HIST 3001 Lecture Notes - Lecture 15: Thomas Lubanga Dyilo, Command Responsibility

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4 Apr 2016
School
Department
Course
3/26/14
WCT
Thomas Lubanga Dyilo
-found guilty of conscripting children under the age of 15 into the army
why isn’t he found guilty of anything else?
-conscription means forcing— like a draft
-recruitment/enlisting means trying to get someone to sign up/want to join
-the court is saying that they are pretty much the same
-remains a crime to take someone under 15 into your armed forces by either
conscription or recruitment— the same crime
-two crimes:
is the defendant bringing in to the armed forces children under 15
using child soldiers in hostilities (even if you are not the one who enlisted them)
-two extremes:
direct participation: give child a gun and they go out and kill people (clear-cut
version)
domestic staff: cooking or cleaning the boots
the ICC is not able to convict people for violating child labor standards, we might
think it is offensive but not something to ICC can indict for
-how to hold him liable for what he did (how to prove what he specifically did)
President of the UPC/FPLC at the time (UPC is political, FPLC is the military one)
-plan to recruit and fight knowing that the ordinary course of doing so would involve
the use of child soldiers
-criminal liability is not limited to those who carry it out, but also to those who are
removed but are the mastermind
-would or should have known that subordinates were going to commit human rights
violations and should be held accountable for this
-Dyilo is the overall commander
1
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