- Case note: ICC (Pre T. Ch. I) (Prosecutor (on the application of Victim a/0001/06 and ors) v Lubanga Dyilo (Thomas), Confirmation of charges, Case No ICC-01/04-01/06-803)
- File no.
- 892 (ICC 2007)
- Case date
- 29 January 2007
- Oxford Reports on International Law. International Criminal Law
- Volume (Serie)
- Document type
- Case note
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
Whether the standard of proof to establish ‘substantial grounds to believe’ under Article 61(7) of the Rome Statute of the International Criminal Court (‘Rome Statute’) for the purpose of confirming the charges could be determined.
Whether certain items of evidence were acquired in violation of international human rights law, affecting their admissibility and/or probative value.
Whether what comprised an armed conflict of international and non-international nature could be established, and whether either of these was present during the time of the crimes charged.
Whether the term ‘national’ qualifying the term ‘armed forces’ in Article 8(2)(b)(xxvi) of the Rome Statute limited the scope of application to governmental forces.
Whether the objective and subjective elements of criminal responsibility under Article 25(3)(a) of the Rome Statute could be established, and whether there were reasonable grounds to believe that Lubanga was criminally responsible as co-perpetrator of the crimes charged.