Trial Chamber I Order on the applications by victims to participate and for reparations in the Lubanga case

In November 2011, the Registry of the ICC requested Trial Chamber I instructions on victim’s applications for participation and reparations in the Lubanga case. The Registry had received 27 new applications to participate in the proceedings and 25 new applications for reparations, which appeared to be linked to the case. Trial Chamber I issued its order on this motion on 27 January 2012 (for the decision click here). Thomas Lubanga Dyilo was surrendered and transferred to the Court on 17 March 2006, upon a warrant of arrest issued by Pre-Trial Chamber I. The trial started on 26 January 2009 and the Court has started its deliberations on 26 August 2011, having heard the closing statements of the parties on 25 and 26 August 2011.

(Paragraph 4) Given the stage of the proceedings, the Registry sought instructions from the Chamber before forwarding the applications. The Registry requested instructions as to whether:

a) it should send the 27 new applications to participate to the Chamber with a report thereon, pursuant to Regulation 86(5) of the Regulations of the Court (‘Regulations); and

b) the 31 requests for reparations from the identified participating victims and the 25 new requests for reparations should be provided to the defence in accordance with Rule 94(2) of the Rules.

(Paragraph 5) The Chamber ruled that given the evidence and the submissions in the trial have concluded and the Chamber is currently in deliberation, there is no opportunity for the victims who have applied to participate to express their views and concerns under Article 68(3) of the Rome Statute (‘Statute’). In all the circumstances, these applications are not to be provided to the Chamber at this stage of the proceedings.

(Paragraphs 6 and 7) The Chamber ordered that all of the requests for reparations (viz. from participating victims and any new requests) should be provided to the defence pursuant to Rule 94(2) of the Rules. And, if there will be a sentencing and substantive reparations phase in this case, these applications by victims to participate are to be provided to the Chamber for those purposes.