Case note: ICC (T. Ch. I) (Prosecutor (on the application of Victims) v Lubanga Dyilo (Thomas), Redacted Version of ‘Decision on the Prosecution’s Application to Lift the Stay of Proceedings’, Case no ICC-01/04-01/06)

Whether conflicts between Article 54(3)(e) of the Rome Statute of the International Criminal Court on the one hand, and Article 67(2) of the Rome Statute of the International Criminal Court and Rule 77 of the Rules of Procedure and Evidence on the other, could, with a view to ensuring the right of the accused to a fair trial, be resolved. Whether, and under what circumstances, could a stay of proceedings imposed for the failure to disclose to the Defence (potentially) exculpatory material be lifted.