Tuesday, 19 April 2011- The Defence called its last witness, Witness 36. Chief Mate was the 'head' of the first avenue in the Simbiliabo neighborhood in the town of Bunia. The witness, who gave most of his testimony in private session, denied that children from his district had been child soldiers in the UPC.

Wednesday, 13 April 2011- The next defense witness to take the stand is Mr. Pierre Lungi, the former Personal Secretary of Commander Bosco Ntaganda, who at the time was the Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), the armed wing of the group presided over by Thomas Lubanga. Today, Ntaganda is sought by the International Criminal Court, accused of committing the same crime as Mr. Lubanga - conscripting, enlisting, and using children under the age of 15 in hostilities during 2002 and 2003.  Bosco Ntaganda remains at large as the Chief of Staff of the Congrès National pour la Défense du People (CNDP), an armed group active in Congo's North Kivu province.

Tuesday, 12 March 2011- In Mr. Lubanga's next move to refute the allegations against him, he brought to the judges' attention the evidence of Mr. Origen Lokana Nyamukale, the Coordinator of the Hema self-defense forces in Ituri. The witness, who testified publicly via video link from D.R. Congo, emphasized the efforts made by the President of the UPC to demobilize under age children amongst the armed groups.

Thursday, 7 April 2011- The prosecution could do little to damage the consistency of the last defence witness' answers. Throughout five days of an insistent questioning, Mr. Balangui Jomba, the Deputy National Secretary for Interior and Customary Affairs in the UPC in 2002-2003, repeatedly denied all allegations that Thomas Lubanga had a military role in the UPC and that the group had a policy to recruit child soldiers.

Wednesday, 30 March 2011- After the Trial Chamber decided to reject the Defence's application on the abuse of process, Mr. Lubanga makes his next move. Now that his first bet has failed, his lawyers will focus on two fundamental arguments: firstly, that their client played no active role in the creation of the UPC military forces and therefore did not take part in a common plan to recruit child soldiers, and secondly, that Thomas Lubanga, "at the time he was responsible for them," did all he could to demobilize the minors. To support these thrusts, the Defence calls the National Deputy Secretary of Customary Affairs of the UPC during the indictment period (2002-2003).

Tuesday, 8 March- The Chamber's reasons to refuse Thomas Lubanga's Defence application to halt the trial are now public. In a written decision, issued confidentially on the 23rd of February, the judges said that ordering a permanent stay of the proceedings for abuse of process is an "undoubtedly drastic remedy to be reserved strictly for those cases that necessitate", citing as an example any action by the Prosecutor that threaten basic human rights of the accused. Having said that, the Chamber considered that in this case, the prosecutorial misconduct alleged by the Defence has not breached the rights of the accused to a fair trial by disabling "the accused from properly defending himself."

Thursday, 25 November 2010 - The Prosecution calls a new witness to refute Defence allegations of Intermediary 316's misconduct. Lubanga's lawyers maintain that the individual who helped the Office of the Prosecutor contact potential witnesses induced those witnesses to fabricate their testimonies.  Today, Witness 38, a former child soldier in the UPC allegedly led by Thomas Lubanga, comes back to the Hague to confirm that he told the truth.

A former investigator for the Office of the Prosecutor testifies on the allegations of misconduct against the Prosecution's intermediaries. Nicolas Sabire, who coordinated the activities of Intermediary 316, takes the stand to shed light on this individual's questioned behaviour. According to several Defence witnesses, Intermediary 316 bribed them into lying to the investigators by presenting themselves as child soldiers.

Friday, 12 November- The intermediary who helped the Prosecution contact potential witnesses reiterates that he never asked them to give false testimony, nor did he obtain financial gains as a result of his collaboration with the OTP. During his three-day testimony, the Defence of Thomas Lubanga has questioned Intermediary 316 about payments and salaries received while working with the Prosecution. A significant portion of the witness's testimony has been heard in private session to conceal his identity; redactions and continuous short pauses have made it extremely difficult for the audience to follow the proceedings and for journalists to report on it.

