Saturday, January 31, 2009

Witnessing: International Law in the Making

The trial of Thomas Lubanga Dyilo, which [opened] on Monday 26 January 2009 before Trial Chamber I of the International Criminal Court, will not only be the first in the history of the Court, but will also be the first one in the history of international law which will see victims participate fully in the proceedings.
In total, the judges have recognised 93 persons as victims for the purpose of participating in the case and the interests of these persons will be defended by eight legal representatives (lawyers).
Thomas Lubanga Dyilo, the first person to have been surrendered to the Court since its inception, is accused of having committed, as co-perpetrator, war crimes consisting of enlisting and conscripting of children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), and using them to participate actively in hostilities in Ituri, a district of the Eastern Province of the Democratic Republic of the Congo (DRC), between September 2002 and August 2003.
His trial will be held before Trial Chamber I, composed of Judges Adrian Fulford (United Kingdom of Great Britain and Northern Ireland), Presiding Judge; Elisabeth Odio Benito (Costa Rica); and René Blattmann (Bolivia). These independent magistrates will ensure that the trial is fair and expeditious and is conducted with full respect for the rights of the defence, the equality of arms and the principle of adversarial debate, having further due regard for the protection of victims and witnesses.

From the ICC's press release entitled Opening of the first trial of the Court on Monday 26 January 2009: for the first time in the history of international law the victims will fully participate in the proceeding.

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