THE HAGUE—Prosecutors sought on Tuesday to get the first trial of the International Criminal Court back on track after judges suspended the case against a suspected Congolese militia leader in a blow to the new tribunal.
Representatives of victims of Thomas Lubanga's alleged crimes warned the court that the release of the former warlord could reignite conflict in Congo and hurt other cases.
The prosecution is appealing a decision taken by the world's first permanent war crimes tribunal last week to suspend proceedings against Lubanga due to concerns he could be denied a fair trial as the defence cannot view some evidence against him.
The court called a public hearing on Tuesday to consider Lubanga's release. But Judge Adrian Fulford told the court he first had to consider the prosecution's request for an appeal and said he hoped to rule on that application next week.
Lubanga's defence told the court that the halt to proceedings should automatically trigger his release. But Carine Bapita Buyangandu, a lawyer representing victims, said this could "set fire" to Congo's volatile eastern Ituri region. "There will be a fire ball in Ituri and we will all be held accountable throughout history for this," she said. "People will be seeking revenge in the community of Thomas Lubanga."
Lubanga, who has been in custody in The Hague awaiting trial since 2006, is accused of enlisting and conscripting children under the age of 15 in Ituri. He denies the charges.
The halt to his trial that had been due to start on Monday was seen as a major setback for the court set up in 2002, which now has 106 member states and is also investigating crimes in Sudan's Darfur region, Uganda and the Central African Republic.
Justice for Victims
At issue is the fact the prosecution cannot share with the defence documents from the United Nations and other sources that could help Lubanga's case because they were provided on the condition of confidentiality to protect sources on the ground.
The prosecution said the trial should be allowed to continue because the United Nations had now agreed to let the judges view most of the material, but Judge Fulford said the court was unlikely to agree to the strict conditions currently demanded.
Chief prosecutor Luis Moreno-Ocampo said he was confident the problem could be resolved in the coming weeks so the trial could finally get under way in September: "There will be justice for Lubanga's victims," he said in a statement.
Mariana Pena, from the Paris-based International Federation of Human Rights, said Lubanga's imminent release was unlikely.
"We are hoping that the trial will take place but we hope that the issues will be resolved. We work for the rights of victims but we are very much in favour of seeing the rights of the accused respected," she said.
Luc Walleyn, another lawyer representing victims, said how the court decided to balance the rights of the accused and the prosecution with regards to access to such confidential evidence was crucial for the future of international justice.
"We are at a crossroads," he told the court. "Everybody here has a responsibility to make sure that an excess of justice doesn't lead to injustice."
Lubanga's lawyer Jean-Marie Biju-Duval said the court should resist suggestions his client's release could stoke violence.
"Justice is not against peace. There can not be any justice without a strict application of the law," he said.
The court was due to hold a hearing on Friday to confirm charges in its case against its two other detainees, former Congolese warlords Germain Katanga and Mathieu Ngudjolo, accused of murder, sexual slavery and using child soldiers.
But the defence has also requested a halt to this case as the prosecution is using the same confidential evidence.
Experts estimate that 5.4 million people have died in a decade of violence in Congo, mainly through hunger and disease.
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