The Confirmation of Charges Hearing for Mr Lubanga Dyilo Starts in The Hague
Situation: Democratic Republic of the Congo
Case: The Prosecutor vs. Thomas Lubanga Dyilo
The hearing for the confirmation of charges against Mr Thomas Lubanga Dyilo started today, 9 November 2006 at the International Criminal Court in The Hague. It is scheduled to finish on 28 November. In principle all hearings will be held in public session, unless otherwise ordered by the Chamber.
Presiding Judge Claude Jorda opened the hearing and the charges were read by the Registry according to the Rules of Evidence and Procedure of the Court. All participants to the proceedings: the Prosecution, the Defence, and the Legal Representatives of the Victims will today make their opening statements. This will be the first time in international criminal law that victims have been able to participate in the proceedings.
In accordance with the 7 November “Decision on the Schedule and Conduct of the Confirmation Hearing” the presentation of evidence for the Prosecution will last from 10 to 16 November. The Prosecution will have the opportunity to address the charges against Mr Lubanga Dyilo, including evidence relating to the Union des Patriotes Congolais (UPC) and to the Forces Patriotiques pour la liberation du Congo (FPLC). On the 15 and 16 November sessions, one witness will also be examined by the Prosecution.
The Defence will then be given from the close of the session on Thursday 16 until 20 November to prepare for the examination of the witness. Monday 20 November and Tuesday 21 the Defence will counter-examine the Prosecution witness in public session. Until 27 November, the Defence will present its own list of evidence and discuss the list provided by the Prosecution.
Closing statements from all participants will be heard on 28 November. In accordance with Regulation 53 of the Regulations of the Court, the written decision of the Pre-Trial Chamber shall be delivered within 60 days of the date the confirmation hearing ends.
Background information
The confirmation hearing is a public hearing at which The Pre-Trial Chamber will decide whether or not to confirm the charges brought by the Prosecutor against Mr Lubanga Dyilo. The Pre- Trail Chamber can:
- confirm the charges for which it has found sufficient evidence;
- refuse to confirm charges for which it has not found sufficient evidence;
- adjourn the hearing and request the Prosecutor to provide further evidence or conduct further investigations; or finally,
- adjourn the hearing and request the Prosecutor to amend a charge if the evidence appears to establish a different crime than the one charged.
If the charges are confirmed, the Presidency of the Court will constitute a Trial Chamber responsible for subsequent hearings.
Mr Lubanga Dyilo is charged on the basis of individual criminal responsibility under Article 25 (3) (a) of the Rome Statute, of war crimes in the Democratic Republic of the Congo with:
- the war crime of enlisting children under the age of fifteen;
- the war crime of conscription of children under the age of fifteen;
- and the war crime of using children under the age of fifteen to participate actively in hostilities.
07.11.2006 - Decision on the schedule and conduct of the confirmation hearing
ICC-01/04-01/06-678The Official Journal of the International Criminal Court
(Basic Legal Texts)
Contact details
- ICC Public Information Office, Sonia Robla, Head, +31 (0)70 515-8089 or [email protected]
- ICC Public Information Co-ordinator in DRC, Paul Madidi, +31 (0)6 46 16 86 79, +243 99 80 11 403 or [email protected]
- ICC Office of the Prosecutor, Francisca Sumay, Public Information Liaison, +31 (0)70 515-8898 or [email protected]
- Defence Counsel, Jean Flamme, +31 (0)70 515-9105 or [email protected]
- Legal Representative of Victims, Luc Walleyn, [email protected]