Thursday, 18 February 2010- The Defence of Thomas Lubanga goes to DRC "to conduct critical research"

The last two Defence witnesses complete their testimony without any information being disclosed to the public. Everything is held in private session.

Tuesday, 16 February 2010- Re-examination of Defence Witness adjourned for interpretation problems

The testimony of the fourth Defence witness is still a mystery. It's his second day on the stand but little is known about him.  Lubanga´s lawyers said that most of their evidence would be presented publicly. However yesterday, the Lead Counsel conducted her questioning entirely in private session.  Exhaustive protective measures have been implemented to conceal the witness´ identity.

Thursday, 11 February 2010 - Judge Fulford: "The Witness has broken down"

The hearing scheduled to begin at 9.30 is delayed. The Judges had to discuss "essential" matters before entering the courtroom. Judge Fulford greets the participants and gives the floor to Defence Counsel Marc Desalliers. The witness box is still empty. Mr. Desalliers tells the Chamber that during the course of the witness´ testimony yesterday, his client gave an answer that does not correspond to the English translation. Presiding Judge Fulford, who would rather avoid delay, asks the Counsel to solve this matter with the translators. It is almost 10 o´clock and the third Defence witness has not yet entered the court.

Wednesday, 10 February 2010- Defence Witness 04: "Child soldiers were enlisted in the UPC but it wasn´t Thomas Lubanga who recruited them."

There is a serious allegation which affects the heart of the Prosecution case:  that false testimonies were fabricated by intermediaries that collaborated with the Office of the Prosecutor.

Monday, 08 February 2010- Defence Witness 03: "Today I am saying the truth. I came here to correct my mistake"

The second Defence witness admits he lied to the Court in exchange for money: US$200 was the amount he received from an OTP intermediary for persuading his nephew to testify as a fake child soldier. The youngster, who testified as a prosecution witness, claimed to be a former fighter with Lubanga´s UPC.This is a fact that his own father, the first witness called by the Defence, denied categorically.

Tuesday, 2 February 2010- Things get tense between the Defence and the Prosecution

The Prosecution team is privy to some relevant information regarding the Defence's witnesses (03 and 04).  According to a document entitled 'investigation notes', these witnesses are somehow linked to Prosecution Witness 297. This document contains information on communications the Prosecution had with the witnesses during the time they were collaborating with them. The Prosecution is obliged to disclose this sort of information to the Defence in a timely manner.  In this instance, the Defence complains, the Prosecution has not fulfilled their obligation. 

Monday, 1 February 2010- Defence Witness 02: "My son was not a child soldier"

When ICC officials met him at his home in 2008, Witness 02 insisted that "my son was not a child soldier." The officials were the Defence of Thomas Lubanga. He said the same thing last week to the judges: his son, who had come to the ICC as a prosecution witness, lied about being a child soldier.

Wednesday, 27 January 2010 - Defence: "There cannot be true justice if a significant part of this trial is based on fabricated evidence"

It has been one year and one day since the Lubanga trial started. It is now time for the Defence lawyers to open their case. Lubanga has been waiting for this moment for some time: the chance to prove to Trial Chamber I that he is innocent. His lawyers open their case with a serious allegation: a substantial part of the trial so far has been based on false testimonies.

Tuesday, 26 January 2010 - Defence examines participating victims away from public ears

The two participating victims recalled by the Defence are scheduled to come into the Court once again to answer additional questions. Because of the strong protective measures in place to hide the identity of the witnesses, the public is not privy to the hearing.

Monday, 25 January 2010- The Defence recalls two participating victims before opening its case

The morning hearing is suspended. The Defence announces that last night they received new information that needs to be analysed in detail before the examination of the third participating victim can continue. The Chamber grants the Defence their request and decides to adjourn for a couple of hours. At mid morning an ex-parte hearing is conducted in closed session.

