On July 10th, 2012 the International Criminal Court (or ICC) delivered a verdict to Congolese warlord Thomas Lubanga. He was sentenced to 14 years in prison for recruiting child soldiers into his rebel army between 2002 and 2003. Many people are proud that justice is being delivered on behalf of the hundreds of children abused by Lubanga, the thousands killed, and the hundreds of thousands left without a home.

Lubanga was the head of the Union of Congolese Patriots, a military group which was active in the Ituri region of the Democratic Republic of Congo from 1999 to 2003. Lubanga was a part of the Hema community, carrying out violent fighting against the Lendu people. He was known to go from door to door asking for donations to support his efforts, collecting money, livestock, and even young boys to fight in his army.

During the Congolese peace process, Lubanga’s actions were ignored, leading the European Union to send their own troops to take care of the warlord. He was arrested by UN peacekeepers in March of 2005, ultimately sent to The Hague the next year. As he boarded the plane taking him to the Netherlands, Lubanga reportedly cried, worrying he would never see the Congo again.

Many people wonder why Lubanga’s trial took so long, especially considering he was detained in 2005. His trial was set to begin in 2008 but the court ruled that he would not obtain a fair hearing if it was conducted at that time because the prosecution had withheld some of their evidence. New appeals were filed in 2009, and the case was postponed once more in 2010 after the prosecution refused to name the ‘intermediaries’ they had used to gather evidence. The trial was finally resumed in August of 2011. A lot of blame has been placed on former prosecutor Luis Moreno-Ocampo for failing to show evidence in support of his claims as well as failing to prosecute Lubanga on rape and sexual abuse charges.

An interesting twist in the Lubanga case is that he had once told a UN mission that ‘What is important is to judge each group on its actions. Those who have committed genocide or massacres have to be punished.’ Of course, in making that statement he was referring to other militia groups.

In June 2011, the prosecution asked for a more severe sentence of 30 years, taking into account every child who was recruited and psychologically, sexually, as well as physically damaged. Frank Mulenda, a legal representative of 140 victims, stated that this sentence was apt because a ‘public revenge’ is necessary when victims cannot seek retribution individually.

The prosecution was willing to reduce Lubanga’s sentence to 20 years if he offered a ‘genuine apology’ to the victim of his crimes, an action which he did not take. Presiding Judge Adrian Fulford gave three sentences to Lubanga: 13 years for conscripting child soldiers, 12 years for enlisting them, and 14 years for using them, but the sentences are to be carried out simultaneously. Since he had been detained since March of 2006, that period of time is to be deducted from the sentence.

A dissenting judge by the name of Odio Benito issued an opinion stating that the sentence should have been at least 15 years. However, Judge Fulford, along with many international human rights organizations, have stated that the sentence gives a message, or perhaps a warning, to other individuals considering the use of children in military conflicts. Although there is disagreement regarding the perceived severity of the punishment, there is one thing most people agree on: that the trial and sentencing of Thomas Lubanga illustrates that war criminals will ultimately be held accountable for their actions.

For more information:

Thomas Lubanga biography: http://en.wikipedia.org/wiki/Thomas_Lubanga_Dyilo

ICC profile of Lubanga (including court transcripts): http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200106/democratic%20republic%20of%20the%20congo?lan=en-GB