Thomas Lubanga Dyilo: The Chronicle of a Trial Foretold?
The original version was presented in April 2009 in the annual SLSA Conference (Leicester, UK) and published in Greek in Intellectum, Intellectum, Vol. 05, pp. 27-42, 2008
13 Pages Posted: 3 Oct 2011
Date Written: December 1, 2009
The developments in Lubanga case continue to retain the element of surprise. Despite the initial decision of the International Criminal Court (ICC) to stay the proceedings and release the accused due to the impossibility to hold a fair trial, the Appeals Chamber reversed eventually the above decision. Moreover, less unexpectedly the Trial Chamber I, to which the case was consequently referred, decided the commencement of the hearing on 26 January 2009. Finally yet importantly -while the uncontrolled sequence of unexpected events continue- on 14 July 2009 Trial Chamber I decided that the facts of the Lubanga case could validly be recharacterized in order to include more charges against the accused, but in August 2009 the prosecutor appealed against the Trial Chamber I decision on the possible recharacterisation.
Keywords: Thomas Lubanga Dyilo, Democratic Republic of the Congo, International Criminal Court, ICC, crimes against humanity, conscripting, child soldiers, stay of proceedings, non-disclosure of exculpatory evidence, sealed arrest warrant, Article 54(3)(e), complementarity principle, the right to a fair trial
JEL Classification: K33, K14, K41
Suggested Citation: Suggested Citation