7 - The Trial of Thomas Lubanga

Summary

The trial of Thomas Lubanga took eight years from the time of Lubanga’s arrival in The Hague. The very first case tested all of the actors involved, as judges struggled to master the statutory gaps in the official rules. Although based on a single criminal charge of using child soldiers in armed conflict, the trial was imperiled by a series of crises, including doubts about the truthfulness of the nine child-soldier witnesses brought by the Prosecution. The role of shadowy “intermediaries” became a focus of concern. The Trial Chamber found itself managing broad flows of evidence, emanating from the Prosecution’s investigations, so that the Defense team had an opportunity to conduct a fair trial. On two occasions, the crises were great enough to threaten the viability of the case. Despite serious questions about the integrity of evidence before the Trial Chamber, Lubanga was convicted and sentenced to fourteen years' detention (of which eight had been served during the trial itself). A final flourish for the Trial Chamber was the creation of a victim-reparations regime, which took an additional seven years post-conviction.