Indirect victims’ participation in the Lubanga trial

Abstract

On 8 April 2009, Trial Chamber I of the International Criminal Court issued a decision on the participation of ‘indirect victims’ in the Lubanga case. The thorny question scrutinized by the Trial Chamber was whether applicants who allegedly suffered harm as a result of crimes committed by child soldiers might be considered ‘indirect victims’ of the case. After presenting a critical analysis of the decision, this article submits that the notion of ‘indirect victim’ in Lubanga should include the persons harmed by the conduct of direct victims (i.e. the child soldiers), provided that such conduct is causally linked to the charges against the accused. Accepting such a broad notion of ‘indirect victim’ would not hinder the rights of the accused, while taking into account the specificity of the crime of conscripting, enlisting or using child soldiers.