Bosco Ntaganda Appeal

Bosco Ntaganda was accused and sentenced to 30 years on 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy’s property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and 5 counts of crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population), allegedly committed in the Ituri Province, the DRC, in 2002/2003.

Bosco Ntaganda was the alleged Deputy Chief of Staff and commander of operations of the Union des Patriotes Congolais/Forces Patriotiques pour la Libération du Congo (UPC/FPLC), an organized armed group involved in two conflicts in Ituri in 2002/2003:

1. a widespread and systematic attack against the civilian population pursuant to an organisational policy adopted by the UPC/FPLC to attack civilians perceived to be non-Hema, such as those belonging to Lendu, Bira and Nande ethnic groups.
2. a non-international armed conflict between the UPC/FPLC and other organized armed groups.

Bosco Ntaganda was charged with crimes in both conflicts, including in two specific attacks: one in the Banyali-Kilo collectivité in late 2002 and another in Walendu-Djatsi collectivité in early 2003.

Bosco Ntaganda was charged pursuant to different modes of liability: direct perpetration, indirect co-perpetration (article 25(3)(a) of the Statute); ordering, inducing (article 25(3)(b) of the Statute); any other contribution to the commission or attempted commission of crimes (article 25(3)(d) of the Statute); or as a military commander for crimes committed by his subordinates (article 28(a) of the Statute).

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