Possible release of Thomas Lubanga from ICC

Following a hearing at the International Criminal Court on Tuesday 24 June, the judges in the case of former Congolese war-lord Thomas Lubanga Dyilo will soon decide whether the accused is to be released. Trial Chamber I at the ICC halted proceedings against Lubanga on 13 June 2008. The Court found that the Prosecution's failure to disclose to the Defence 'exculpatory evidence' in its possession constituted a breach of the accused's fundamental right to a fair trial.

The Trial Chamber consequently declared that ‘the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial.’

Ten years after the Rome Statute, is this stay in the Lubanga case - the first ever before a permanent international criminal court - going to result in a loss of faith in the ICC or is this merely a minor set-back to be expected of any nascent international court?

Lubanga's release would not necessarily be a 'loss of faith' in the ICC process. It demonstrates the importance that the ICC places on ensuring the defendants have a fair trial. Yes, his release would have terrible consequences for DRC and for the court, but at least it shows the that the accused must be allowed a fair trial.

Prosecutors have asked judges at the International Criminal Court (ICC) to call as a court witness a purported cousin of war crimes accused Thomas Lubanga to give evidence about his alleged role in intimidating witnesses and influencing them to give false testimony.

The prosecutors suggested in a June 18, 2010 application that judges could alternatively order the defense to call the individual known as ‘Cordo’ as a witness. Prosecutors would like Cordo to take the witness stand before the defense files its application for judges to consider throwing out the case against Mr. Lubanga on the grounds of abuse of process.

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