Witness Describes Terrible Battle Scenes

A former Congolese child soldier told Hague judges this week that he was shot during battle and watched his comrades “dropping like flies”.



The anonymous witness was one of three participating victims who were granted permission to appear in person at the International Criminal Court, ICC, in order to testify about their experiences in the trial of Thomas Lubanga.



“That day I saw people dying beside me,” said the witness, who testified in French with face and voice distortion. “They were dropping like flies. Even the friends that we were with, they were dead. The commanders were dying too. It was very terrible. I was shot in the right calf... I pretended that I was dying.”



The Lubanga trial marks the first time that victims have been able to take part in an international trial. So far, 103 victims have been given leave to participate in proceedings. They are represented by several lawyers in the courtroom.



The defence case will begin only after the three victims have completed their testimony. The trial recommenced last week after being stalled for nearly six months while appeals judges considered – and ultimately rejected – the possibility of adding new charges to Lubanga’s indictment.



Lubanga, the former president of the Union of Congolese Patriots, UPC, faces charges of recruiting, conscripting and using child soldiers to fight in the inter-ethnic conflict in the Ituri region of the Democratic Republic of Congo, DRC, during 2002 and 2003.



The witness said he was shot while fighting opposing militias in the Ituri village of Bogoro in 2003, although he could not remember the precise date.



It was unclear whether or not the witness was referring to an incident on February 24, 2003, in which militia groups allegedly burnt much of Bogoro to the ground and slaughtered around 200 people.



The Bogoro massacre is the subject of a separate trial before the ICC, where former militia leaders Germain Katanga and Mathieu Ngudjolo stand accused of planning the attack. Their trial began in November and is expected to resume on January 26.



“It was terrible at Bogoro,” said the witness, who added that UPC commanders gave the child soldiers cannabis and some sort of liquid to take before battle. As a result, the soldiers “were not afraid of the enemy” when the fighting began, he said.



The witness said he was forced to join the UPC after he was abducted by soldiers who threatened to shoot him if he did not go with them.



When he was taken to a military training camp, he said recruits were routinely whipped and made to eat food cooked with sand instead of salt. This, he said, caused severe digestive problems which went untreated.



He also described what happened to young recruits who tried to escape or broke other camp rules. First, he said, the person was told to stand against a tree while soldiers lined up a few metres away.



“[The soldiers] shoot at you … and they keep shooting until your body disintegrates into tiny pieces,” he said.



Earlier in the week, another participating victim – a teacher – told the court about the day in February 2003 when UPC soldiers came to his school and tried to force students to enlist.



“They were minors, small children,” said the witness, who also testified anonymously with voice and face distortion.



The witness said he pleaded with the soldiers to leave the children, but they demanded 500 US dollars in return. When he said there was no money to pay them, the soldiers became impatient.



“They thought I was becoming a hindrance... [so] they beat me with the butt of a rifle,” the witness said. “Then they left with the children.”



He said that the injuries he sustained have made it difficult for him to concentrate.



“Sometimes I have blank moments,” he said.



Later, a lawyer for victims, Joseph Keta, asked why the witness had chosen to participate in the trial.



“This is an opportunity for us to say to the world what happened in the Mahagi [territory of the DRC] and ask for reparations if possible,” the witness responded.



Both witnesses this week testified mainly in private session. Presiding judge Adrian Fulford stressed this was necessary in order to protect their identities.



The third participating victim will be likely to complete his or her testimony next week.



Rachel Irwin is an IWPR reporter in The Hague.