Representatives of former child soldiers and prosecutors presented evidence today for the first time in the International Criminal Court's case against Congolese militiaman Thomas Lubanga.
Prosecution lawyer Ekkehard Withopf said Lubanga, the founder and leader of one of the most dangerous militia in the Democratic Republic of Congo's Ituri district, trained children to kill, made them kill and let them be killed.
"We will present evidence that there are substantial grounds to believe that Thomas Lubanga is guilty of the crimes with which he is charged," he said. The ICC was set up as the first permanent global war crimes court in 2002 to try individuals, and Lubanga was the first suspect to be delivered into its custody. Today's confirmation hearing was a necessary procedural step before the case can be brought to trial.
The Court in The Hague will examine the prosecutors' case, based on the cases of six child soldiers, and determine if there is sufficient evidence to go to trial. Those children represent thousands whose voices will not be heard, Luc Walleyn, a legal representative for the victims said adding that "the victims we represent all have in common a shattered youth ... and nights that are haunted by the dead". Walleyn said that the victims looked forward to a trial hoping it will bring an end to impunity.
Lubanga's lawyer Jean Flamme asked for suspension of the confirmation hearing. "We are not ready," he said and accused the prosecution of withholding information necessary to prepare Lubanga's defense. The judge did not immediately rule on that request. The prosecutors' indictment said the children, who often joined the militia because of their desperate need for food or desire to avenge their murdered families, were subject to systematic military training and severe discipline.
Commanders urged them to kill members of the Lendu ethnic group in Ituri without instructing them to differentiate between soldiers and civilians, prosecutors said. The charges against Lubanga, leader of the Union of Congolese Patriots (UPC), an ethnic militia now registered as a political party, relate to the period between July 2002 and December 2003, although the war in the Congo began in 1998.
Up to 30,000 children were associated with the DRC's armed groups during the height of the war, according to estimates.