News and updates on the developments in the DRC case
On 6 March 2007, the Presidency of the ICC constituted Trial Chamber I in the Lubanga case as follows: Judge Elizabeth Odio Benito, Judge René Blattmann and Judge Adrian Fulford. The Presidency also decided to suspend the transmission of the record of proceedings of Pre-Trial Chamber I to Trial Chamber I until new Defence Counsel is assigned to Mr. Lubanga and it is determined that he or she has had adequate time to familiarise him or herself with the case.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-842_English.pdf
In March 2007, the ICC Registry announced that the accused Thomas Lubanga is in the process of seeking new Counsel as his current Lead Counsel, Jean Flamme, announced his withdrawal from the case due to health reasons. This will most likely delay the commencement of the first trial.
On 5 February 2007, the Prosecution appealed against the Decision
Confirming the Charges. The Pre-Trial Chamber's finding that the armed
conflict was of an international character from July 2002 to 2 June
2003 was, in the view of the Prosecution, essentially a substitution of
the crime charged by the Prosecution (Article 8(2)(e)(vii) - crimes
committed in non-international armed conflict) with a different crime
(Article 8(2)(b)(xxvii) - crimes committed in international armed
conflict). According to the Prosecution, the Chamber ought to have
adjourned the proceedings and requested the Prosecution to consider
amending a charge if the Chamber was of the view that the evidence
submitted appeared to establish a different crime (Article
61(7)(c)(ii)).
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-806_English.pdf
In addition, on 13 February 2007, the Prosecution, in response to
the Defence's Appeal, argued that Article 82(1)(b) is not a proper
ground to appeal the Decision Confirming the Charges. According to the
Prosecution, in the absence of any express provision in the Statute or
Rules regulating appeals against a Decision Confirming the Charges, the
Decision can only be appealed if leave is granted under Article
82(1)(d).
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-825_English.pdf
On 2 February 2007, the Legal Representatives filed a joint
application to the Appeals Chamber requesting the Chamber to authorise
Victims a/0001/06 to a/0003/06 and a/0105/06 to file a response to the
submission of the Defence and to authorise the Legal Representatives to
participate in the appeal proceedings, in particular, by submitting
written observations on any issue raised by the Prosecution or the
Defence that affects their interests.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-802_tEnglish.pdf
On 30 January 2007, and 7 February 2007, the Defence filed an
appeal on the Confirmation of Charges Decision and argued that a party
may appeal as of right 'a decision granting or denying release of the
person investigated or prosecuted' (Article 82(1)(b)). The Defence held
that the Decision Confirming the Charges could be appealed under
Article 82(1)(b) because the Decision had the effect of denying or
granting the release of Mr. Lubanga.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-797_English.pdf
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-816_English.pdf
On 29 January 2007, Pre-Trial Chamber I rendered the Confirmation
of Charges Decision in which it confirmed the three charges brought by
the Prosecutor against Thomas Lubanga Dyilo for the period from
September 2002, when the Forces Patriotiques pour la Libration du Congo (FPLC) was founded (the military wing of the UPC), to 13 August
2003, when Thomas Lubanga Dyilo was arrested by the Congolese
authorities. In addition, the Pre-Trial Chamber determined that the
armed conflict was of an international character from July 2002 to 2
June 2003, since the presence of Uganda as an occupying power in Ituri
internationalized the conflict, and that from 2 June until the end of
December 2003 it was not of an international character.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-803_French.pdf
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-803-Anx1_French.pdf
On 10 November 2006, the Women's Initiatives for Gender Justice
re-filed its application to Pre-Trial Chamber I of the ICC requesting
leave to prepare an amicus brief in relation to the situation in the DRC.
http://www.icc-cpi.int/library/cases/ICC-01-04-313_English.pdf
On 26 September 2006, Pre-Trial Chamber I decided that the Women's Initiatives for Gender Justice Request for the Judges to review the Prosecutor's exercise of discretion in the selection of charges and to determine whether broader charges could be considered, had no link with the case brought against Thomas Lubanga Dyilo by the Prosecutor.
Instead the Pre-Trial Chamber invited the Women's Initiatives to
re-file its Request to prepare an amicus in relation to the DRC situation rather than the case against the suspect.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-480_English.pdf
In September 2006, women's rights and human rights activists in DRC issued a declaration on the arrest of Mr Thomas Lubanga.
On 7 September 2006, the Women's Initiatives for Gender Justice
submitted an application to Pre-Trial Chamber I of the ICC requesting
leave to prepare an amicus brief in relation to the case against Mr.
Lubanga.
http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-403_English.pdf
On 16 August 2006, the Women's Initiatives submitted the confidential report and a letter to the Office of the Prosecutor describing our grave concerns that gender-based crimes have not been adequately investigated in the case against Thomas Lubanga and providing information about the commission of these crimes by the UPC.
Redacted letter to the Prosecutor, which for security reasons has been edited to omit identifying information.Background on the DRC case.