Prosecution Offers Compromise on Lubanga Trial Issue

The prosecution in the Thomas Lubanga case at the International Criminal Court (ICC) have offered a compromise in the dispute that brought the trial to a halt in July.  The International Criminal Law Bureau reported the offer here. The prosecution has offered to disclose the name of the intermediary who is alleged to have bribed witnesses in exchange for the provisional resumption of the trial.  The trial was suspended in July after repeated failures of the prosecution to comply with an order to disclose the intermediary.

The issue arises from the claim of some witnesses that an investigator, intermediary in the parlance of the court, bribed witnesses to get them to testify at trial claiming they were child soldiers when they in fact were not.  Thomas Lubanga Dyilo is the first person to face trial at the ICC.  Lubanga was brought to the court in 2006, and his trial began in January of 2009.  The defense began presenting its case in January of 2010, though there have been a number of halts to the trial since the defense began.  In this last suspension of the trial, the trial chamber questioned whether Lubanga could receive a fair trial after the repeated refusal to disclose.

Lubanga is accused of using, recruiting and conscripting child soldiers in his role as leader of the Union of Congolese Patriots in the Democratic Republic of Congo.  The prosecutor’s motion is available here.

Lubanga Trial Timeline

The Open Society Institute blog set up to follow the Thomas Lubanga trial has posted a timeline of the Lubanga case.  The time line follows the case from the 2006 issuance of a warrant and Lubanga’s arrest and arrival in The Hague, through the beginning of the trial in January 2009, and ultimately the suspension of the case and the ongoing appeal.

Thomas Lubanga Dyilo is the first person to face trial at the International Criminal Court (ICC).  Lubanga is alleged to have been the head of the Union of Congolese Patriots (UPC) and is alleged to have conscripted and used child soldiers into the UPC in the Democratic Republic of Congo (DRC).

The case has had a number of surprising revelations and claims, including claims that prosecution witnesses had stolen identities, concerns about translation and transcription of testimony, late disclosures, all leading to multiple suspensions and delays in the case.  These culminated in the trial chamber’s decision to indefinitely suspend the trial because of the prosecution’s failure to comply with an order to disclose the identity of an investigator alleged to have paid witnesses to offer false testimony.

The court has viewed the prosecution’s failure to comply as a threat to the credibility of the court.  It is not clear from the press reports, but it appears that in the two months since the court ordered the suspension of the trial for the failure to disclose, the prosecution has still not complied.

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