Friday, 22 January 2010 -Witness 229: 'Once the enemy was found, they were shot'

The morning's session starts with questions put by the Prosecution team. During the course of his examination, the third participating victim explains to Ms. Olivia Struyven how the Battle of Bunia was conducted and his role as a scout during the attack. "Mr. Witness, yesterday you indicated that you had to show the UPC soldiers where the enemy was. What happened when the enemy was found?" asks the Trial Attorney. "Once the enemy was found, they were shot," says Witness 229. The Prosecution asks more about the punishments meted out in the camps and the age of the new recruits. "You used the term kadogo," says Ms. Struyven, could you tell us the age of the youngest [child solider] that you saw? Witness 229 is unable to say.

Thursday, 21 January 2010- Witness 229: "I was a schoolchild, I didn´t want to become a soldier."

This is the fourth day the second participating victim takes the stand to give evidence on his alleged recruitment by the UPC, the armed group commanded by Thomas Lubanga. In previous days, the Lubanga Defence has examined the circumstances in which the youngster was abducted by the UPC soldiers, his duties in the military camps and his active participation in the Battle of Bogoro on February 2003. Today, Lubanga´s lawyers continue to try and pick holes in his account.

Thursday, 14 January 2010- The Victim Breaks Down in Tears

The second participating victim takes the witness box. He is a former child soldier who upon request of his Legal Representative will give evidence on his forcible recruitment by the UPC and his active participation in hostilities.

Wednesday, 13 January 2010 - Participating Victim: "I want to take this opportunity to tell the world what happened and ask for reparations."

For the first time in the history of the international criminal justice, a victim takes the stand to give evidence in person. He has not been called by the Prosecution, nor by the Defence. He comes to this Court at his own request "to tell the world" about the abuses that happened in his territory, including those abuses left out by the ICC prosecution.

Friday, 8 January 2010

After a long hiatus the first trial before the ICC recommences with a clear statement: the Court must give justice to girls recruited by the militia of the Congolese warlord Thomas Lubanga Dyilo. The UN Secretary General's Special Representative for children and armed conflict, Ms. Radhika Coomaraswamy took the stand on Thursday to remind the three judges that their ruling will be essential in the creation of a framework to protect all children in conflicts, especially young girls who have suffered from sexual abuse. Powerful words uttered soon after the victims' attempt to ‘re-characterise the facts' to include sexual violence and inhuman treatment was refused.

9 December 2009 - After six months of uncertainty due to the victims' attempt to 're-characterise the facts' to include sexual violence and inhuman treatment, and not just child soldiering, there is now a date for the resumption of the trial of the Congolese warlord Thomas Lubanga.

'Victims raise their voice' - read the Aegis interview with the Legal Representative of the Victims

23 October 2009 - A desire to achieve restorative justice led the drafters of the ICC's Rome Statute to create a victim participation scheme within the Court. In 1998, for the first time in the history of international criminal justice, victims were granted the possibility to present their views and concerns at all stages of proceedings before a Court. Victims have the opportunity both to have their voices heard and to obtain some form of reparation for their suffering.

Read Lubanga Chronicle, 27 August 2009

This 80 year old Costa Rican woman is not an ordinary judge.

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Read Lubanga Chronicle #44 3 July, 12-13 July 2009

Together with a group of social workers, Witness 116 interviewed with children between 13 and 18 years who had been associated with armed groups. “All information on the child´s age, name, origin, name of parents…was noted down,” he says.

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Read Lubanga Chronicle #43

It´s 7.30 in the morning and in a matter of minutes, the ICC delegation will hop on to a UN helicopter and be airlifted to Zumbe, the first leg of the Prosecutor’s visit to the affected communities of the DRC. Zumbe village is part of the Lendu groupement Bedu-Ezekele, which was attacked several times between January 2001 and March 2003. It was well known as one of the headquarters of the Lendu militia, and therefore suffered from repeated and intense assaults. But Zumbe is also the village of Matthew Ngudjolo, a militia commander who allegedly led an attack against the village of “Bogoro”and who is now awaiting trial in the Dutch prison of Scheveningen.

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Read Lubanga Chronicle #42 8 July 2009

Obtaining information about the trials is a hard task in a place where the majority of the population does not to know what an internet connection is or have home television. The Iturians suffered from the alleged crimes and they demand information. Information is crucial. Justice must be seen and felt to be done.

