Dear all,

Find below information related to the International Criminal Court's
investigation in the Democratic Republic of Congo.

In this message you will find information on the ICC Appeals Chamber's
decision today to grant the suspensive effect of the Prosecution's
appeal against "Decision on the release of Thomas Lubanga" whereby the
accused will remain under custody of the ICC pending the final
decision on the appeal; a press statement from CICC member, REDRESS,
on the court's order last week for Lubanga to be released from
detention over a delay in his war crimes trial; and related news
coverage of these developments.

Please take note of the Coalition's policy on situations before the
ICC (below), which explicitly states that the CICC will not take a
position on potential and current situations before the Court or
situations under analysis. The Coalition, however, will continue to
provide the most up-to-date information about the ICC.

Best regards,
Sasha Tenenbaum
CICC Communications
[email protected]

I. MEMBER PRESS STATEMENT

"War Victims in DRC Shocked at ICC Decision to Release Lubanga,"
REDRESS Press Statement, 3 July 2008,
http://www.redress.org/news/08-07-03 Lubanga ICC - REDRESS Press Release - FINAL.pdf
Also available in French at:
http://www.redress.org/news/Lubanga releaseFINAL francais.pdf

"Yesterday, 2nd July 2008, a Trial Chamber of the International
Criminal Court(ICC) issued its decision to grant unconditional release
to Thomas Lubanga Dyilo. Lubanga, the leader of the UPC (Union des
patriotes congolais) has been accused of war crimes, specifically
enlisting and conscripting child soldiers and using them to
participate actively in hostilities, during the 2002-03 conflict in
Ituri, Democratic Republic of Congo (DRC).

Survivors of the conflict living in Ituri expressed their shock,
frustration and dismay yesterday when they heard of the ICC's
decision. They do not dispute the importance of a fair trial and
understand that this is an essential right of all parties in the
proceedings, including the accused. However, this understanding does
not heal the pain of having Lubanga released before he has been
properly and fairly tried.

Yesterday, several of the survivors said that they in fact felt
`re-victimised' by the consequences that the ICC's decision may now
have on their security, hopes for peace and need for justice. The
survivors now say they feel `abandoned' by the international community.

The concerns expressed included:

The trial before an international body had raised hopes: it was
perceived by survivors as a pivotal step in the fight against
impunity. This was particularly the case, given the absence, at this
stage, of sufficient capacities in DRC's institutions to try those
alleged to have been responsible for war crimes and crimes against
humanity.

Survivors saw the trial of Lubanga by the ICC as a necessary component
to restore a durable peace in Ituri and in DRC in general.

Survivors hoped that, for the first time in the history of
international justice and, as provided for in the ICC Statute, they
would be able to, eventually, claim and possibly obtain reparation for
the crimes committed against them, had Lubanga been found guilty.

Security Concerns: The survivors, in particular those who chose to
participate in the proceedings against Lubanga, but also members of
local civil society groups who are tirelessly assisting them, are now
terrified. The people in Ituri fear that the release of the ex-militia
commander will exacerbate ethnic tensions in Ituri.

The ICC is urged to take this situation into account, and implement
all security measures that may now be necessary as a consequence of
the Court's decision.

The survivors still want to believe that the ICC Office of the
Prosecutor will do its utmost to find a solution to the present
situation. This underlies the importance of the duty of the Prosecutor
to investigate carefully from the widest array of sources. Similarly,
the survivors trust that the ICC Appeals Chamber will explore all
means and alternatives necessary to guarantee that Lubanga can be, at
last, fairly tried."

II. ICC PRESS RELEASE

"The Appeals Chamber gives suspensive effect to the appeal against the
decision on the release of Thomas Lubanga," ICC Press Release
ICC-CPI-20080707-PR338-ENG, 7 July 2008,
http://www.icc-cpi.int/press/pressreleases/400.html

"Today, the Appeals Chamber of the International Criminal Court
granted the suspensive effect of the Prosecution's appeal against
`Decision on the release of Thomas Lubanga.' Therefore the accused
will remain under custody of the ICC pending the final decision on the
appeal.

The reasons for the decision taken today by the Judges will be given
shortly by the Appeals Chamber.

