- By Lilian TimmermannLilian Timmermann is a researcher at Foreign Policy.
The International Criminal Court handed down its first sentence on Tuesday to Congolese war criminal Thomas Lubanga for the use of child soldiers. After over three years at trial, and following his conviction in March of this year, the court issued a 14-year sentence, with one judge dissenting on the grounds that the nature of the crimes warranted a longer sentence. The court has not yet decided where Lubanga will serve out his term.
This is the court’s first conviction and sentencing after nearly a decade in existence. But others are in the works, including the first head of state to be tried, Cote D’Ivoire’s former president, Laurent Gbagbo, who was transferred to the ICC for trial in November 2011. (Sudan’s current president Omar al-Bashir has also been indicted but has yet to be arrested). Gbagbo is charged with crimes against humanity, including murder and rape, for acts committed after the 2010 election when electoral disputes erupted into violence as Gbagbo refused to relinquish the presidency. The next step in his trial, the confirmation of charges, is expected in August 2012.
Under the tenure of Chief Prosecutor Luis Moreno-Ocampo — who was replaced earlier this month by new Chief Prosecutor Fatou Bensouda — the court has issued open (public) indictments against 28 individuals from seven countries — all in Africa. The list is a who’s who of notorious political leaders, including Sudanese President Omar al-Bashir and Saif al-Qaddafi, and military officials. The Court relies on national law enforcement, Interpol and the UN to arrest those charged, and only five of those indicted are currently in custody. 15 cases are currently before the Court, though trials are only scheduled for those in the Court’s custody (some pre-trial proceedings are underway in absentia).
The Court’s summer schedule shows proceedings will continue against the Central African Republic’s Jean Pierre Bemba accused of crimes against humanity and war crimes; Sudan’s Abdallah Banda and Saleh Jerbo for war crimes, including attacks on peacekeepers, and Gbagbo. Nearly a decade elapsed between Lubanga’s crimes and his sentencing by the court, so don’t expect speedy proceedings for any of them.