Children in Armed Conflict

2. Children in Armed Conflict

3. Map of Current Recruitment 2012

4. Brief Historical Antecedents (1) Africa “the magnificent cake”: Belgian King Leopold II -1884 Berlin Conference: called for “eliminating slavery from Muslim and black powers. Established the “principle of effective occupation: “uti possidetis” : territory claimed by war –same boundaries as when colonies: uti possidetis juris -gold, diamonds, woods, tin, timber, land, markets and labour power -oil, uranium and rare minerals History of the DRC has been marked by civil war and corruption. Free Congo; personal property of Leopold II under condition of open markets for Europe

5. Ghana: March 1957 Lumumba: Pan-African Conference Accra conference -1957- Demanded Congo independence calling Africans to unite "irrespective of the frontiers separating us, irrespective of our ethnic differences, in order to make the African continent free and happy, rescued from insecurity, fear and all colonial rule". Assassinated on 1961 Lead revolution to finish more than 75 years of occupation from Belgium Substituted by Dictator Mobutu Sese Seko Patricio Lumumba

6. “When the atrocities related to brutal economic exploitation in Leopold's Congo Free State resulted in millions of fatalities, the US joined other world powers to force Belgium to take over the country as a regular colony. And it was during the colonial period that the US acquired a strategic stake in the enormous natural wealth of the Congo, following its use of the uranium from Congolese mines to manufacture the first atomic weapons, the Hiroshima and Nagasaki bombs”.

7. February 2002: Belgian government expressed ''its profound and sincere regrets and its apologies for its role in the assassination of Patrice Lumumba” Belgium announced the creation of a $3.25 million fund in Mr. Lumumba's name to promote democracy Free Congo- Belgian Congo- Zaire and DRC UN involvement Brief Historical Antecedents 4

8. “ “Our lot was eighty years of colonial rule ... We have known tiring labor exacted in exchange for salary which did not allow us to satisfy our hunger ... We have known ironies, insults, blows which we had to endure morning, noon, and night because we were "Negroes" ... We have known that the law was never the same depending on whether it concerned a white or a Negro ... We have known the atrocious sufferings of those banished for political opinions or religious beliefs ... We have known that there were magnificent houses for the whites in the cities and tumble-down straw huts for the Negroes.“ Patricio Lumumba Brief Historical Antecedents 5

10. The Hema, or Hima, are an ethnic group with about 160,000 members located in the eastern DRC, in particular the Ituri region and Orientale Province, as well as parts of Uganda and Rwanda. The Hema are pastoralists and the preferential treatment given to them by Ugandan officials is blamed for igniting the Ituri conflict.

11. Ethnic war began for land dispute and ended in a bloody struggle for control of resources, (Ituri provin ce NE region of the DRC, where leaders armed groups unscrupulously manipulated tensions between two ethnic groups, the Hema and the Lendu, in order to serve their own political and economic interests. In June 1999, intercommunal fighting broke out, killing 60,000 people.

12. “60,000 people were killed in the conflict between Hema and Lendu ethnic groups in Ituri” HRW

13. Who is Thomas Lubanga Dyilo?

14. Born 1960 Belonging to the Hema ethnic group Ituri Married, 7 children Psychologist as profession Leader of the Union des patriotes Congolais (UPC)

15. The arrests follow the killing on 25 February of nine Bangladeshi soldiers from the UN peacekeeping mission (MONUC) A week after the death of the Bangladeshis, MONUC troops stormed an FNI stronghold nearby, killing at least 60 militiamen.

16. On 26 January 2009, the ICC opened its • first trial in the case against Congolese • Warlord • October 7, 2012 ICC Sentence TL to 14 years • for forcing up to 3,000 children into his troops, • some of them not older than six years.

17. The Offence • Three counts of war crimes under the Rome Statute • Conscripting children under the age of 15 into • armed groups • Enlisting children under the age of 15 into • armed groups • Using them to participate actively in hostilities

18. Prosecution The prosecution had asked for a "severe sentence" of 30 years. Luis Moreno-Ocampo, then chief prosecutor, said it was seeking the punishment "in the name of each child recruited, in the name of the Ituri region". But the prosecution also said it would be willing to cut the sentence to 20 years if Lubanga offered a "genuine apology" to victims of his crimes. Children as young as 11 were recruited from their homes and schools To take part in brutal ethnic fighting in 2002-03. They were taken to military training camps and beaten and drugged. Girls were used as sex slaves.

