to determine whether there are grounds to prosecute Thomas Lubanga for war crimes.

The purpose of a ‘Confirmation of Charges’ hearing is to establish whether there is enough evidence to believe that Thomas Lubanga Dyilo committed the crimes for which he is indicted. If the judges confirm the charges, the case will proceed to trial. During the hearing, Lubanga and his counsel, M. Jean Flamme, will have the opportunity to challenge the charges brought against him.

Thomas Lubanga Dyilo is a national of the Democratic Republic of the Congo and he is alleged to be 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 being charged 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.

The case is currently before Pre-trial Chamber I, which is comprised of Judges Jorda (presiding), Kuenyehia and Steiner. They will have 60 days from the last day of the hearing to decide whether the case against Thomas Lubanga Dyilo will proceed for trial. If the charges are confirmed, it will be the first trial before the International Criminal Court.