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Read Lubanga Chronicle #41 7-9 July 2009

A child protection official takes the stand as one of the last witnesses for the Prosecution: Kristine Peduto. From August 2002 to July 2004 she was in charge of the MONUC child protection unit in Ituri. As a part of her functions, she carried out a number of interviews with “children associated with armed groups.” This term is chosen deliberately to reflect a broader reality. These children were not just combatants. They also were informers, drivers, bodyguards, sexual slaves. Today, Ms. Peduto becomes their voice, telling the court of their hard, often painful stories.

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Read Lubanga Chronicle #40 30 June 2009

After a brief discussion on procedural matters, Witness 31 resumes his testimony in private session. During the whole morning the public cannot hear a word and is left to watch the trial through the dividing glass.

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Read Lubanga Chronicle #39 25-26 June 2009

The children that arrived at the centre Witness 31 worked for ranged from 9 to 16 years old. Many of those children came from the vicinity of Bunia, where the centre was located. Eighty percent of them belonged to the UPC.

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Read Lubanga Chronicle #38 24 June 2009

Sitting today before this Court is an important decision Witness 89 had to take. His cooperation with the investigations could endanger his life and the life of his family. In 2006, Witness 89 came under pressure from a member of the UPC, who said he was aware of his collaboration with the OTP investigators.

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Read Lubanga Chronicle #37 23 June 2009

“Good Morning Sir, I would like to ask you as a trainer what types of activity did you teach the recruits?”Mr Sachdeva resumes the questioning.

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Read Lubanga Chronicle #36 19 June 2009

Before joining the UPC, Witness 89 spent six months in the Rwampara, a training centre in Ituri run by the Ugandans. There he would learn everything related to the profession of a soldier. Once he completed his training, his parents came and took him to Barrier, a city 25 km away from Bunia. “There was a lot of suffering in the camp. That’s why my parents took me away from that place,” says Witness 89. In Barrier, he sold cigarettes in the market until he was arrested by the UPC, “the Thomas´ soldiers,” as he knew the militia allegedly lead by Mr. Thomas Lubanga. It was 2002 and he was 17 years old.

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Read Lubanga Chronicle #35 17-18 June 2009

What is the reason to kill anyone? Why are massacres committed in such a brutal way? What are the roots of such intense hatred? Ethnic differences? Control of natural resources? Political tensions? Power? Murders, rapes, pillaging or the forced enlistment of children are incomprehensible acts that need to be rationalised. At least if we are not to believe that human beings are essentially cruel. Today, the Courtappointed expert, Mr. Roberto Garretón, will try to clarify. He sits before the International Criminal Court to explain what seems to be inexplicable.

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Read Lubanga Chronicle #34 16 June 2009

“Witness 15, shortly after he was called to give evidence, indicated that he had provided the Office of the Prosecutor with a false name and that the statement that he had provided was in important respects inaccurate,” says Judge Fulford.

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Read Lubanga Chronicle #33 10-12 June 2009

Witness 16 was part of the main staff of the UPC. When he arrived at Mandro Camp he found over a hundred recruits being trained. In his view, threequarters of them were children. “They had just arrived from their homes, from Tchomia, Bogoro, or Kaseny, villages that belong to the Hema community. Many of them came to get revenge for their families who had been killed. They were very keen volunteers,”says Witness 16.

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Read Lubanga Chronicle #32 9 June 2009

Witness 157 met the OTP investigators several times in 2005, 2006 and 2007. Some information wasn’t given at that point in time. Certain details were forgotten. “I said what is important,” says Witness 157 while Defence Counsel Mr. Desalliers is searching for gaps and incongruities in his statements.

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Read Lubanga Chronicle #31 5 June 2009

The end of the military training was marked by a ceremony in which the new soldiers were given military uniforms and personal weapons. Witness 157 spent four months in Mandro training camp. “I can remember that because it was a difficult period … the UPC movement had been shaken up by other rebel movements. That is why our training didn’t last for very long. It was necessary for us to go and provide support.”