On 2 July 2008 Trial Chamber I ordered the release of Mr Thomas
Lubanga. According to the Judges, the release was the `logical
consequence' of the stay on the proceedings imposed on 13 June 2008,
as it is at present impossible to secure a fair trial for the accused.
No finding was made so far as to his guilt or innocence. However, the
order granting release should not be enforced until the expiry of the
five day time-limit for the filing of the appeal.
Prosecution filed an appeal against this decision and requested Urgent
Application for Suspensive Effect of the appeal on 2 July 2008…."

III. MEDIA COVERAGE

i. "DRC: UN invited to cooperate fully with ICC," Documentation et
Informatique pour l'Afrique, 4 July 2008,
http://www.dia-afrique.org/suite.php?newsid=6445 (in French)

"The Coalition for the ICC in the Democratic Republic of Congo
(CN-CPI) invites the UN to demonstrate its willingness to promote
peace and security by cooperating fully with international justice in
the case of Thomas Lubanga Dyilo.

The CN-CPI is thus reacting to the 2 July 2008 Trial Chamber I
decision ordering the release of Thomas Lubanga Dyilo [Implementation
of the decision is pending].

In a press statement issued by the CICC last week: `Today's decision
will have negative repercussions on the ground, with regards to both
the perception of the ICC as well as that of the real will of the
United Nations to fight against impunity for international crimes,'
says Christian Hemedi, coordinator of the DRC national coalition.
`With regard to the Congolese people and the victims in particular,
they will most certainly be disappointed by this news. They will also
have the feeling that they have been abandoned by both the Court and
the United Nations in their quest for justice,' declared this
regrouping of 150 NGOs...."

Translation is informal and provided by the CICC Secretariat.

ii. "DR Congo war crimes accused Lubanga kept in detention: court," 7
July 2008, Agence France Presse,
http://news.yahoo.com/s/afp/20080707/wl_africa_afp/warcrimesdrcongoicclubanga_080707185710

"Former Democratic Republic of Congo militia chief Thomas Lubanga will
remain in detention after the International Criminal Court (ICC)
granted a prosecution bid Monday to suspend his release.

The appeals chamber granted an application by prosecutors for Lubanga
to remain in custody pending the outcome of its appeal against the
court's decision to free him, a court document said.

`The request for suspensive effect of the appeal ... is granted.'

The court last week ordered Lubanga to be released from detention over
a delay in his war crimes trial.

...Lubanga subsequently applied for his release, saying there were no
legal grounds to hold him.
The office of chief prosecutor Luis Moreno-Ocampo has said it was
confident the trial would nevertheless begin in September...."

iii. "Congolese Politician Goes Before International Court," 5 July
2008, by Marlise Simons (New York Times),
http://www.nytimes.com/2008/07/05/world/africa/05hague.html?_r=1&oref=slogin&pagewanted=print

"...This week the office of the prosecutor, Luis Moreno-Ocampo, had a
serious setback in another case linked to Congo.

On Wednesday, judges ordered the release of another Congolese warlord,
Thomas Lubanga, just as his trial was about to begin. It was to have
been the very first trial since the permanent criminal court was
created in 2002.

Judges ruled that mishandling of the evidence by the prosecutor's
office meant that Mr. Lubanga could not receive a fair trial. The
prosecution has appealed the decision, and Mr. Lubanga will have to
stay in the court's prison in The Hague while the appeal is considered.

The Lubanga episode has prompted surprise and discomfort in the large
legal community of this city. It also cast a shadow over this week's
marking of the 10th anniversary of the Rome Statute, which created the
court."

***********************
CICC's policy on the referral and prosecution of situations before the
ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the
International Criminal Court as a fair, effective, and independent
international organization.

The Coalition will continue to provide the most up-to-date information
about the ICC and to help coordinate global action to effectively
implement the Rome Statute of the ICC. The Coalition will also endeavor to
respond to basic queries and to raise awareness about the ICC's trigger
mechanisms and procedures, as they develop. The Coalition as a
whole, and its secretariat, do not endorse or promote specific
investigations or prosecutions or take a position on situations before the
ICC. However, individual CICC members may endorse referrals, provide legal
and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.

Communications to the ICC can be sent to:
ICC
P.O. box 19519
2500 CM the Hague
The Netherlands