WUNRN
Women's
Initiatives for Gender Justice
FIRST INTERNATIONAL CRIMINAL COURT TRIAL JUDGMENT - GENDER ANALYSIS &
SIGNIFICANCE - GIRL SOLDIERS +
Today, Trial Chamber I issued the first ever trial
judgement of the International Criminal Court (ICC), in the case against Thomas
Lubanga Dyilo (Lubanga). This is the first time a Trial Chamber of the ICC has
issued a judgement on the guilt or innocence of the accused. The Trial Chamber
convicted Lubanga of the war crimes of conscripting and enlisting children
under the age of 15 and using them to participate actively in hostilities from
1 September 2002 to 13 August 2003. The case involved two stays of proceedings,
an adjournment, 67 witnesses and the participation of 129 victims.
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"The conviction today is very important in
demonstrating that no-one is beyond the reach of the law and that militia
leaders operating in remote areas can be held accountable. This is important
for the people of Ituri, for eastern DRC and for all war-torn countries
especially those conflict zones involving child soldiers," said Brigid
Inder, Executive Director of the Women's Initiatives for Gender Justice.
"The Lubanga trial is the first international
criminal trial ever held on the conflict in eastern DRC, and also one of the
few international criminal cases in history to charge and convict an individual
with acts of enlistment and conscription of child soldiers," Inder said.
"This case has involved six years
of work for the Women’s Initiatives and our partners including a filing to the
Judges regarding the exclusion of sexual violence charges, girl soldiers and
the impact of the limited charges on victims participation issues; the
submission of a dossier to the Office of the Prosecutor in 2006 including
interviews with 31 victims/survivors of gender-based crimes allegedly committed
by Lubanga's UPC militia group; the relocation of several women's human rights
defenders in Ituri due to threats to their safety as a result of their
local advocacy for victims and accountability; and support for victim
participants and their legal representatives to ensure the gender dimensions
and experiences of former girl soldiers were recognised in the public record of
this case," Brigid Inder said.
"It's a good day for the brave victims and witnesses
involved in this case and an important milestone for the ICC in securing its
first conviction," said Inder.
"It is too early to be able to digest the entire
judgement and the separate and dissenting opinions. We will carefully read and
review the full text and publish our analysis shortly," said Brigid Inder.
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Despite evidence of rape and other forms of sexual
violence having been committed by Lubanga’s troops, and no charges of
gender-based crimes brought by the ICC Prosecutor, at least 15 prosecution
witnesses spoke about sexual violence during their testimony. These crimes were
also referenced by the victims' legal representatives, especially those
representing former girl soldiers.
"In the absence of explicit charges for gender-based
crimes, we hope the decision or one of the separate or dissenting opinions will
recognise the gender dimensions of enlistment, conscription and the forced
participation of children in hostilities. The acts of sexual violence were
integral components of the crimes for which the accused has been
convicted," said Brigid Inder.
"The judges' decision today provides justice for
children abducted, abused, and forced to fight by the UPC, and it may also
deepen our collective understanding of the terror and impact on children, boys
and girls, who are forced to participate in armed conflicts."
For more information about this case please see: