ICC to resume trial against Congolese warlord

ICC to resume trial against Congolese warlord

2010-10-09 04:05:54 GMT+7 (ICT)

THE HAGUE (BNO NEWS) – The International Criminal Court (ICC) on Friday reversed a decision from the Trial Chamber I of the ICC to release Thomas Lubanga Dyilo, a former Congolese warlord, and is ready to resume trial.

On July 8, Trial Chamber I of the ICC ordered to stay proceedings in the case against Lubanga as it considered that the trial could not be fair after prosecution failed to follow the Chamber's orders of confidentially disclose the names and identification information of intermediary 143.

As the defense never received the requested information, the Trial Chamber I ordered the release of Lubanga. However, prosecutors filed two appeals against such decision. The judge determined that the ICC prosecutor refused to comply with the Chamber's request in order to respect his duty of protecting victims, witnesses and others.

The ICC's Appeal Chamber considered that the Trial Chamber even though it is undisputed that the prosecutor did not comply with the request, it erred after not sanctioning the prosecutor first before ordering the release of the defendant.

"Sanctions are a key tool for Chambers to maintain control of proceedings within the trial framework and to safeguard a fair trial without having to have recourse to the drastic remedy of staying proceedings", said Judge Song of the Appeal Chamber.

Lubanga is the founder and leader of the Union of Congolese Patriots in the Ituri region of the eastern Democratic Republic of the Congo (DRC). Lubanga is the first person to be tried by the ICC.

He was arrested in 2005 and charged with two war crimes: conscripting and enlisting child soldiers into the military faction of his group and using them in armed conflicts between September 2002 and August 2003.

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