Friday
March 16, 2012
March 16, 2012
News
By ERIC SHIMOLI eshimoli@ke.nationmedia.com AND OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Wednesday, March 14 2012 at 22:30
Posted Wednesday, March 14 2012 at 22:30
In Summary
- Man now faces life or as many as 30 years in jail and the loss of his fortune for using children in his army
Congolese militia boss Thomas Lubanga on Wednesday became the first person to be convicted by the International Criminal Court after he was found guilty of war crimes for using children in his rebel army.
It is the first conviction in the ICC’s 10-year history.
Four Kenyans — Deputy Prime minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and radio presenter Joshua Sang — are awaiting trial at the same court.
Lubanga, who has been in custody for six years, now faces the prospect of life in prison, if the judges decide that his crimes were so severe as to warrant the maximum penalty.
Alternatively, the judges could hand him the lesser penalty, up to 30 years imprisonment, if his actions are not deemed to have been of extreme gravity.
The ICC system, unlike, say Kenya’s legal system, allows such variations in sentencing. Lubanga also faces the prospect of financial ruin as the court will make another ruling on compensating victims of his crimes.
Considered a wealthy man whose militia controlled land, timber and mineral resources, Lubanga’s property in Belgium and the Democratic Republic of Congo was traced by the ICC.
The ICC has powers to force suspects to pay either individual or groups of victims compensation.
The compensation can be in the form of direct payments, construction of community facilities such as a hospital or place of worship.
Perpetrators of crimes can also be made to apologise to victims during direct meetings.
Lubanga, 51, was found guilty of enlisting child soldiers to fight for his militia in a gold-rich region during the bloody four-year war in the Democratic Republic of Congo which ended in 2003.
He will now wait until late next month to know his sentence, following his request that the Chamber holds a separate sentencing hearing.
According to the Rome Statutes, the convict will be subjected to a term not exceeding 30 years, or life imprisonment.
The law also allows Lubanga to appeal Wednesday’s decision within 30 days after receiving the French translation of the ruling.
The ICC judges will also, after April 18, determine what kind of compensation will be awarded to the victims and whether it is Mr Lubanga who will pay or the ICC.
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