Friday, October 8, 2010

Breaking News: The OTP Prosecutor Dodges Another Bullet

The ICC Appeals Chamber, with Judge Sang-Hyun Song (Korea) presiding (above right)), ruled today that Thomas Lubanga Dyilo (above left) should not be released on account of the prosecutor's failure to comply with a court order to reveal the identity of an informant ("intermediary 143").
If you recall, on July 8, 2010, a Trial Chamber ordered a stay of the proceedings; a week later, it ordered the defendant's release. (See our prior coverage here & here).
Judge Song ruled today that while it was undisputed that the Prosecutor did not comply with a court order, releasing the defendant was not the appropriate remedy. Rather, the Trial Chamber should first impose sanctions on the Prosecutor to bring about compliance. He explained:
Sanctions are a key tool for Chambers to maintain control of proceedings within the trial framework and to safeguard a fair trial without having to have recourse to the drastic remedy of staying proceedings.
The full opinion is available here.

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