27 August 2010 - The role of intermediaries has become a critical issue in the trial against Thomas Lubanga. For months, they have been the target of allegations made by Defence witnesses in relation to their corrupt role in this case. The judges then decided to call two individuals - intermediaries 321 and 316 - to respond to the claims that they assisted Prosecution witnesses in falsifying evidence.

Thursday, 19 August 2010 - A Landmark Trial in the Hands of the Appeals Judges

The future of the ICC´s first trial is hanging by a thread. Four judges at the Appeals Chamber will decide the fate of one man, the Congolese warlord Thomas Lubanga Diylo, and whether to continue a case that seeks to deliver justice for the victims of heinous crimes committed in the Ituri region between 2002 and 2003. These victims are largely children, turned into soldiers in the war that the Hema militia, the Union of Patriotic Congolese, led by Mr. Lubanga, waged against its Lendu enemy. After the Chamber hearing the case ordered the "unconditional" stay of proceedings and the Accused´s release, it is now the responsibility of the Appeals judges to avoid a startling end to this landmark trial. Mr. Lubanga is in detention pending the outcome of the Prosecution´s appeal.

15 July 2010 Judges order the release of Thomas Lubanga

Today, Trial Chamber I of the International Criminal Court ordered the release of Thomas Lubanga Dyilo as "an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected." The Judges had previously determined that a fair trial was no longer possible due to the Prosecutions' refusal to implement the Chamber's decisions. On 8 July, the Judges imposed an unconditional stay on the proceedings because of an abuse of process of the Court.

Thursday, 8 July- Judges Suspend Proceedings as Prosecutor Breaches Chamber´s Orders

Judges announce they won´t hear further evidence in the case The Prosecutor v. Thomas Lubanga Dyilo, asserting that the fair trial of the accused is no longer possible due to non-implementation of Chamber's decisions by the Prosecution. The Judges had ordered the material disclosing the identity of Intermediary 143 to be confidentially provided to the Defence -limited to Counsels, assistants, and the resource person in the DRC -- and under the condition that the information won´t be used for investigative purposes. The disclosure was never effected by the Prosecution.

Wednesday 7 July 2010- Judges order OTP Intermediary´s Identity to Be Disclosed to Thomas Lubanga

The matter of the still unknown identity of Intermediary 143 interrupts the proceedings today. It is such a controversial issue that the Trial Chamber needs to hear today's entire session before a final decision is reached: the material that discloses the identity of Intermediary 143 has to be provided to the Defence team.

Wednesday, 30 June 2010 - OTP Intermediary denies he bribed former child soldiers into giving false testimony against Thomas Lubanga

The intermediary who collaborated with the Prosecution in facilitating contact with former child soldiers comes to The Hague to challenge the allegations made against him. According to various Defence witnesses, he coerced the children into giving false testimony before the Court. As part of the in-court protective measures granted by the Bench, the witness testifies with the pseudonym "Intermediary 321" and his voice and face are distorted.

Monday, 28 June 2010- OTP Intermediary 321 to respond to allegations of falsifying evidence

For months, they have been the target of allegations made by Defence witnesses in relation to their corrupt role in this case. Now it is time for them to respond to the claims that they assisted Prosecution witnesses in falsifying evidence. Pursuant to the Chamber´s instructions, the Prosecution calls intermediaries 316 and 321 as witnesses in the case against Thomas Lubanga Dyilo, accused of conscripting, enlisting and using child soldiers in conflict.

Friday, 18 June 2010- OTP Representative testifies on the alleged corruption of evidence

A field liaison coordinator for the Office of the Prosecutor (OTP) is the first of six individuals - three intermediaries and three representatives of the OTP - who the judges ordered to testify on the alleged corruption of evidence. According to various Defence witnesses, the intermediaries who collaborated with the investigators corrupted the case by instigating or assisting Prosecution witnesses with giving false testimony before the Court. As a result, Lubanga´s lawyers announced that they would be asking the Chamber to dismiss the charges against their client on the grounds of abuse of process.

Thursday, 3 June 2010 - OTP Investigator will testify on 14 June

At 9.30 am, the Prosecution complies with the Chamber´s demands and provides the schedule of the investigators who will testify regarding the intermediaries. The Prosecution identified three individuals as the most appropriate persons - the former investigation team leader and the two investigators who dealt regularly with intermediaries 316 and 321 - but none are currently in Europe.

Wednesday, 2 June 2010- Further Delays in OTP Investigator´s Testimony

Today at 9.30 am was the deadline, set by the Chamber, for the Prosecution to confirm the availability of the investigator who will testify on the allegations made by the Defence against the intermediaries. However, the Prosecution appears in court "empty handed."

Tuesday, 1 June 2010- Defence calls its last witness in support of the abuse of process application

In its attempt to discredit Prosecution witnesses´ testimonies, the Defence has provided various school reports to show that at least seven witnesses who claimed to be child soldiers in the UPC lied about the schools they attended.

Monday, 24 May 2010 - The Defence explores contradictions in former Prosecution Witness´s testimony

The Defense concludes the cross-examination of Witness 297, pointing out one difference after another between the testimony the witness has given in Court and the information he provided to the ICC investigators in 2008.

