
Congolese warlord Thomas Lubanga, center, awaits his verdict in the courtroom of the International Criminal Court (ICC) in The Hague, Netherlands. Photo by Evert-Jan Daniels/AP
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BY MACKENZIE ISSLER
Host Intro: This month, the International Criminal Court delivered its first decision. It convicted former rebel leader Thomas Lubanga [Lu-BANG-a] of using child soldiers in the Democratic Republic of Congo. Human rights activists hope the decision will deter military leaders from employing this tactic. For decades, as my co-host Mackenzie Issler reports, rebel groups and governments have used child soldiers to fight their wars. Mackenzie Issler reports.
The Mozambique Civil War ended in 1992, after 16 years of fighting. Reporter John Fleming covered the United Nations intervention after the conflict that left about a million dead. Fleming talked to children who had served as soldiers and learned the horrors they faced. (14:5)
Fleming: Sometimes, they would be made to kill family members in the presence of rebels, sometimes they were forced to watch the executions of others that were close to them. (13:5)
That was 20 years ago. But, this practice remains rampant in areas of conflict and instability. Military leaders who used child soldiers have gone mostly unpunished. Fleming is the editor of the Juvenile Justice Information Exchange and continues to cover issues in Africa. He was in Sudan about a year ago and met a family who had been raided by the Lord’s Resistance Army, which is led by Joseph Kony. Kony was the source of the recent viral video Kony 2012.
Fleming: The man and woman managed to escape with their sons, but their daughter was kidnapped and is now still a slave of the Lord’s Resistance Army. So, these things continue to go on. (13:3)
In the March 14th decision, the ICC found Lubanga for recruiting and enlisting boys and girls under the age of 15, which is a violation of international law. He used child soldiers, some as young as 7, in the Ituri district in the Congo during 2002 and 2003.
Geraldine Mattioli-Zeltner, of Human Rights Watch, said the judges’ decision helped clarify what makes someone a child soldier. For example, the judges described the use of child soldiers as a continuous crime. This means the crime starts when a child was enlisted or conscripted and doesn’t end until he or she turns 15 or is released from the armed activities. The judges also examined how the children were enlisted.
Mattioli-Zeltner: In the case of Lubanga, a lot of children were given by their families as an effort to war. A lot of them joined voluntarily. The judges found this factor does not matter. The crime is still committed. (22:1)
Also, children are considered soldiers even when they engage in non-violent activities like scouting, spying and sending messages, the judges said. The verdict did come under some criticism, however, for the way it dealt with the issue of girl soldiers. Lubanga’s group recruited and abducted both boys and girls and evidence presented in the trial showed that often the girls were sexually abused and used as sex slaves. But the judges decided that these gender offenses are separate from the use of child soldiers. And, Human Rights Watch agreed.
Mattioli-Zeltner: We do believe they should stay separate, because the sexual use of children, even though it was very prominent in Congo, is not a feature that exists everywhere in the world.
Human rights activists believe this case could help change legal attitudes and practices throughout the world. Other international courts, like those in Sierra Leone and Rwanda, have tackled similar crimes. But the ICC, an independent institute joined by 120 nations, could have a bigger impact because of its broad mandate and scope. But activists, like the executive director of Child Soldiers International Richard Clarke, say they know there is still long road ahead of them to stop the recruitment of children.
Clarke: I think the Lubanga verdict is an important step toward ending impunity for these crimes. But I will also say, there is some way to go until there is a patent of accountability, until there is effective criminalization of such activity. There is always the risk renewed recruitment and use of child soldiers.
Human rights activists and organizations want to see more people prosecuted for these crimes, like Lubanga’s co-accused, Bosco Ntganda. He is currently a general in the Congo army in Goma, eastern Congo. Joseph Kony, the leader of the Lord’s Resistance Army, and his lieutenant Okot Odhiambo, are also wanted on arrest warrants by the ICC for abducting children and forcing them to participate in hostilities in northern Uganda.
The United Nations estimates tens of thousands of child soldiers are still fighting in conflicts from Africa to Asia and Latin America.
The prosecutor of the ICC said a day after the trial that he will ask for a sentence “close to the maximum” for Lubanga. Under the court’s founding document, the Rome Statute, the maximum sentence available to judges is 30 years or life imprisonment.
A sentencing hearing will be scheduled for later this year. Mackenzie Issler, Columbia Radio News.