19. The Sentence http://www.guardian.co.uk/world/video/2012/jul/10/congolese-warlord-thomas-lubanga-icc-video

20. Chair of the Subcommittee for Human Rights in the European Parliament “Verdictis an important step in the international fight against impunity. It sends out a far-reachingsignal to all those who continue to force children into warfare, underlining that the use of child soldiers is not a national issue but an international crime, which can and will be punished by the international community. "In recent days, fighting has again intensified in the east of the Democratic Republic of Congo. In this context, the case against Lubanga must be understood as a first step towards bringing all those to court who are responsible for war crimes and crimes against humanity in this conflict-stricken country."

21. http://www.youtube.com/watch?v=_6IMjnwztTo&feature=related

22. LIBERIA

23. Liberia (1) No European colonization but since 1820, the region was colonized by blacks from the USA former slaves. The American Colonization Society, sustaining that ex-slaves would have better situation, freedom and equality in Africa, organised a new country. African captives freed from slave ships were not repatriated to their countries of origin but sent there 4

24. Liberia (2) The Republic of Liberia established similar government that of the USA The capital Monrovia after James Monroe, fifth president of the United States and a prominent supporter of the colonization. Americo-Liberians, led the political and economic sectors of the country. 4

25. Liberia (3) Liberia was a founding member of the UN and the Organization of African Unity. 1980 is the beginning of political and economic instability. 4

26. Liberia Civil Wars 2 civil wars + 250,000 people dead 850,000 refugees in neighbouring countries 1 to overthrow Doe – executed later- winning Ch.T the presidency (Libya backed it up) 1989 – 1997- ECOWAS-UN 2th against Ch. Taylor 1999 (Guinea backed it up) 2003 4

27. UNOMIL Economic Community of West African States (ECOWAS), and United Nations efforts to end first civil war. The Security Council in 1992 imposed an arms embargo on Liberia The Secretary-General appointed a Special Representative to assist in talks between ECOWAS and the warring parties. 4

28. UNMIL SC resolution 1497, 1 August 2003 under chapter VII authorizing deployment no later than 1 October 2003 for supporting the implementation of the ceasefire agreement and the peace process. Ch. T. resigned on the 11 August , 18 August 2003, the Liberian parties signed a Comprehensive Peace Agreement in Accra requesting United Nations to deploy a force to Liberia UNMIL was established 4

29. UNMIL (2) Military personnel • Bangladesh, Benin, Bolivia, Brazil, Bulgaria, China, Croatia, Denmark, Ecuador, Egypt, El Salvador, Ethiopia, Finland, France, Gambia, Ghana, Indonesia, Jordan, Kyrgyzstan, Malaysia, Mali, Moldova, Montenegro, Namibia, Nepal, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Poland, Republic of Korea, Romania, Russian Federation, Senegal, Serbia, Togo, Ukraine, United States, Yemen, Zambia and Zimbabwe. Police personnel • Argentina, Bangladesh, Bosnia and Herzegovina, China, Czech Republic, Egypt, El Salvador, Fiji, Gambia, Germany, Ghana, India, Jordan, Kenya, Kyrgyzstan, Namibia, Nepal, Nigeria, Norway, Pakistan, Philippines, Poland, Russian Federation, Rwanda, Serbia, Sri Lanka, Sweden, Switzerland, Turkey, Uganda, Ukraine, United States, Uruguay, Yemen, Zambia and Zimbabwe. 4

30. Who is Charles Taylor? From 1989 to 1997, Charles Taylor was leader of the National Patriotic Front of Liberia (NPFL), a rebel group that fought in Liberia to overthrow the government of Samuel K. Doe. From 1997 to 2003, Taylor was the democratic president of Liberia.

31. In August 2003 Taylor resigned and was granted political asylum in Nigeria. • In March 2006, Taylor was transferred to the custody of the Special Court for Sierra Leone where he was accused and judged

32. SIERRA LEONE CONFLICT • More than 50,000 people killed, • More than 30,000 conscripted as child soldiers • 500,000 civilians displaced during the civil war that lasted a decade.