Thursday 20, May 2010 - Judges: "Prosecution Representative's remarks prejudice the public´s understanding of the trial and bring the Court into disrepute"

In a solid decision, the judges in the Lubanga trial criticise the content of the press interview with the Prosecution Representative, Ms. Beatrice Le Fraper du Hellen, published on Lubangatrial.org in March 2010. In the document, the Chamber "deprecates" Ms. Le Fraper du Hellen´s remarks by declaring that they misrepresented the evidence, criticised the Accused without foundation and intruded on the judges' role by expressing views on matters that have not yet been decided.

Tuesday, 18 May 2010 - Former Prosecution Witness 297 questioned on OTP intermediary´s role

Prosecution Trial Lawyer Nicole Samson continues the examination of Witness 297, a former Prosecution witness who claimed to be a child soldier in the UPC. The witness, scheduled to testify against Thomas Lubanga, had given a statement contrary to the Prosecution's position on the use of intermediaries, a point that Ms. Samson wants to explore today.

Monday, 17 May 2010 - Former Prosecution Witness 297: Lubanga´s brother asked me to say I have never been a child soldier

A former Prosecution witness, Witness 297 tells the Judges he received pressure from Thomas Lubanga´s supporters to change his testimony. "Lubanga´s brother told me that once I was here I had to say I had never been a child soldier," says Witness 297. "And were you a child soldier?" asks Counsel for the Prosecution, Ms. Samson. "Yes, I was the bodyguard of [the Chief of Staff of the UPC, Floribert] Kisembo."

Thursday, 13 May 2010 - Two Defence witnesses remain before Lubanga´s lawyers ask to stop the trial

The eighteenth Defense witness completed his testimony on Tuesday and concluded an intriguing story of stolen identities. Mr. Adel Adubango, the current headmaster of the school in Mahagi that the two former UPC child soldiers, Tonyfwa Urochi (Defence Witness 32) and Jean Paul Bejijo Chonga (Defence Witness 33), attended, received a telephone call that revealed some clues.

Wednesday, 5 May 2010 - Two identities and just one name

The pieces start fitting together as the trial goes on. The Defence confirms why Dieudonne Tonyfwa Urochi (Witness 32) testified via video link from Bunia on 27 April - the Congolese authorities informed them that a passport had been issued for another individual with the same name.  Dieudonne Tonyfwa Urochi was already in The Hague.

Tuesday, 4 May 2010 - Defence Witness 15's evidence held in private

Defence Witness 15 completes her testimony without any information being disclosed to the public.  Her entire evidence was held in private session. The woman testified under protective measures with her image and voice distorted in order to conceal her identity and to protect her against any possible retaliation.

Monday, 3 May 2010 - Pieces of a puzzle

Determined to undo what seems to have become a tangled web, Lubanga´s lawyers now challenge the credibility of the participating victims who have testified before the Court. The Defence's evidence shows that the identity of two former UPC child soldiers - Defence Witnesses 32 and 33 - was stolen by an individual, presumably the head teacher of their school and the first participating victim to take the stand in early January.

Wednesday, 28 April 2010 - Defence attempts to discredit participating victims

The Lubanga trial resumes a day earlier than expected. Presiding Judge Fulford reopens the case by apologising for the unforeseen delay and announces that the Legal Representatives of the victims will examine the next Defence witnesses, Witness 32 and Witness 33. Lubanga´s lawyers intend to use both testimonies to discredit a  participating victim who testified before the court in early January. "The interest of the victims is clear, so they are entitled to put [forth the witnesses'] questions relevant to the case," says Judge Fulford. Thus today, the Legal Representative of the victims will question Witness 32 immediately after the Defence´s examination in chief.

Monday, 26 April 2010 - Lubanga Trial to resume on Thursday 29 April

The Lubanga trial will commence following the spring judicial recess on Thursday 29 April.  Proceedings were originally scheduled to commence on the 21 April, but the flight chaos across Europe meant that two of the Trial Chamber I Judges were prevented from travelling back to The Hague in time for the reopening.  Though the hearing was expected to resume today, the assignment of Presiding Judge Fulford and Judge Odio Benito to the Bemba case has caused further delay.

Wednesday, 31 March 2010 - Prosecution goes back to Witnesses 297 and 298

Prior to returning to the evidence given by Defence Witness 14, the morning hearing focuses on two witnesses to whom the Prosecution team wants to go back: Prosecution witnesses 297 and 298.

Tuesday, 30 March 2010 - Defence Witness 14 testifies via video link from Ituri, DRC

The hearing resumes after a tedious week during which the Defence presented most of its evidence in private. Today, Lubanga´s lawyers call the thirteenth witness, Witness 14. But there is nobody in the witness box. Witness 14 testifies via video link from Ituri, in the Democratic Republic of Congo (DRC).

Tuesday, 23 March 2010- Defence Witness 23: "I am here to help you to clarify things because we do not like dishonesty."

