Lubanga case: Trial Chamber II orders Trust Fund for Victims to add information to the reparations plan.
Trial Chamber II of the International Criminal Court (ICC) ordered the Trust Fund for Victims (TFV) to add information to the reparations plan in regard to the case The Prosecutor v. Thomas Lubanga Dyilo on Febryary 9th. Presented to the Chamber on 3 November 2015, this plan sets out how to execute collective reparations for the victims of the case, as ordered by the Appeals Chamber.
Composed of Presiding Judge Marc Perrin de Brichambaut (France), Judge Olga Herrera Carbuccia (Dominican Republic) and Judge Peter Kovacs (Hungary), the Chamber recalls that it is its responsibility to monitor and supervise the execution of a reparations plan for the victims of the case, once the plan has been approved.
The Judges, considering the TFV’s reparations plan incomplete, defer their approval and set a schedule for the TFV to submit the requested additional elements. In particular, the Chamber sets the deadline of 31 December 2016 for the TFV to file a submission including the list of potential victims, a first set of detailed collective reparations programmes, an assessment of the extent of harm done to victims, the anticipated amount of Mr Lubanga’s liability, and, if necessary, the revised monetary amount that the Fund intends to contribute in order to implement the plan.
Background:
On 7 August 2012, Trial Chamber I issued a decision on the principles and the process to be implemented for reparations to victims in the case. On 3 March 2015, the Appeals Chamber amended Trial Chamber I’s order for reparations and instructed the Trust Fund for Victims to present a draft implementation plan for collective reparations to the newly constituted Trial Chamber I within six months.
Mr Lubanga was sentenced on 10 July 2012 to 14 years of imprisonment by Trial Chamber I, after having been found guilty of the war crimes of conscripting and enlisting children under the age of 15 years and using them to participate actively in hostilities. On 1 December 2014, the Appeals Chamber confirmed the conviction and sentence imposed. The time he has spent in the ICC’s custody will be deducted from the sentence imposed. On 19 December 2015, Thomas Lubanga Dyilo was transferred to a prison facility in the Democratic Republic of the Congo (“DRC”) to serve his sentence of imprisonment.
For further information on the case, click here.
