【コンゴ】国際刑事裁判所（ICC）、設立後初の公判が開かれる ( アフリカ情勢 ) - 国際刑事裁判所(ICC)と日本

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詳しくはこちら

2009年1月26日、ハーグの国際刑事裁判所（ICC）でコンゴ公判がいよいよ始まりました。
これに伴い23日、ICCはプレスリリースを発出。

国際法史上初となる被害者参加型の国際刑事裁判が、遂に幕を開けました。

ちょっとプレスリリースを要約している時間はないので、今回はプレスリリースの転記だけ。

Opening of the first trial of the Court on Monday 26 January 2009: for the first time in the history of international law the victims will fully participate in the proceedings

The Hague, 23 January 2009

ICC-CPI-20090123-PR388-ENG

The trial of Thomas Lubanga Dyilo, which opens on Monday 26 January 2009 before Trial Chamber I of the International Criminal Court, will not only be the first in the history of the Court, but will also be the first one in the history of international law which will see victims participate fully in the proceedings.

In total, the judges have recognised 93 persons as victims for the purpose of participating in the case and the interests of these persons will be defended by eight legal representatives (lawyers).

Thomas Lubanga Dyilo, the first person to have been surrendered to the Court since its inception, is accused of having committed, as co-perpetrator, war crimes consisting of enlisting and conscripting of children under the age of 15 years into the Forces patriotiques pour la lib??ration du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), and using them to participate actively in hostilities in Ituri, a district of the Eastern Province of the Democratic Republic of the Congo (DRC), between September 2002 and August 2003.

His trial will be held before Trial Chamber I, composed of Judges Adrian Fulford (United Kingdom of Great Britain and Northern Ireland), Presiding Judge; Elisabeth Odio Benito (Costa Rica); and Ren?? Blattmann (Bolivia). These independent magistrates will ensure that the trial is fair and expeditious and is conducted with full respect for the rights of the defence, the equality of arms and the principle of adversarial debate, having further due regard for the protection of victims and witnesses.

During the hearings, the Office of the Prosecutor, whose lead counsel is Ms Fatou Bensouda, Deputy Prosecutor, will present all the evidence at its disposal, submitting to the attention of the judges a large number of the 1,671 documents which it has compiled in the case, as well as videos allegedly showing Mr. Lubanga in training camps in the company of recruits whose age seems to be below 15. It will also summon 34 witnesses, amongst whom three expert witnesses and alleged former child soldiers. The Defence counsel will then have the opportunity to cross-examine the witnesses of the Prosecution. It should be noted that a large number of these witnesses (19 in total) are subject to procedural measures of protection and that they will accordingly testify with respect for their anonymity (their image and voice will thus be distorted).

As soon as the Prosecution has finished its presentations, probably in some months, the Defence team, led by Catherine Mabille, will present exculpatory evidence in its possession. In support of its theses, the Defence will call a (to this day unknown) number of witnesses. These will be examined by the Defence and cross-examined by the Prosecution.

Monday’s hearing will start with the reading, by a Court official, of the charges against Mr. Lubanga. Judge Fulford will then satisfy himself, through the accused’s counsel, that the latter has understood the nature of the charges. He will further recall to the Defence that Mr. Lubanga has the opportunity to say at this stage whether he will plead guilty or not guilty, pursuant to 64 (8)(a) of the Rome Statute. The Court’s Prosecutor, Mr. Luis Moreno Ocampo, will then take the floor for an opening statement (duration: 1.5 hours approx.). He will be followed by the eight legal representatives of the victims (duration: 20 minutes for each intervention). Finally the Defence counsel will also proceed with opening statements (duration: 3 hours approx.), which will most probably continue on Tuesday. The schedule for the hearings may be found in the Media Advisory ICC-CPI-20090113-MA30-ENG of 13 January 2009.

The trial of Mr. Lubanga is expected to take several months. At the end of the hearings, the judges of Trial Chamber I will give their decision within a “reasonable period of time”. This decision will be pronounced in public: it will acquit or condemn the accused.

The various parties to the trial will, if need be, be able to appeal the decision before the Appeal Chamber of the Court.

公判情報「検察対トマ・ルバンガ・ディーロ」（英語）