International Justice Monitor

A project of the Open Society Justice Initiative

Critical Considerations Regarding Reparations in the Thomas Lubanga Case at the ICC

This article is written by Professor Serge Makaya, a professor of law at the University of Kinshasa, Protestant University of Congo, and Catholic University of Congo. Professor Makaya is a lawyer, president of the National Research Center on Transitional Justice, and has served as a legal adviser to the Ministry of Justice and Human Rights. He received his law degeree from Université Aix-Marseille.  The views expressed here do not necessarily represent the views of the Open Society Justice Initiative.

On August 7, 2012, Trial Chamber I of the International Criminal Court (ICC) issued a decision on the reparations due to victims in the case of the prosecutor against Thomas Lubanga Dyilo.

This chamber, having previously noted the insolvency of the convicted … Continue Reading

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Waiting, Waiting, and More Waiting for Reparations in the Lubanga Case

Gaelle Carayon is the Post Conflict Policy Advisor at REDRESS. The views and opinions expressed here do not necessarily reflect the views and opinions of the Open Society Justice Initiative.  

On February 9, 2016,  Trial Chamber II of the International Criminal Court (ICC), which is overseeing the reparation phase in the case of Thomas Lubanga, decided that a draft reparation plan submitted to it by the Trust Fund for Victims (Trust Fund or Fund) in November 2015 was incomplete and cannot be implemented.  The trial chamber requested the Trust Fund to submit the missing information at regular intervals with the final submission due on December 31, 2016. The Trust Fund is now seeking to appeal this order.

This new delay is a severe … Continue Reading

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Judges Decline to Reduce Lubanga’s ICC Term

Appeals judges at the International Criminal Court (ICC) have declined a request to reduce the sentence of Thomas Lubanga, the Congolese militia leader sentenced to a 14-year prison term in 2013. Last month, the court conducted a hearing to review his sentence, including a possible early release.

Judges Silvia Fernández de Gurmendi (presiding), Howard Morrison, and Piotr Hofmański today unanimously decided that it is not appropriate to reduce Lubanga’s sentence at the moment. The next review of Lubanga’s sentence will be in two years.

Although the judges found that there was a prospect for Lubanga’s resocialization and successful resettlement in the Democratic Republic of Congo (DRC), they nevertheless concluded that a reduction of his sentence could not be justified in the absence … Continue Reading


Les juges refusent de réduire la peine de M. Lubanga prononcée par la CPI

Les juges de la chambre d’appel de la Cour pénale internationale (CPI) ont rejeté une demande de réduction de la peine de Thomas Lubanga, le chef de milice congolais condamné, en 2013, à une peine de prison de 14 ans. Le mois dernier, la Cour a tenu une audience pour réexaminer sa peine, y compris la possibilité d’une libération anticipée.

Aujourd’hui, les juges Silvia Fernández de Gurmendi (juge présidente), Howard Morrison et Piotr Hofmański ont unanimement décidé qu’il n’y avait pas lieu de réduire la peine de M. Lubanga pour le moment. Le prochain réexamen de la question de la réduction de peine aura lieu dans deux ans.

Bien que les juges aient conclu qu’il existait des perspectives de resocialisation et de réinsertion réussie … Continue Reading

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Reconsidering Lubanga’s Sentence: Views from Ituri

The following commentary was written by Olivia Bueno of the International Refugee Rights Initiative (IRRI), in consultation with Congolese activists. The views and opinions expressed here do not necessarily reflect the views and opinions of IRRI or of the Open Society Justice Initiative.

On August 21, 2015, the International Criminal Court (ICC) heard arguments about whether or not to release Thomas Lubanga, the first person to be convicted by the court. As required under Article 110 of the Rome Statute, the ICC will review Lubanga’s sentence now that two-thirds of it has been served. The prospect of Lubanga’s release has been met with reactions ranging from despair and frustration to satisfaction, depending on who you ask.

As this is the first hearing … Continue Reading

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Lubanga Pleads With ICC Judges for Early Release

Convicted Congolese political leader Thomas Lubanga has pleaded with International Criminal Court (ICC) judges to grant him early release, promising to promote reconciliation and announcing plans to do doctoral studies into the psycho-sociological determinants of conflicts in the Democratic Republic of the Congo (DRC).

Mr. Lubanga made the appeal before a panel of judges that will determine whether his 14-year prison sentence can be reduced. He states that throughout the 12 years he has been in detention, first in the DRC and then at the ICC, his thoughts have been with the people of the Ituri district, with whom he said he endured a painful history, beginning with a massacre in 1999.

“I offer my sincere apologies for all victims for the … Continue Reading

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Judge Fernández to Stay on Lubanga ICC Sentence Review Panel

The Presidency of the International Criminal Court (ICC) has dismissed a defense application for the disqualification of Judge Silvia Fernández de Gurmendi from presiding over the upcoming review of Thomas Lubanga’s the prison sentence. The majority of a 15-judge plenary found that the functions Judge Fernández earlier performed in the Office of the Prosecutor (OTP) were “irrelevant” to the proceedings to determine whether Mr. Lubanga’s 14-year jail sentence should be reduced.

In an August 3, 2015 decision, the judges determined that the functions performed by Judge Fernández when she was employed by the OTP appeared to have been strategic, high-level, and “relatively removed” from the details of the case against Mr. Lubanga. “There might be circumstances where Judge Fernández’s prior functions … Continue Reading

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Will ICC Judges Grant Lubanga Early Release?

On August 21, 2015, the International Criminal Court (ICC) will hear arguments about whether to grant Thomas Lubanga early release from imprisonment. In March 2012, Trial Chamber judges found Lubanga guilty of the enlistment, conscription, and use of children under the age of 15 for combat purposes during the conflict in the Ituri region of the Democratic Republic of the Congo (DRC). He was sentenced to a total of 14 years of imprisonment. Both his conviction and sentence were upheld on appeal in December 2014.

A three-judge panel of the Appeals Chamber will decide whether Lubanga must serve his full sentence or if he can return to DRC after completing two-thirds of his sentence. Lubanga, the former leader of the Union … Continue Reading

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Defense Pleads for Lubanga’s Early Release; Victims’ Lawyers Disagree

Thomas Lubanga’s lawyers recently sought his early release from International Criminal Court (ICC) detention, arguing that, if released, the former leader of the Union of Congolese Patriots (UPC) would contribute to peace and reconciliation in Congo’s restive Ituri district. However, lawyers representing victims responded that conditions to support his early release are lacking, partly because Mr. Lubanga has continued to deny the crimes for which he was convicted.

Catherine Mabille, the lead defense lawyer, said Mr. Lubanga wants to relocate with his family to Kisangani, 800 kms from Bunia, where the crimes he was convicted of were committed. Lubanga plans to enroll at his alma mater, Kisangani University, for post-graduate studies in psychology, his lawyers stated. In annexures to the defense … Continue Reading

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Lubanga Sentence Review Postponed to August

The hearing to determine whether Thomas Lubanga’s 14-year prison sentence can be reduced will not be conducted tomorrow as had earlier been scheduled. It will instead be held on Friday, August 21, at 9:30 AM local time in The Hague.

According to a July 8 rescheduling order, the postponement is to allow the presidency of the International Criminal Court (ICC) to consider an application by defense lawyers for the disqualification of Judge Silvia Fernández de Gurmendi from the Appeals Chamber handling the review. A plenary session of judges was scheduled to convene today to consider the defense application,

As of tomorrow, Mr. Lubanga will have served two-thirds of the prison sentence handed him in March 2012.  At the time of sentencing, he … Continue Reading

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