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7 - The Trial of Thomas Lubanga

from The Congo Trials

Published online by Cambridge University Press:  21 September 2020

Richard Gaskins
Affiliation:
Brandeis University, Massachusetts
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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.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • The Trial of Thomas Lubanga
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 21 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108768504.008
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  • The Trial of Thomas Lubanga
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 21 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108768504.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Trial of Thomas Lubanga
  • Richard Gaskins, Brandeis University, Massachusetts
  • Book: The Congo Trials in the International Criminal Court
  • Online publication: 21 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108768504.008
Available formats
×