Gender Report Card on the International Criminal ... - YWCA Canada

Trial Proceedings
commenced on 26 January 2009. 1109 The
trial has been stayed twice by the Chamber:
in 2008, immediately prior to the scheduled
commencement of the trial, due to issues
concerning the Prosecution’s failure to disclose
evidence to the Defence; and in 2010, due to
the Prosecution’s failure to comply with the
Trial Chamber’s order to disclose the identity of
a prosecution intermediary to the Defence. 1110
On 20 May 2011, Trial Chamber I ordered the
closing of the presentation of evidence stage. 1111
On 25 and 26 August 2011, Trial Chamber I
heard the closing statements from the parties
and participants in the case, after which the
Trial Chamber began deliberations on the
proceedings and, within a reasonable period
as required by Article 74, 1112 will pronounce
1109 More detailed information about the Lubanga case is
available in the <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2008, 2009 and 2010,
available at .
1110 For more information about these issues, see <strong>Gender</strong>
<strong>Report</strong> <strong>Card</strong> 2008, p 42, 46, and <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010,
p 139-159.
1111 ‘Trial of Thomas Lubanga Dyilo: The presentation of
evidence stage is closed’, ICC Press Release, ICC-CPI-
20110520-PR671, 20 May 2011, available at , last visited on 28 October 2011.
1112 Article 74 provides that: ‘(1) All the judges of the Trial
Chamber shall be present at each stage of the trial and
throughout their deliberations. The Presidency may, on
a case-by-case basis, designate, as available, one or more
alternate judges to be present at each stage of the trial
and to replace a member of the Trial Chamber if that
member is unable to continue attending. (2) The Trial
Chamber’s decision shall be based on its evaluation of
the evidence and the entire proceedings. The decision
shall not exceed the facts and circumstances described
in the charges and any amendments to the charges. The
Court may base its decision only on evidence submitted
and discussed before it at the trial. (3) The judges shall
attempt to achieve unanimity in their decision, failing
which the decision shall be taken by a majority of the
judges. (4) The deliberations of the Trial Chamber shall
remain secret. (5) The decision shall be in writing and
shall contain a full and reasoned statement of the Trial
Chamber’s findings on the evidence and conclusions. The
Trial Chamber shall issue one decision. When there is no
unanimity, the Trial Chamber’s decision shall contain the
views of the majority and the minority. The decision or a
summary thereof shall be delivered in open court.’
its judgement. At the time of writing this
<strong>Report</strong>, the Trial Chamber has not yet issued its
judgement on the case.
On 17 June 2011, Jean-Chrysostome
Mulamba Nsokoloni, one of the common legal
representatives of victims in the Lubanga
case, passed away. At the start of the closing
arguments, Trial Chamber I observed a moment
of silence ‘in tribute to the life and work of
Maitre Jean Mulamba’. 1113 Mulamba was
admitted to the ICC’s List of Legal Counsel
in 2006 and has been a legal representative
of victims in the Lubanga case since 2008.
Presiding Judge Fulford showed appreciation for
Mulamba’s work as a legal representative stating
that
his submissions were always clear,
concise, to the point, and of real
assistance to the Chamber. He was a
distinguished member of the legal
profession of the DRC, and he provided
valuable service to this Court. I am
sure, therefore, that I speak on behalf
not only of the Bench but also the bar
and the court as a whole when I say
that his significant contribution will
be missed, and his untimely passing is
greatly to be regretted. 1114
1113 ICC-01/04-01/06-T-356-ENG, p 2 lines 8-9.
1114 ICC-01/04-01/06-T-356-ENG, p 1 line 25; p 2 lines 1-7.
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