Statement on ICC Lubanga Appeal Decision

NEW YORK—Today’s decision by the International Criminal Court Appeals Chamber shows that it is still possible for Thomas Lubanga to receive a fair hearing in The Hague. The court’s decision underscores that suspending a trial should only be a measure of last resort, and that proper procedures must be followed by both sides.

The court has had to manage difficult tensions throughout this trial, balancing the rights of the defendant with the need to protect victims and witnesses. The controversy that gave rise to this appeal—over whether the prosecution was required to disclose the names of intermediaries—underscores the need for better management of protection measures to ensure the safety of people linked to these proceedings.