David Charter at The Hague
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A series of mishaps marked a shambolic opening day’s testimony yesterday at the trial of an alleged Congolese warlord which ended with the first witness retracting his claim to have been a child soldier.
The witness, whose name and age were not released, told the International Criminal Court (ICC) that he was approached on his way home from primary school by soldiers who were ultimately under the command of Thomas Lubanga, the defendant.
To the embarrassment of the prosecution, the witness later contradicted his account and suggested that he had been told what to say by an unnamed nongovernmental organisation (NGO).
The case is the first to have come to trial since the ICC was created ten years ago as the world’s only permanent war crimes tribunal.
The proceedings are being closely watched by legal experts and potential defendants, as well as by countries yet to sign up to the court such as the US, Russia, India and China.
Mr Lubanga, 45, has been awaiting trial since 2006 on charges of recruiting soldiers as young as 10 in the Democratic Republic of Congo and commanding the Union of Congolese Patriots, which committed atrocities in a conflict in which thousands were killed.
The pattern was set for a chaotic day when the microphone link to translators repeatedly failed and the witness had to repeat his oath three times. The start was also delayed while it was explained to the young witness that he might face prosecution in Congo if he incriminated himself. He was then examined by Fatou Bensouda, the deputy prosecutor, rather than the court’s main prosecutor, Luis Moreno-Ocampo, who was said to be at the Davos summit.
Two of the questions that Ms Bensouda asked, including the date of birth of the witness, led the president of the three judges, the British High Court judge Sir Adrian Fulford, to suggest that the court go into closed session to protect the young man’s identity.
Sir Adrian later asked him: “This morning you told the court about a time when some soldiers from the UPC took you and your friends away. Was that true or false?” The witness replied: “That is not true.”
Ms Bensouda said the witness had “concerns for security measures for him and what guarantees he has received regarding after he gives his testimony and returns home”. She added: “We are convinced this has had an effect on the testimony the witness has given.” Congolese observers were shocked that the witness could be seen by the entire courtroom, including Mr Lubanga.
The trial continues today.
Under-age recruits
300,000 children involved in more than 30 conflicts worldwide
30,000 children recruited during the DRC conflict
2,200 child soldiers reunited with their families by Save the Children in Congo last year
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