Lubanga war crimes trial resumes at the ICC
By George Murumba
11th Oct 2010
The appeals chamber of the International Criminal Court [ICC] on October 8th reversed an earlier decision to suspend the case against a notorious Congolese warlord Thomas Lubanga.
In July, the Court’s trial chamber suspended proceedings against Thomas Lubanga Dyilo, the leader of the Union of Congolese Patriots in the Ituri region of the eastern Democratic Republic of the Congo [DRC] saying prosecutors had refused orders to disclose information to his defence. It also ordered the warlord’s release.
Judge Sang-Hyun Song who presided over the appeal said it is undisputed that the prosecution did not divulge certain information. He however said the trial chamber had erred by immediately ordering the proceedings to stop without first imposing sanctions to ensure prosecutors complied with its orders.
“Sanctions are a 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”, Judge Song stressed.
Mr. Lubanga, whose trial at The Hague-based ICC began last January, stands accused as co-perpetrator of having committed war crimes of conscripting children under the age of 15 into the Patriotic Forces for the Liberation of Congo. He is also accused of using them to participate actively in hostilities in Ituri district between September 2002 and August 2003.
The case was referred to the ICC by the Congolese Government in April 2004. Other suspects standing trial at the ICC for alleged offences committed within the context of the DRC conflict are Germain Katanga and Mathieu Ngudjolo Chui. Bosco Ntaganda has been indicted but remains at large. ICC investigations in the DRC are ongoing.
In a statement issued after the ruling, the Office of the Prosecutor for the ICC welcomed the decision to lift the stay of proceedings and not release Mr. Lubanga.
“Victims can rest assured that his trial will be continued and that his criminal responsibility will be decided by the judges at the conclusion of a fair trial”, the statement reads in part. END. If it’s Monday, it’s Uganda Correspondent. Never miss out again!
