Lubanga became the first person arrested under a warrant issued by the ICC. He was convicted for the war crime of “conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities.” The discussion of aiding and abetting liability was only to provide context for the liability of co-perpetrators.
Aiding, abetting or otherwise assisting that had a “substantial effect” on the part of the accessory (¶ 997)
ACTUS REUS: In order for secondary liability to adhere under Article 25(c)(3) it is required that “the perpetrator at least attempt to commit the crime. As such, secondary liability is dependent on whether the perpetrator acts” (Affirmed in Kilolo case) (¶ 998). “In the view of the Majority, principal liability ‘objectively’ requires a greater contribution than accessory liability. If accessories must have had ‘a substantial effect on the commission of the crime to be held liable, then co-perpetrators must have had, pursuant to a systematic reading of this provision, more than a substantial effect” (¶ 997).