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Buyangandu outlined the historical context of the conflict and described the ill-treatment of children in the training camps. She noted that children in training camps were beaten and sometimes killed, were given inadequate food, inadequate training and not allowed access to medical care, and that “they raped and they were raped”. She also ex- plained the specific abuse of female child soldiers in the training camps, who – besides receiving the same training and treatment as male child soldiers – were also used as sex slaves. These female child soldiers became pregnant, performed household chores and were used to actively participate in hostilities by means of scouting, looting, killing and fighting.
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Catherine Mabille, Lead Counsel for the Defense, challenged the reliability of the evidence presented against Lubanga, arguing that the existence of the crimes charged against him had not been proven beyond a reasonable doubt. The Lead Counsel questioned how the Chamber could consider crim- inal proceedings requiring proof beyond a reason- able doubt when there had not been investigations to verify the statements made by the individuals called to testify. She also stated that Lubanga had been in detention for five-and-a-half years, and that the proceedings against him had been very long and “characterized … by serious dysfunction”, in- cluding the “exceptional circumstance of the im- position of two stays of proceedings which were imposed as a result of violations or shortcomings occasioned by the Office of the Prosecutor”.
Over the course of 220 hearings, the Chamber heard 36 witnesses called by the Office of the Prosecutor, including three experts, 19 witnesses called by the Defense and three witnesses called by the legal representatives of the victims partici- pating in the proceedings. The Chamber also called four other experts to testify.
The ICC will likely deliver a decision sometime in the coming year.
* Submitted by Bruno Augustin
Golden Gate University School of Law is fully accredited by the American Bar Association (ABA).
ILSA Quarterly » volume 20 » issue 3 » February 2012
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