INTRODUCTORY NOTE TO THE INTERNATIONAL CRIMINAL COURT: PROSECUTOR V. THOMAS LUBANGA DYILO, JUDGMENT PURSUANT TO ARTICLE 74 OF THE STATUTE AND DECISION ON SENTENCE PURSUANT TO ARTICLE 76 OF THE STATUTE

摘要

The first-ever judgment from the International Criminal Court ("ICC") is a tome that has made history, built off history, and provides direction for the future of the world's first permanent court of international criminal justice. The judgment and sentencing decision in Prosecutor v. Thomas Lubanga Dyilo provide important jurisprudence on modes of liability and on the war crimes of conscripting and enlisting children under the age of fifteen into armed groups and using them to actively participate in military hostilities. However, the trial, which lasted six years, was marred by controversy that demonstrates the ICC's growing pains. These troubles are evident in the judgment and sentencing decision, with the Chamber strongly chastising the prosecution for how it handled its investigation and for its controversial decision to limit the charges against Lubanga to just the issue of child soldiers. These developments and challenges will be discussed below, before turning to a discussion of the subsequent sentencing decision.