The International Criminal Court (ICC) today issued its first appellate decision in the case against Thomas Lubanga, upholding his conviction and sentence for war crimes relating to child soldiers. However, a strong dissent was issued by Judge Anita Ušacka, who stated that she would have reversed the conviction and acquitted Mr. Lubanga, vacating his sentence.
The majority appellate decision relied upon the law regulating appeals to find that the trial chamber overall had not acted beyond the limits of its discretion. The appeals judges found that the trial chamber’s conviction and sentence were within the bounds of a reasonable arbiter of fact. The appeals judges also affirmed that the accused charged as a co-perpetrator need not “personally directly” commit the alleged … Continue Reading