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Introduction

In the first case to be heard before the International Criminal Court (ICC) Thomas Lubanga Dyilo of the Democratic Republic of Congo (DRC) is charged under Article 8 of the Rome Statute (hereinafter the Statute) with the war crimes of enlisting and conscripting children under the age of fifteen years and using them to participate actively in hostilities.  The Pre-Trial Chamber has confirmed that there is sufficient evidence to proceed to a trial.

The following report is an overview of some of the main issues raised during the confirmation hearing and subsequent proceedings. In the absence of public court transcripts at the time of writing, this report is based on unofficial notes taken during the confirmation hearing and public court records where they are available.  It should not be taken to be a complete record of the hearing or subsequent proceedings.