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Read Lubanga Chronicle #30 4 May 2009

“Good morning Mr. Witness, I hope that you are feeling well today,” greets the Trial Lawyer. Ms Samson knows about the importance of establishing a link with witnesses to make them feel comfortable in Court. She also knows she must be particularly careful with Witness 157, who on several occasions has confessed before the Bench to feeling nervous and scared due to these extraordinary circumstances he must face. Everything is new for him.

Read Lubanga Chronicle #29

Witness 157 is a special witness. “I met him for the first time last week. He has a quiet personality, yet he can be very defensive and become angry easily.” Nicole recalls that he looked very afraid at the beginning...

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Read Lubanga Chronicle #28 29 May 2009

Witness 14 tells the Court children were preferred to adults “because they were docile, they obeyed the orders of their commanders, and they would try to mimic or imitate the heroes they see in films. They were more determined and more active during combat.”

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Read Lubanga Chronicle #27 28 May 2009

New recruits were arriving at the UPC military headquarters in Bunia from different villages. Lorries, small vans or commercial vehicles were the usual means of transport used to transfer them to the training centre. At this place, Witness 14 could see that different forms of punishment were being used. “I remember, for example, the situation of a child who was crying out, calling his mother’s name. Apparently the child was hungry. He had just been punished for committing an error, and the reaction of those who were with me was to say, ‘You see, that is good. He is going to grow up as a true soldier.’

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Read Lubanga Chronicle #26 27 May 2009

Witness 14 tells the Court that Thomas Lubanga Dyilo was not invited to the “Sun City” negotiations which took place in South Africa in April 2002. According to the witness, the purpose of this meeting was to reach an agreement to put an end to four years of war, setting up a government of national unity.

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Read Lubanga Chronicle #25 26 May 2009

Today Witness 55 concluded his testimony. “This witness really gave strong evidence,”says Trial Attorney Mr. Manoj Sachdeva who carried out the examination almost entirely in private session for three days. “He gave evidence on Lubanga’s role within the organization, his authority, his knowledge in what was going on in the UPC. He has been an important witness for us.”The Prosecution team must prove that the UPC President, Mr. Thomas Lubanga Dyilo had the authority to issue orders within his group.

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Read Lubanga Chronicle #24 20 May 2009

Prosecutor Manoj Sachdeva examines Witness 55´s evidence for a fourth consecutive day. Four days having to watch the trial through the glass division rather than being able to hear the witness´s testimony. As a result of the Court appearance, there is a risk that Witness 55 or his family may be in some way harmed as a result of their identity becoming known. This particular witness had an elevated role in the UPC and there are many facts in his evidence which may reveal his identity and put him at risk.

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Read Lubanga Chronicle #23 19 May 2009

New recruits were sent to Rwampara, Bule, Bunia, and Aru, says Witness 55. Places where the UPC had erected its military training camps. Locations where children under the age of 15 would become soldiers in three weeks. Having arrived at the training camp, the recruits were registered with the purpose of immediately commencing martial instruction.

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Read Lubanga Chronicle #22 14 May 2009

Witness 55 resumes his testimony after an interruption of two days; time for the experts on age assessment to testify. As happened during his first intervention, protection of Witness 55´s identity requires the Court to proceed almost entirely in private session despite the efforts made by the Prosecution to present the evidence publicly as much as possible. But so much information provided by Witness 55 makes him easily identifiable.

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Read Lubanga Chronicle #21 13 May 2009

Presiding Judge Fulford opens the session with a warm welcome to Mr. Thomas Lubanga, who was absent yesterday. Given the difficulties presented by the expert witness in testifying in a very concrete period of time, it was crucial not to interrupt Ms. Adamsbaum´s evidence. For this reason, the Chamber wants to express its gratitude to Mr. Lubanga for enabling the proceedings to go on. Once recovered, the alleged leader of the UPC comes back to closely follow the trial that will decide his fate.

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Read Lubanga Chronicle #20 12 May 2009

Once again, the Lubanga trial makes use of an expert opinion. At this time, the Prosecution seeks an independent assessment of the age of former child soldier witnesses who might corroborate their indications of dates of birth. Confirmation of witnesses’ age is crucial in this particular case. Charges impose a limit on child soldiering and on the recruitment age to constitute a war crime: 15 years old. Even more, the lack of reliable documentary evidence on birth dates in the Democratic Republic of Congo, as well as the determined attempts made by the Defence to discredit some witnesses concerning their age, makes the Prosecution turn to scientific knowledge to tender to the Chamber enough convincing facts.

