Djokaba Lambi Longba, a witness in the International Criminal Court’s (ICC’s) trial of Thomas Lubanga who has requested asylum in the Netherlands, must be returned to the Democratic Republic of the Congo (DRC), a Trial Chamber at the ICC confirmed recently. After considering submissions from Longba’s lawyers, Trial Chamber I refused to revoke its previous…
In May 2011, four International Criminal Court (ICC) witnesses filed applications for asylum in the Netherlands. The witnesses had been brought to The Hague from a prison in the Democratic Republic of the Congo (DRC), where they had been imprisoned for over five years for their alleged role in the murder of UN peacekeepers. They…
The trials of Thomas Lubanga, Germain Katanga and Mathieu Ngudjolo are coming to a close before the ICC. But what about justice for the millions of other victims of the DRC’s conflict that have not been the subject of ICC charges? In this guest commentary, Patryk Labuda[i] critiques the DRC’s attempts to create domestic justice…
Dear Readers, The following commentary first ran in Legal Eye on the ICC, a regular e-letter produced by the Women’s Initiatives for Gender Justice, an international women’s human rights organisation that advocates for gender justice through the International Criminal Court (ICC) and works with women most affected by the conflict situations under investigation by the…
As the defense in the first trial at the International Criminal Court (ICC) prepared to call its last witness, the judges decided on a schedule for closing the case. Thomas Lubanga Dyilo is charged with committing war crimes by enlisting and conscripting children under the age of 15 years and using them in hostilities in…
On March 2, 2011, Trial Chamber I issued its written decision denying the defense request to permanently stay the trial of Thomas Lubanga Dyilo for war crimes and immediately release him for prosecutorial abuse of process. The judges gave their oral decision on February 23. There is no indication whether the defense will appeal the…
On November 5, 2010, the Trial Chamber in the case of Thomas Lubanga questioned the prosecution’s late disclosure to the defense of part of an investigator’s internal memorandum, dated February 23, 2006. Full disclosure occurred on November 1, 2010. The prosecution responded that the material withheld was “work product” and not subject to disclosure under…
Identifying information the prosecution is required to disclose to the defense has been a matter of contention between the parties since before the start of the trial in January 2009. More recently, the prosecution’s refusal to disclose the identity of an intermediary it used to contact child soldiers led the Trial Chamber to suspend the…
On Friday, November 12, 2010, the judges of Trial Chamber I at the International Criminal Court (ICC) in the trial of Thomas Lubanga ruled that the prosecution’s duty to disclose information to the accused is broad, encompassing everything relevant in its possession except materials related to its theories or tactics. Mr. Lubanga’s counsel raised the…
Horrific stories of murder, sexual slavery and beatings emerged in the courtroom this week as victim participants took the witness stand in the trial of Congolese militia leader, Thomas Lubanga, at the International Criminal Court. A schoolmaster told of his suffering allegedly at the hands of the Union of Congolese Patriots (UPC) militia who hit…
Thomas Lubanga on trial at the International Criminal Court. Thomas Lubanga Dyilo is the first person to be tried by the International Criminal Court. A former rebel leader in the Democratic Republic of Congo, Lubanga is accused of conscripting, enlisting, and using child soldiers. More
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