33. SIERRA LEONE CONFLICT • Rape was an instrument of war and thousands of people, including children, got their limbs chopped off by rebels. • Taylor was head of the NPFL, the first group of rebels to invade Sierra Leone under the command of Corporal Foday Sankoh of the RUF.

34. 11 counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law committed in Sierra Leone from November 30, 1996 to January 18, 2002 THE OFFENCE (1)

35. THE OFFENCE (2) Taylor is charged on the basis that he backed Revolutionary United Front (RUF) rebels fighting in Sierra Leone; through his links with senior leaders in the RUF—such as Foday Sankoh, Sam Bockarie (a.k.a. Mosquito), Issa Sesay, and others He also backed up a second warring faction, the Armed Forces Revolutionary Council (AFRC); He was accused to send for Liberian forces fighting in support of the Sierra Leonean rebels.

36. 5 counts of war crimes: terrorizing civilians, murder, outrages on personal dignity, cruel treatment, and looting; 5 counts of crimes against humanity: murder, rape, sexual slavery, mutilating and beating, and enslavement; 1 count of other serious violations of international humanitarian law: recruiting and using child soldiers. THE OFFENCE (3)

37. Prosecution alleged that Mr. Taylor bears individual criminal responsibility for the crimes on the basis that he allegedly took part in the crimes by planning, instigating, and ordering them; aiding and abetting them by providing military training and support to the RUF and AFRC; and taking part in the execution of a plan to take control of Sierra Leone during which the crimes were committed.

38. http://www.bbc.co.uk/news/world-africa-17852257

39. "Money played a corrupting, influential, significant and dominant role in this trial," he said. "Money, in this case, prejudiced my rights and interests in a irrevocable way." He said prosecutors received millions of dollars from the United States government and witnesses were paid off. He compared the charges against him to what he called U.S. abuses but said President George W. Bush would never have to stand trial. "President George W. Bush ordered torture and admitted to doing so," Taylor said. "Torture is a crime against humanity. The United States has refused to prosecute him. Is he above the law? Where is the fairness?"

40. http://www.youtube.com/watch?v=zLwzf9ENH6Q Boys of Charles Taylor

41. Special Court for Sierra Leone (1) • Established on January 16, 2002, under an agreement between the United Nations and the Government of Sierra Leone • To try “those who bear the greatest responsibility” for war crimes, crimes against humanity, other serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since November 30, 1996.

42. Special Court for Sierra Leone (2) • Hybrid tribunal blending of international and Sierra Leonean domestic law • Blend of international and national personnel. • 11 judges: 7 appointed by the Secretary General of the United Nations 4 w appointed by the Government. Prosecutor appointed by the Secretary General of the United Nations while the • Deputy Prosecutor, a Sierra Leonean, appointed by the Government of Sierra Leone.

43. Jurisdiction (1) • Liberian President Ellen Sirleaf-Johnson requested to have Taylor’s trial moved to The Hague. Citing fears over instability in Liberia if Taylor were tried in neighboring Sierra Leone • The Dutch Government asked for a Security Council resolution to authorize the transfer, and said it would host Taylor’s trial on the condition that another country agreed in advance to take Taylor after his trial finished (the United Kingdom agreed). • Security Council Resolution 1688 was passed unanimously on June 16, 2006, paving the way for Taylor to be tried by the Special Court on the premises of the International Criminal Court in The Hague.

44. Jurisdiction (2) Article 10 of the Special Court Agreement between the UN and the Government of Sierra Leone, while the seat of the Special Court shall be in Sierra Leone, “ …The Court may meet away from its seat if it considers it necessary for the efficient exercise of its functions, and may be relocated outside Sierra Leone, if the circumstances so require…”

45. Interviews/Veredict http://www.youtube.com/watch?v=eONGwYLgodE http://www.youtube.com/watch?v=6ht_i36A-Co&feature=related http://www.youtube.com/watch?v=T2W1fnK3dWI

46. miriam.estrada@rwi.lu.se Dr Miriam Estrada-Castillo Professor 4