1. What was the charge?

Thomas Lubanga Dyilo is responsible, as co-perpetrator, for the charges of enlisting and
conscripting children under the age of fifteen years into the FPLC and using them to
participate actively in hostilities within the meaning of:
- articles 8(2)(b)(xxvi) and 25(iii)(a) of the Statue from early September 2002 to 2 June 2003.
-articles 8(2)(e)(vii) of the Statute from 2 June to 13 August 2003

2. What are the elements of this crime?

-The perpetrator conscripted or enlisted one or more persons into an armed force or group or
used one or more persons to participate actively in hostilities.
-Such person or persons were under the age of 15 years.
-The perpetrator knew or should have known that such person or persons were under the
age of 15 years.
-The conduct took place in the context of and was associated with an armed conflict not of
an international character.
-The perpetrator was aware of the factual circumstances that established the existence of an
armed conflict.
3. How was the case initiated?
This case took place between early September 2002 and 13 August 2003 in Ituri in the DRC.
Ituri is a district of Orientale Province in the north east of the DRC, bordering Uganda, with
population estimates ranging from 3.5 to 5.5 million people. Beginning in 1999, ethnic
tensions and competition for resources in the district escalated into a devastating conflict.
The investigation by the Office of the Prosecutor was opened on 23 June 2004, following the
referral of the case from the DRC. In the Decision on Intermediaries, the Chamber ordered
the prosecution to call an appropriate representative to testify as to the approach and the
procedures applied to intermediaries. As a result, Bernard Lavigne (P-0582), who had been
recruited to lead the relevant investigation team,245 and one of the investigators, Nicolas
Sebire (P- 0583), were called to give evidence. Although they were not necessarily accurate
on every issue, the Chamber found both of these witnesses to be essentially reliable, and
unless the contrary is indicated, the Chamber has accepted their testimony
4. What was the evidence presented against the accused?
Evidence was introduced during the trial in oral, written and audiovisual form. This included
the viva voce testimony of sixty-seven witnesses (including expert witnesses) who appeared
before the Chamber in person and via a video link. Two witnesses gave their evidence by
way of sworn depositions (Article 69(2) of the Statute and Rule 68 of the Rules). Written
statements were admitted pursuant to Rule 68 of the Rules. Documents and other material
such as transcripts of interviews, videos, the records from a variety of organizations, letters,
photographs and maps were either introduced during the oral evidence of witnesses or by
counsel.