Tuesday, 9 November 2010- Intermediary 316 has been firm in his assertions. The individual who helped the Prosecution contact former child soldiers in Ituri has today denied all the accusations of bribery against him. "I am shocked, very shocked at the many lies and the use of forgeries in regards to me," said the witness, referring to the allegations made by an individual called Mr. X - it was not mentioned publicly, but in all likelihood, the unnamed person is Defence Witness 16, a former child soldier who previously testified in this court. The alleged corruption of evidence forms the Defence's request to dismiss the case on the grounds of abuse of process. It is now time for the Prosecution to rebut this argument.

Monday, 8 November 2010 - Today, a new witness appeared before the judges, presumably Intermediary 316, an individual who collaborated with the OTP in liaising with potential witnesses in Ituri, the northeastern province in the Democratic Republic of Congo. I say "presumably" because, as happened throughout last week, the intermediary has given his evidence entirely in private session. Regardless of the fact that the Prosecution guaranteed at the beginning of the hearing that it would conduct parts of the examination publicly, the public gallery has not heard a word during the day.

Lubanga Chronicle #99 Defense questions OTP Intermediary in private

Monday, 1 November 2010 - The intermediary who liaised with the Prosecution in facilitating contact with former child soldiers comes back to The Hague to continue his testimony. The witness, who worked for an organisation involved in the reunification of former child soldiers with their families and communities, takes the stand to challenge the allegations made against him. According to various Defence witnesses, he coerced the children into giving false testimony before the Court.

Tuesday, 26 October 2010 - The Lubanga trial is having difficulty restarting. Witnesses expected to testify this week are not ready once again. Problems with passports and visas, coupled with a few misunderstandings, impose more delays and provoke certain weariness in the Chamber. Today, Judge Fulford is obliged to reschedule the agenda with the Prosecution for the upcoming days.

Monday, 11 October 2010 - After the Appeals Chamber reversed the decisions to stay the proceedings and to release Thomas Lubanga on Friday, today Trial Chamber I set the new agenda. As part of its litigation on the abuse of process, the Office of the Prosecution will call seven witnesses, including two investigators and one intermediary to refute Defence allegations of misconduct. According to Lubanga's lawyers, the intermediaries who collaborated with the OTP bribed witnesses into giving false testimony.

Friday 8 October, 2010 - The Appeals Chamber of the International Criminal Court reverses Trial Chamber I's rulings to stay proceedings and to release Thomas Lubanga Dyilo. The judges consider that the Trial Chamber erred by resorting immediately to a halt of the trial without first imposing sanctions to bring about the Prosecutor's compliance with its orders. "Sanctions are a key tool for Chambers to maintain control of proceedings within the trial framework and to safeguard a fair trial without having to have recourse to the drastic remedy of staying proceedings," stated Judge Song.

Read the backgrounder

This is an introduction to the International Criminal Court and the cases against Thomas Lubanga and Germain Katanga & Mathiew Ngudjolo Chui; it includes the key players and key issues for each case.

5 October 2010 - The International Criminal Court, under the Rome Statute, has the obligation to protect witnesses during investigation and prosecution. When seeking justice, it is crucial that witnesses can testify in public, without fear for their security and privacy.

This issue became crucial in March 2010. According to Defense witnesses, a Prosecution intermediary incited them to lie to the Court, and the Chamber ordered the disclosure of his identity.

27 September 2010 - The Rome Statute, establishing the International Criminal Court, is the first treaty that considers sexual and gender-based violence as crimes against humanity and war crimes. This includes rape, sexual slavery, forced pregnancy and all other forms of sexual violence of comparable gravity.

In the case of Thomas Lubanga, accused of enlisting, conscripting and using child soldiers in conflict, sexual violence has also become a critical issue.

