- Case note: ICC (Situation in Democratic Republic of the Congo, Prosecutor (on the application of Victims) v Lubanga Dyilo (Thomas), Reasons for oral decision lifting the stay of proceedings, Case no ICC-01/04-01/06, ICC-01/04-01/06-1644)
- File no.
- 897 (ICC 2009)
- Case date
- 23 January 2009
- Oxford Reports on International Law. International Criminal Law
- Volume (Serie)
- Document type
- Case note
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
Subject(s): Right to fair trial — International courts and tribunals, procedure — Equality of arms — Torture.
Core Issue(s): Whether the Trial Chamber could authorize the non-disclosure of information in order to protect the safety and security of witnesses, victims, and other persons who could be affected by the operations of the International Criminal Court.
Whether, if potentially exculpatory material was not disclosed to the defence in this event, what had to be done by the Trial Chamber to ensure that the rights of the accused were protected and that the trial was fair, in spite of the non-disclosure of the information.