The Lubanga Case and Cooperation between the UN and the ICC: Disclosure Obligation v. Confidentiality Obligation

Abstract

During its first case, the International Criminal Court (ICC) faced several challenges. One of these challenges — which almost derailed the whole trial — was the implementation of the cooperation regime with the United Nations (UN), with specific reference to the conflicting obligations of the ICC to ensure disclosure of information to the Defence, on the one side, and to comply with the terms of the ICC–UN agreement excluding any disclosure, on the other. The author, former UN Assistant Secretary-General for Legal Affairs and representative of the UN in the Lubanga trial, provides his views on this tension, starting from the premise that the obligations of the two institutions (UN and ICC) are primarily spelled out in the Relationship Agreement between the ICC and the UN. The Lubanga trial thus provides important lessons for future proceedings at the ICC.