International Criminal Court: Decision on the confirmation of charges hearing

On Monday 29 January, at 3 p.m. Pre-Trial Chamber I of the International Criminal Court will hold a public hearing in The Hague to render its decision regarding the charges presented by the Prosecutor in the case of Mr Thomas Lubanga Dyilo. 

During the hearing the presiding judge, Claude Jorda will read a summary of the Chamber’s decision. The decision will be the result of the Chamber’s deliberations after the confirmation of charges hearing held on 9 to 28 November, 2006, in the presence of the Prosecutor, the suspect and his counsel and the representatives of the victims in the case.

Mr Lubanga Dyilo was charged by the Prosecutor on the basis of individual criminal responsibility with three war crimes: (i) enlisting children under the age of fifteen, (ii) conscripting children under the age of fifteen and (iii) using children under the age of fifteen to participate actively in hostilities.

There are several possibilities as to what decision the Pre-Trial Chamber will render. The Pre-Trial Chamber can:

• Confirm the charges for which it has found sufficient evidence in which the case will proceed to trial. Upon confirmation, the Presidency of the Court will constitute a Trial Chamber responsible for subsequent proceedings.
   
• Refuse to confirm charges for which it has not found sufficient evidence. That decision does not prevent the Prosecutor from presenting a subsequent request for confirmation of the charges on the basis of additional evidence.
   
• Adjourn the hearing and request the Prosecutor to provide further evidence or conduct further investigations.
   
• Adjourn the hearing and request the Prosecutor to amend a charge if the evidence appears to establish a different crime than the one charged.

Further information

• Special edition of CRINMAIL on the International Criminal Court