Human Rights Action – ICC Reparations to Conscripted Children: Lubanga

Human Rights Action – Reparations to Conscripted Children
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Editor’s Note:
We understand the action by the ICC below is the first example of war crimes reparations being awarded to children.
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Lubanga case: Trial Chamber II issues additional decision on reparations
International Criminal Court (ICC)
On 15 December 2017, Trial Chamber II of the International Criminal Court (ICC) issued a decision setting the amount of Thomas Lubanga Dyilo’s liability for collective reparations at USD 10,000,000. The decision completes the Order for Reparations of 3 March 2015 in the case of The Prosecutor v. Thomas Lubanga Dyilo, which awarded collective reparations to the victims of the war crimes committed by Mr Lubanga, namely: conscripting and enlisting children under the age of 15 into an armed group (Union des patriotes congolais/Forces patriotiques pour la libération du Congo) and using them to participate actively in hostilities.

The Chamber examined a sample of 473 applications representative of all of the victims potentially eligible for reparations and concluded that 425 of them were most likely direct or indirect victims of the crimes of which Mr Lubanga was convicted. The Chamber stated, however, that further evidence established the existence of hundreds or even thousands of additional victims affected by Mr Lubanga’s crimes. The Chamber also stated in this respect that some potential victims were no longer willing or able to take part in the reparations process for safety reasons.

The Chamber recalled that the scope of a convicted person’s liability is proportionate to the harm caused and, among other things, his or her participation in the commission of the crimes for which he or she has been found guilty, in the specific circumstances of the case. The Chamber further recalled that only collective reparations were awarded in this case. The Chamber assessed the harm suffered by the aforementioned 425 persons recognized as victims of Mr Lubanga at USD 3,400,000, and equitably assessed Mr Lubanga’s liability exclusive of the harm suffered by those persons at USD 6,600,000 – bringing the total amount of Mr Lubanga’s liability for collective reparations to USD 10,000,000.

In view of Mr Lubanga’s indigence, the Chamber invited the Board of Directors of the Trust Fund for Victims to examine the possibility of earmarking an additional amount for the implementation of collective reparations in this case and/or continuing its efforts to raise additional funds. The Chamber also instructed the Trust Fund to make contact with the Government of the Democratic Republic of the Congo (DRC) to explore how the Government might contribute to the reparations process…