On Saturday, Opinio Juris reported that the obstacles in the Lubanga case may have been lifted and that the trial may continue. Apparently, the solution was brought about by the UN itself, who agreed to disclose the disputed evidence not only to the judges of the Trial Chamber but also to the defense.
This whole process may – although it certainly did not look this way a couple of days ago – indeed have strengthened the position of the ICC. The judges have made it clear that although one is dealing with the worst cases of criminal acts committed by individuals, standards of fair trial and especially the right to a fair defense have to be followed even before this international court. Since this court is a permanent institution – one of the significant features of the ICC – it is encouraging to see that the judges do not push for the first conviction at all costs but instead seek to establish the court and its procedure on a thorough legal basis.
[…] really surprise anybody to have arisen considering the pioneering character of the court; see also here), the uncertain role of the victim in various stages of the procedure or the question of which […]
[…] application to lift the stay of proceedings in the case The Prosecutor v. Thomas Lubanga Dyilo (we reported on this case earlier). The Court had imposed the stay of proceedings on 13 June this year based on the fact that […]
[…] of the Trial Chamber in the case of Mr Lubanga Dyilo (we reported on this case earlier here, and here). The first judgment concerned an appeal against the Trial Chamber’s decision on the release […]