VI International Criminal Court
| Author | Desislava Stoitchkova |
| DOI | 10.1177/016934410902700210 |
| Date | 01 June 2009 |
| Published date | 01 June 2009 |
| Subject Matter | Part B: Human Rights News |
Netherlands Q uarterly of Human R ights, Vol. 27/2 (2009) 281
VI INTERNATIONAL CRIMINAL COURT
D S *
Having overcome the constrictions of Article 54(3)(e) con dentiality agreements,
the International Criminal Court (ICC) commenced a phase of vigorous decision-
making from October 2008. e ensuing six months witnessed the revival of
prosecution against omas Lubanga, the commit ment for trial of Ger main Katanga
and Mathieu Chui, as well as the initiation of con rmation of charges proceedings
against Jean-Pierre Bemba. I n the period until March 200 9 the Court rendered several
notable decisions relating to the scope of Ar ticle 25(3)(a) (principal liability as a mode
of individual criminal responsibility), the application of Article 61(7)(c)(ii) (laying
down the judicial power to request amendments to the charges), and the modalities
of victim participation at the pre-trial stage. Rather controversially, in a ruling of
far-reaching implications the Court also sought the arrest of Omar Al Bashir, the
President of Sudan.
1. THE CASE OF PROSECU TOR VS THOMAS LUBANGA
DYILO
As will be reca lled, on 13 June 2008, Trial Chamber I stayed the proceedi ngs against
omas Lubanga1 and shortly therea er ordered his immediate release.2 e cause
of both decisions lay in the Prosecution’s inability to disclose to the Defence, or
alternatively present for judicial review, exculpatory mater ial covered by Article 54(3)
(e) co n dentiality agreements.
* Ph.D Candidate, Wil lem Pompe Institute of Crimina l Law and Criminology, Utrecht Universit y,
the Netherlands.
1 Prosecutor vs omas Lubanga Dy ilo, Decision on the c onsequences of non-di sclosure of excu lpatory
materials covere d by Article 54(3)(e) agreements and the application to s tay the prosecution of the
accused, together with certain other issues raised at the Status Conference on 10 June 2008, ICC-
01/04 –01–06 /1401, 13 Jun e 2008 .
2 Prosecutor vs omas Lubanga Dyilo, Decision on the releas e of omas Lubanga Dy ilo, ICC-
01/04–01/06–1418, 2 July 2008.
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