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Read Lubanga Chronicle #19 8 May 2009

Mr. Kilo Ngabu, social worker on demobilization issues, concludes his evidence early in the morning. But the audience will have to wait for the afternoon to hear the next testimony. A long discussion on organizational matters precedes the examination of Witness 55, a military insider of the UPC who will testify under protective measures. With his voice and face distorted, he will remain anonymous to the general public. His real identity will be only known by those who are sitting inside this Court Room, including the Accused.

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Read Lubanga Chronicle #18 7 May 2009

Yesterday, the hearing passed almost entirely in private and closed session. The Court’s main concern was to protect sensitive information that would reveal Witness 12’s identity, despite the effect this would have on the public nature of this trial. Today, a new witness has been called by the Prosecution to give testimony. His name, Serge Kilo Ngabu, a former social worker who collaborated with SOS Grand Lacs between 2001 and 2002, an NGO that operated in Ituri on child demobilization issues. Prosecutor Ms. Julieta Solano examines his evidence.

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Read Lubanga Chronicle #17 5 May 2009

The Lubanga trial resumes after a long judicial spring recess. A deserved three long weeks was necessary to reflect upon what has been seen and heard so far, to mature ideas and to ease tensions as well. Some of those present in Court even sport an enviable suntan. For 44 days, 17 witnesses have given testimony since the trial began on 26 January 2009.

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Read Lubanga Chronicle #16 7 April 2009

It is 9.30 in the morning and the hearing has not started yet. All blinds are fully up. The Judges have not entered the room and those in court are talking to each other in a relaxed atmosphere. The smiling faces in the room predict a comfortable day. Seven minutes have passed when the Judges finally appear in the Court Room. “All rise!” the security officer says in a loud voice to the public gallery. Everyone shows their respect by bowing their heads...

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Read Lubanga Chronicle #15 2 April 2009

The man sitting in the witness box today is not a victim. Neither is he from the military. Witness 2 will simply tell the Court what he witnessed in Ituri, from 2002 to 2003. And to do so, Prosecution trial lawyer Olivia Struyven will show him five videos and a couple of photographs...

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Read Lubanga Chronicle #14 26-27 March 2009

In the North-Eastern corner of this enormous country, in the Province of Ituri, war crimes and crimes against humanity were committed on a particularly massive scale: murders, torture, summary executions, forceful abductions, arbitrary arrests, rapes, inhumane acts such as mutilations and cannibalism, pillaging, forced recruitment of children for military service, you name it …

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Read Lubanga Chronicle #13 25 March, 31 March, 1 April 2009

The witness in the stand started his military career in 1999. Now that all former child soldiers have testified, the trial is moving to another level. Witness 17 served the UPC as the head of a military section from early 2002 until August 2003.

- “What was your exact role?” asks Mr Sachdeva.

- “I cannot say this in public. We are in open session. If I talk about this person with whom I worked, they will be able to recognise me,”answers a fearful Witness 17.

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Read Lubanga Chronicle #12 19 March 2009

Prosecution trial lawyer Olivia Struyven is standing; ready to go on with the examination of the next former child soldier, Witness 294...

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Read Lubanga Chronicle #11 18 March 2009

The testimony given by Witness 7 is proving a challenge to the Prosecution team. Once again, the Defence has used a witness' fading memory to attack his credibility. Throughout the cross-examination, Defence lawyer Jean-Marie Biju-Duval pointed out one difference after another from the testimony the witness had given in Court and his previous statements in 2005, 2006, and 2008....

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Read Lubanga Chronicle #10 17 March 2009

"You will go with me everywhere I will go, everywhere I will be," said the commander to his bodyguard children. "There were four of us in total," says Witness 7 to the Court. "I was his first bodyguard or the lead escort, and there were three others. Two were younger than me, and one was older than me."

