International or Non-International Armed Conflict

The Pre-Trial Chamber then considered the issue of whether the armed conflict in Ituri (DRC) was of an international or non-international character during the period covered by the Prosecution’s charges i.e. from 1 July 2002 to the end of December 2003. The Prosecution determined that it had insufficient evidence to characterise the conflict as international during this period and in its Charging Document charged Mr Lubanga under Article 8(2)(e)(vii) of the Statute, which relates to the commission of the above-mentioned crimes during a non-international armed conflict.

The Chamber determined that from July 2002 to 2 June 2003 the conflict was international, by virtue of the presence of Uganda in Ituri. It further decided that from 2 June 2003 until the end of December 2003 the conflict was of a non-international character. This decision on the characterisation of the conflict during the relevant period thus differed from the view of the Prosecution. 

In confirming the charges the Chamber added charges on its own initiative under Article 8(2)(b)(xxvi), which refers to the same crime but committed in the context of an international conflict. The Chamber thus confirmed the charges under Article 8(2)(b)(xxvi) for the period from the beginning of September 2002 to 2 June 2003 and under Article 8(2)(e)(vii) for the period beginning 2 June 2003 to 13 August 2003.

The Prosecution is now seeking leave to appeal this aspect of the Chamber’s decision (see court diary for week 5).

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