The Prosecution challenges the eleventh defence witness´s testimony. Witness 23, who claimed to be registered as a demobilised fighter, seems to have lied to the CONADER officers, the national program for disarmament, demobilisation and reinsertion of ex-combatants. According to the Prosecution, Witness 23 assumed the identity of another individual to receive some money and demobilisation card from the CONADER offices. The document was issued in April 2005.

Monday, 22 March 2010 - Lubanga Chronicle #71 Truth or Lies? The Questions Continue

Prosecution Witness 15 continues giving evidence. Throughout his testimony, the witness has claimed that an intermediary who cooperated with the Office of the Prosecutor encouraged him to fabricate lies. Witness 15 gave a similar account when he appeared in court for the first time on 16 June 2009. At that time, he said the information he had given to investigators was false. His testimony was suspended and the Chamber ordered a fresh statement to be taken.

Thursday, 18 March 2010 - Prosecution Witness 15: "OTP Intermediaries wanted to mock the Hema ethnic group"

Prosecution Witness 15 adds other ingredients to the question of the intermediaries. In the witness´s view, the individuals that cooperated with the Office of the Prosecutor and unduly influenced witnesses to tell lies had a clear motivation: mocking the Hema ethnic group.

Wednesday, 17 March 2010 - Prosecution intermediaries in the eye of the storm

A news report about the trial gatecrashes the court proceedings. The Lubanga Defence team brought to the Chamber´s attention an interview that Béatrice Le Fraper du Hellen, Head of the Jurisdiction Complementarity and Cooperation Division of the Office of the Prosecutor, gave to the press a couple of days ago. In the story the journalist quotes  Ms. Le Fraper du Hellen as stating that the Prosecution intermediaries "are very committed persons, very supportive of international justice," and that the Defence´s allegations will be refuted by the Prosecution in court. Throughout its case, Lubanga´s lawyers have claimed that the intermediaries who cooperated with the Office of the Prosecutor persuaded witnesses to fabricate testimonies. "The intermediaries are the ultimate line of defense for the Defense because they have no other argument [...] They haven't proven that," Ms. Le Fraper du Hellen is quoted as saying, adding: "Nothing is going to happen. Mr. Lubanga is going away for a long time."  Her comments irk the Lubanga Defence team and the three Judges.

Thursday, 11 March 2010 - Defence tries to neutralise prosecution witness

Lubanga´s lawyers call the ninth witness: a school teacher from Bunia in Ituri whose evidence seems to discredit a previous Prosecution witness.  Although "his friend´s" links to this case were not public, it is likely that his schoolmate testified as a former UPC soldier.  In the opening for the Defence´s case, the lawyers advanced their intention to demonstrate that all individuals presented as child soldiers deliberately lied before the court.  "Six of them were never child soldiers; the seventh lied about his age and the conditions under which he was enrolled and the eighth never belonged to the UPC," said lead counsel Catherine Mabille.

Wednesday, 10 March 2010 - Prosecution: Defence Witness 16 is lying

The prosecution´s questioning casts serious doubts on the credibility of the eighth defence witness.  Witness 16, who testified that he lied to the ICC investigators, has been backed into a corner.  For the last four years he never once told the Office of the Prosecutor that he had fabricated his evidence.  Why should he be believed now?  The Prosecution´s argument is clear: the witness is lying now.

Tuesday, 9 March 2010 - Prosecution: The money provided to the defence witness was not in return for any information.

Lubanga´s defence continues questioning Witness 16.  "Yesterday you mentioned you said lies to the OTP investigators.  You planned to say, ´he enlisted children in the army´," says Mr. Biju-Duval.  "What army you were referring to? And when you talked about ´he´, who you were alluding to?" asks the lawyer.  "This is what I said," says the witness, "we prepared lies and I was supposed to say I saw Thomas Lubanga enlisting children in the UPC army."

Monday 8 January 2010- Defence Witness 16: "We planned to say Thomas Lubanga had enrolled children in the army"

Today, Ms. Samson resumes her cross examination of the seventh defence witness. "Yesterday you said you joined the UPC in order to defend your community. Did somebody ask you to do so?" asks Ms. Samson.

Friday, 5 March 2010-  Prosecution unaware of witness´s membership of the UPC

The Defence team calls the 7^th witness, a former UPC soldier whose account catches the Prosecution off guard: according to Ms. Nicole Samson, the information about the witness´s ties to Lubanga´s group has been "deliberately removed" from the summaries the Defence provided to the OTP.

Thursday, 4 March 2010- Prosecution shows Defence Witness pictures of UPC top ranks

Private sessions dominate the hearing once again. The Defence has finished with its sixth witness but little is still known about him. Today, the Prosecution cross-examines Witness 26, a former soldier of Thomas Lubanga's Union of Congolese Patriots (UPC).

Wednesday, 3 March 2010 -Former UPC soldier commences his testimony in private

The trial resumes after a break of two weeks during which, the Defence of Thomas Lubanga was to travel to the Democratic Republic of Congo to conduct additional research. Today the sixth Defence witness takes the stand, but as it happened with previous testimonies, his evidence is heard in private session. Due to security concerns, Witness 26 testifies under protective measures, with his image and voice distorted.