The Lubanga Case
On 14 March 2012, Trial Chamber I unanimously found Mr. Lubanga guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo from 1 September 2002 to 13 August 2003.
On 7 August 2012, Trial Chamber I issued a decision on the principles for reparations to victims in the case. On 3 March 2015, the Appeals Chamber amended this decision and issued a Reparations Order against Mr. Lubanga. On 15 December 2017, Trial Chamber II completed the Reparations Order, confirmed for the most part by the Appeals Chamber on 18 July 2019, by setting the amount of Mr. Lubanga’s liability for collective service-based and symbolic reparations at USD 10 million. In view of Mr. Lubanga’s indigence, the Trial Chamber invited the TFV to examine the possibility of having TFV resources made available for the implementation of the collective reparations.
Current Reparations Activities (confidentially conducted proceedings)
The following reparations are to be implemented through implementing partners (local and international NGO’s):
Collective symbolic reparations:
- The construction of symbolic structures
- A mobile programme to host interactive symbolic activities and to reduce stigma against former child soldiers. These reparations are to pave the way for the social acceptance of reparations awards in the affected communities.
Collective service-based reparations:
- Mental & physical health services to address the trauma and bodily harm suffered
- Vocational training to account for the absence of skills learned during development years
- Income-generating activities to enable their life project.
Milestones & Progress
The TFV, jointly with the legal representatives of victims, has conducted—and will continue to conduct — several field missions to collect applications of those wishing to become beneficiaries of the reparation awards. The TFV has found by September 2020 that 854 beneficiaries are eligible for reparations.
The TFV expects to launch the collective service-based reparations by early 2021.
The TFV calls upon individuals, institutions and States Parties to support the TFV in successfully carrying out its mission of alleviating the harm of victims by making reparative justice a reality for them. The TFV has been able to complement half of the award and is currently seeking for contributions for the remaining 4.25 million euros. Contributions will allow for the appropriate relief of the harm caused to the child soldiers, through the implementation of collective reparations as ordered by Trial Chamber II.