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Situation in the Democratic Republic of the Congo, Prosecutor v Lubanga Dyilo (Thomas), Judgment pursuant to Article 74 of the Statute, Case No ICC-01/04-01/06, ICL 910 (ICC 2012), 14th March 2012, ICC Trial Chamber I

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Whether the use of intermediaries affected the accused’s right to a fair trial.

Whether the armed conflict in the Democratic Republic of the Congo was of an international or non-international character.

Whether the definition of ‘actively participating in hostilities’ could be used with respect to child soldiers.

Whether the accused’s participation in the conscription of child soldiers amounted to co-perpetration under Article 25(3)(d) of the Rome Statute of the International Criminal Court.

Keywords: Evidence; Fact-finding and inquiry; Human rights, right to fair trial; ICC (International Criminal Court); Individual criminal responsibility; International crimes; International criminal law, actus reus; International criminal law, defences; International criminal law, interpretation; International criminal law, mens rea; International criminal law, procedure; International criminal law, victims; International criminal law, witnesses; International humanitarian law, war crimes—child soldiers

Legal Material.  211501 words. 

Subjects: Public International Law ; International Law ; Law

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