As the public awaits news of when the trial of Thomas Lubanga will resume, the Trial Chamber has issued several decisions on pending applications from the parties. In the most recent one, the defense requested disclosure of information from certain victims’ application forms in which they sought to participate in the proceedings. The victims testified…
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…
On December 3, 2010, Trial Chamber I issued an order on three prosecution applications for nondisclosure of information in the trial of Thomas Lubanga for war crimes. The defense filed objections to some, but not all of the nondisclosure requests. Issues surrounding disclosure came to the fore following ‘witness 15’s’ June 2009 in-court revelation that…
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…
Disclosure Today in the trial of Thomas Lubanga, who is charged with the war crimes of conscripting, enlisting, and using child soldiers in the Democratic Republic of Congo during 2002 and 2003, Presiding Judge Adrian Fulford opened the session by thanking the defense and prosecution for their “highly cooperative stance adopted last night” to resolve outstanding…
Public testimony resumed today in the trial of Thomas Lubanga at the International Criminal Court (ICC) after a week of closed sessions to take the testimony of ‘witness 582,’ an investigator for the Office of the Prosecutor (OTP), by deposition. Another OTP investigator, Nicolas Sebire, also known as ‘witness 583,’ testified based on his written…
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…
All testimony heard by the Lubanga trial this week was given in closed session following a declaration by defense attorneys that they would not be able to cross-examine the witness in public session. During the week, judges also stated that the final witnesses scheduled to give evidence in the war crimes trial were expected to…
International Criminal Court (ICC) judges have faulted prosecutors for failing to disclose certain information relating to a prosecution witness to the defense of war crimes accused Thomas Lubanga. The defense has complained that the Office of The Prosecutor (OTP) has failed to honor its disclosure obligations, including those related to this unnamed witness, who was…
Appeals judges have asked victims participating in the prosecution’s appeal against the stay of proceedings in the war crimes trial of Thomas Lubanga to make public their filings in support of the resumption of the trial. On September 30, 2010, presiding judge Sang Hyun Song ordered the court’s registry to file a public redacted version of…
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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