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Journal of International Criminal Justice 2008 6(3):409-417; doi:10.1093/jicj/mqn042
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© Oxford University Press, 2008, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Editorial Comment on Stay of Proceedings in Lubanga

The ICC in Trouble

Heikelina Verrijn Stuart*

* Criminal lawyer and philosopher of law, working as legal commentator and publicist, Amsterdam. [verrijnstuart.vanhoucke{at}planet.nl]


  Abstract

The author discusses recent developments in the Lubanga case before the ICC, in particular, the decision of the Trial Chamber to order the stay of the proceedings and the release of the defendant in light of the expressed inability of the Chamber to ensure a fair trial. She argues that the Court's decisions constitute a reaction to the Prosecutor's investigative methods (notably, the fact that the OTP has primarily relied on documents obtained from the UN and NGOs and has accepted that persons working for NGOs were the exclusive intermediaries between the OTP and the victims and witnesses). More broadly, the article argues that there is too much tension between the various organs of the ICC. It criticizes the Prosecutor's Office for having been unable to carry out solid and independent investigations and for relying on materials provided by the UN, NGOs or other agencies.


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