The situation regarding the victim who withdrew his testimony on Wednesday is very concerning and could have been foreseen considering Thomas Lubanga’s influence in Ituri where miltias are still active and some are still close to him. Lubanga’s supporters still have the ability to cause harm which must have informed the withdrawal of the witness’s testimony He must have feared for his family and himself knowing that his testimony would be broadcast on TV. There need to be more guarantees for the safety of victims-something that has not been well defined so far and that has worried many more than just the witnesses themselves. This is the beginning of a legal battle which will be full of surprises and emotions.

In addition the disruption of the Court’s screening of the trial in Bunia, Ituri, confirms the concern we expressed regarding a potential in situ trial in DRC. The security issue remains a challenge in a region where militias are still active and Lubanga’s supporters are strong. This type of incident could have been foreseen and demonstrates the issues we have been raising for a while concerning outreach. The screening room is not the place to start explaining only how a trial takes place. Rather, I believe that Lubanga’s supporters needed to understand that the judge is there to assess the truthfulness of each allegation and fact.

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The Court’s first trial has begun at long last and to the delight of Congolese victims everywhere, the trial is a strong indicator that the era of impunity for criminals is ending.

The Prosecutor’s opening statement speaks of the incredible advances made by this Court to pursue crimes against children, particularly for the recruitment, training and use of hundreds of young children who actively participate in hostitilies that rob them of their innocence and leave others dead at the hands of warmonging rebel leaders.

This trial forces us to revisit the horrific ordeal that the Ituri population lived through. The Prosecutor’s reassuring statement today did much to help put aside the fear of so many victims who worried that Lubanga could be released as recently as a few months ago when the trial came to a halt due to procedural issues. What is important now is how the international community manages what could be a long trial ahead, one filled with much surprise and emotion.

Unfortunately, many Congolese without internet access and other means of communication will be unable to follow the proceedings-underscoring what a major obstacle outreach and public information is for this trial.

Congolese civil society engaged in the fight against impunity will certainly develop strategies with its partners to mitigate this problem because there is too much riding on this trial. Some have a vested interest in preventing the population from following the proceedings, especially since those in power in Kinshasa seem to back Bosco Ntaganda, who was an ally of Laurent Nkunda who was recently arrested by the Rwandan government. Indeed, we recently learned that Ntaganda’s deputy was released from prison.

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Civil society in the Democratic Republic of Congo wants a judgment in the Lubanga trial that respects fair trial principles. A fair trial is the best guarantee against impunity for it sets a powerful example for would-be criminals that have for so long, and for so many different reasons-mostly because of their rank and position-thought they were invincible or shielded from the law.

For those of us engaged in the fight against impunity, this trial is first and foremost a sign of encouragement for civil society working to protect  human rights. For victims, this trial represents hope. We all take comfort in knowing that the wheels of international justice are finally in motion.

For the general population, the Lubanga trial brings about a feeling of reassurance. In fact, the population at large-beaten down in spirit by the waves of violence in the DRC-never imagined that such a strong militia leader could be arrested and tried before a court of law. Thus, there is a shift in thinking among the population about their suffering. There is renewed faith that those responsible for serious crimes will have to face justice sooner or later.

Victims will have the unprecedented opportunity to share their views and concerns as the trial unfolds. As such, the Court should strengthen its outreach activities to affected communities on the ground-paying particular attention to the need to bolster protection for victims  at every stage of the judicial proceedings. The Court should not restrict public information for such an immense and important step forward. For example, to limit press conferences to Kinshasa and The Hague alone would be foolish.

With this trial, we are witnessing justice in action and the unprecedented participation of victims in the process who will be called on to share critical evidence. What an enormous opportunity.

Despite ongoing child soldier enlistment in our country, the Lubanga trial holds the promise of having a deterrent effect in the future. The Lubanga trial goes far beyond symbolism. Since the arrest and transfer of Thomas Lubanga, there is a growing consciousness that the conscription of child soldiers is a crime against humanity. In addition, there is a growing awareness that the time has come for other warlords like Nkunda to be held accountable for their crimes.

To abolish child soldiering entirely, the Court would do well by issuing arrest warrants for those from other armed groups who are most responsible for enlisting children in their movements.

Roger Muchuba Buhereko
Executive Secretary of Congolese NGO Héritiers de la Justice in
Bukavu, DRC and Deputy Coordinator of the DRC National Coalition for the ICC.

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