On Friday, 8 October, 2010, the Appeals Chamber of the International Criminal Court (ICC) is scheduled to deliver its Judgments on the Prosecutor's appeals against Trial Chamber I's decisions to stay proceedings in the case The Prosecutor v. Thomas Lubanga Dyilo, and to release the accused.

The Judgments will be delivered in open court, starting at 2:30 p.m. (The Hague local time). The session will be transmitted with no delay via web streaming on the ICC website:

Courtroom I (English): http://livestream.xs4all.nl/icc1.asx

Courtroom I (French): http://livestream.xs4all.nl/icc2.asx

On 8 July, 2010, Trial Chamber I of the ICC ordered to stay the proceedings in the case against Thomas Lubanga Dyilo, considering that the fair trial of the accused is no longer possible due to non-implementation of the Chamber's orders by the Prosecution. The judges had ordered the Office of the Prosecutor to confidentially disclose to the Defence the names and other necessary identifying information, of intermediary 143. Following the decision to stay the proceedings, Trial Chamber I ordered, on 15 July, the release of the accused. According to the judges, 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 ICC Prosecutor submitted two appeals against these decisions. On 23 July, the Appeals Chamber gave suspensive effect to the Prosecutor's appeal against the decision to release the accused.

Judges reject Prosecution's application to take testimony while proceedings are stayed

28 September 2010- Trial Chamber I at the ICC rejects the Prosecution's application to take testimony while proceedings are stayed pending a final decision by the Appeals Chamber. According to the judges, justice can no longer be done in this case whilst the Prosecutor continues to not implement the Chamber's orders if he is of the view that they conflict with his interpretation of his other obligations.

14 September 2010 -The victims' right to participate in international criminal proceedings is a unique aspect of the Rome Statute.  It distinguishes the International Criminal Court from other ad hoc tribunals.

For the first time in the history of international criminal justice, victims have become part of the judicial process, with the ability to offer testimony as witnesses and to exercise their right to reparation for their suffering.

The Lubanga trial, as the first case before the ICC, lays the foundation for this novel scheme.

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.

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.

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.

Thursday, 18 February 2010- The Defence of Thomas Lubanga goes to DRC "to conduct critical research"

The last two Defence witnesses complete their testimony without any information being disclosed to the public. Everything is held in private session.

Tuesday, 16 February 2010- Re-examination of Defence Witness adjourned for interpretation problems

The testimony of the fourth Defence witness is still a mystery. It's his second day on the stand but little is known about him.  Lubanga´s lawyers said that most of their evidence would be presented publicly. However yesterday, the Lead Counsel conducted her questioning entirely in private session.  Exhaustive protective measures have been implemented to conceal the witness´ identity.

Thursday, 11 February 2010 - Judge Fulford: "The Witness has broken down"

The hearing scheduled to begin at 9.30 is delayed. The Judges had to discuss "essential" matters before entering the courtroom. Judge Fulford greets the participants and gives the floor to Defence Counsel Marc Desalliers. The witness box is still empty. Mr. Desalliers tells the Chamber that during the course of the witness´ testimony yesterday, his client gave an answer that does not correspond to the English translation. Presiding Judge Fulford, who would rather avoid delay, asks the Counsel to solve this matter with the translators. It is almost 10 o´clock and the third Defence witness has not yet entered the court.

Wednesday, 10 February 2010- Defence Witness 04: "Child soldiers were enlisted in the UPC but it wasn´t Thomas Lubanga who recruited them."

There is a serious allegation which affects the heart of the Prosecution case:  that false testimonies were fabricated by intermediaries that collaborated with the Office of the Prosecutor.

Monday, 08 February 2010- Defence Witness 03: "Today I am saying the truth. I came here to correct my mistake"

The second Defence witness admits he lied to the Court in exchange for money: US$200 was the amount he received from an OTP intermediary for persuading his nephew to testify as a fake child soldier. The youngster, who testified as a prosecution witness, claimed to be a former fighter with Lubanga´s UPC.This is a fact that his own father, the first witness called by the Defence, denied categorically.