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Situation in Democratic Republic of the Congo, Prosecutor (on the application of Victims) v Lubanga Dyilo (Thomas), Judgment on the appeal of the Prosecutor against the decision of Trial Chamber I entitled “Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008”, Case No ICC-01/04-01/06 OA 13, ICL 776 (ICC 2008), 21st October 2008, International Criminal Court [ICC]; Appeals Chamber [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 December 2020

Whether and in what circumstances the Prosecutor could rely on Article 54(3)(e) of the Rome Statute.

Whether and the manner in which—in the case of conflicts between Article 54(3)(e) and Article 67(2) of the Rome Statute—these should be resolved by the relevant Chamber of the Court.

Whether a stay of proceedings was an appropriate remedy where the unfairness to the accused was of such a nature that a fair trial may have become possible at a later stage.

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