Background

Thomas Lubanga Dyilo is allegedly the founder and former President of Congolese political party the Union des Patriotes Congolais (UPC) and was allegedly the Commander-in-Chief of its military wing, the Forces Patriotiques Pour la Libération du Congo (FPLC) between September 2002 and late 2003.

The FPLC played a key role in the Ituri conflict in the northeast of the Democratic Republic of the Congo (DRC) during this time. The conflict was the result of tensions between two ethnic groups in the region – the Hema and the Lendu – during which an estimated 60,000 people were killed and half a million displaced. The UPC and FPLC purported to represent the Hema ethnic group during the conflict.

Thomas Lubanga Dyilo came under ICC investigation following a referral by the DRC government in March 2004, inviting the ICC to exercise jurisdiction over events there. An arrest warrant for Mr Lubanga was issued by the Pre-Trial Chamber in February 2006 for offences relating to the use of  child soldiers. The DRC authorities surrendered Mr Lubanga to the ICC in March 2006 and he made his initial appearance before the Court shortly thereafter.

The charges against Thomas Lubanga were confirmed by the Pre-Trial Chamber in January 2007 and the case subsequently referred to the Trial Chamber. In June 2008 the Trial Chamber suspended the proceedings against Mr Lubanga, judging that it was impossible to hold a fair trial as the Prosecutor had not disclosed a large amount of potentially exculpatory evidence. The stay was lifted in November 2008 following complete disclosure of the evidence to the Trial Chamber. 

Thomas Lubanga Dyilo is now being tried for the following charges of war crimes:

- Conscripting children into armed groups;

- Enlisting children into armed groups;

- Using children to participate actively in hostilities.

In line with Article 68(3) of the Rome Statute, which affords an opportunity for victims to directly participate in proceedings, the Trial Chamber has granted 93 alleged victims the right to take part in the trial. This is significant in that it marks the first instance in international proceedings that victims are able to play a direct role. These persons will be able to tender evidence and to question witnesses throughout the course of the trial.

Thomas Lubanga will be represented at trial by French lawyer Catherine Mabille.