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Read Lubanga Chronicle #9 13 March 2009

The trial resumes after three days of interruption. During that time, some major changes have taken effect in the composition of the Court. On Wednesday, five judges elected in January 2009 for nine year terms were sworn in, to replace those judges whose term had expired. More importantly, after six years of heading the Court, its first President, Philippe Kirsch, was replaced by Judge Sang-Hyun Song. Canadian Judge Kirsch has often been called one of the ‘midwives' of the Court, since he chaired the Rome Conference in 1998 and the ICC's Preparatory Commission from 1998 to 2002. With his bushy eyebrows, he was a familiar sight...

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Read Lubanga Chronicle #8 06 March 2009

Today, Witness 10 will be concluding her testimony. The Prosecution team has nearly finalized its examination, but before giving the floor to the Defence, Ms. Bensouda announces that the Prosecution wants to show extracts of a video to the witness. She asks for the first 25 seconds to be shown in private session with the computer screens turned away from the public and without broadcasting. The video is played and everybody at the Court looks at the screens with special attention - all of them except for Thomas Lubanga, who is crossing his arms, seemingly indifferent to what is being shown in front of him....

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Read Lubanga Chronicle #7 05 March 2009

"What happened yesterday did not startle the Prosecution,"assures Ms Julieta Solano, referring to the inconsistencies found by the Defence in the testimony of Witness 11 - or simply ‘Patrick.' The former child soldier, the fourth presented by the Prosecution, initially blamed the inconsistencies on an interpreting mistake. He had offered contradictory information on different occasions between 2005 and 2008 and again during his oral testimony, something which the Defence had managed to point out during its cross-examination. Yet the Prosecution does not appear to consider this ‘glitch' as much of a problem. Patrick was a child when he was enlisted by Lubanga´s militias; he was still very young when he was interviewed for the first time in 2005. His experience was so traumatic that it may well have impeded his ability to remember clearly what happened to him - and the Prosecution trusts that the Judges know this, too....

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Read Lubanga Chronicle #6 04 March 2009

It has not been a good day for the Prosecution. Throughout the cross-examination, the Defence has been trying with fierce determination to undermine the testimony of Witness 11, whom the Prosecution decided to call 'Patrick.' And, apparently, the Defence succeeded....

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Read Lubanga Chronicle #5 03 March 2009

Today, Ms. Julieta Solano continues the examination of “Patrick,” the fourth child soldier called by the Prosecution. With empathy and respect, Ms Solano repeats any question that her witness does not understand; she is grateful for any clarification offered by the child; she appreciates Patrick’s patience. For her, the person inside the witness box is not just a means to an end...

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Read Lubanga Chronicle #4 27 February 2009

Julieta is running around her office, disoriented. "Printer problems!" she shouts. Meanwhile, somebody is speaking at her through the phone, audible via loudspeakers. She hurriedly puts on her gown and sprints through the corridor to the lift. There are seven minutes left before the trial starts, and the lift is taking a bit of time. At this moment, for Julieta, a minute feels like an hour. "I should have been there five minutes ago!"she says. She didn't sleep well. "I woke up at three, and again at five." It's rush hour in the ICC building and the lift still has not come. Even though her examination won't start before the afternoon, as member of the Prosecution team, Julieta has to be in Court on time. She finally decides to run down the stairs ... Four minutes left until the beginning of the session....

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Read Lubanga Chronicle #3 26 February 2009

Thomas Lubanga is a well-dressed man. Today, he has matched his blue suit with a checked tie, a new combination. He never wears the same outfit to Court twice. Every day: different colours, diverse patterns. Leaning back in his chair, he puts on his headphones in quite a particular way....

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Read Lubanga Chronicle #2 25 February 2009

Today's session produces no upsets, in contrast to yesterday. Witness 213's unexpected and touching statement had provoked many emotions in the Court Room the day before. It is the turn of the third former child soldier who will testify on what happened on a certain day in the Congolese region of Ituri....

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Read Lubanga Chronicle #1 24 February 2009

The silence of the public gallery is interrupted only by the slow rise of the blinds. Behind the soundproof glass, a little courtroom appears in front of us. The wood and the black of gowns colour the place in homogeneous shades....

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