– Common plan –
But judge Kourula on Monday slapped down seven grounds of appeal raised by Lubanga, saying that a common plan by UPC leaders to establish their dominance in the mineral-rich Ituri region “directly led to the crimes that are at issue”.
Regarding an argument about video footage which showed children younger than 15, Kourula said based on the careful way trial judges scrutinised the images “it did not find the Trial Chamber’s approach unreasonable”, in concluding that child soldier were being used.
Prosecutors who had sought a 30-year sentence also appealed, saying 14 years was “too light to reflect the gravity of his crimes” including abuse of authority and cruel treatment and sexual violence committed against children.
Presiding judge Kourula rejected both the prosecution’s call for a stiffer sentence as well as an attempt by Lubanga’s lawyers to have his sentence reduced.
“Thus considering that none of the grounds of appeal was successful, the Appeals Chamber by majority… confirms the sentencing decision and rejects the appeals,” the judge said.
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