ICTJ in the News

June 24, 2008

Congo-Kinshasa: ICC Lubanga Case and the Future

AllAfrica

ICC Lubanga Case and the Future

International Center for Transitional Justice (New York)

PRESS RELEASE
24 June 2008
Posted to the web 24 June 2008

The International Criminal Court's decision to halt the first case to come to trial does not diminish the gravity of the charges filed in any of the cases pending before the court or alter the fundamental importance of on-going investigations by the prosecutor's office, the International Center for Transitional Justice said Monday.

On June 24, the ICC is to hear arguments about the possible release of Thomas Lubanga, who is charged with war crimes for allegedly drafting children as militia members during fighting in the Democratic Republic of Congo in 2002-2003. No date has been set for the court issuing its ruling. The prosecution and the defense will have the right to appeal.

Earlier, the court ruled that the prosecution was obliged to share with the defense more than 200 documents that may contain information supporting Mr. Lubanga's claim of innocence. That evidence was originally gathered by the United Nations from sources that have not waived their confidentiality. The narrowness of the charges against him may render his case vulnerable in the light of such challenges.

"I urge the court, the prosecutor's office, the defense and the UN to find a way to use these documents in a way that is consistent with a fair trial," said Juan E. Méndez, president of the ICTJ. "These are early days for the court, and every party is exploring new ground."

The ICTJ sees the role of the court as an institution is to guarantee fair trials for persons charged with such serious crimes, and the vigilance of the judges is to be welcomed. The credibility of the ICC as a permanent institution does not rest on the outcome of any particular case.

The ICTJ supports the prosecutor office's continued investigations into possible war crimes and crimes against humanity in the DRC, Sudan and other states, where states do not exercise such a responsibility themselves.

In a formal statement earlier this month to the UN Security Council, the prosecutor of the ICC said he would soon seek new arrest warrants for serious crimes in the Darfur region of Sudan over the last five years.

The ICTJ believes the prosecutor's office should consider the possible impact of an arrest warrant. But this does not mean the court should avoid taking action against people - including heads of state - powerful enough to threaten mayhem. As an independent body, the prosecutor's office must weigh these factors carefully and ultimately take these decisions independently.

In Sudan, targets of potential new warrants may threaten to disrupt humanitarian missions or peace initiatives.

"These threats are inevitable, but it would be a mistake to yield to that kind of blackmail," said Mr. Méndez. "International justice mechanisms can serve the cause of peace, but only if we let them work as instruments of justice."

About the ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

"Congo-Kinshasa: ICC Lubanga Case and the Future" originally published on allAfrica.com.