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Alex Whiting, Lead Evidence and Discovery before the International Criminal Court: The Lubanga Case, 14 UCLA J. Int'l L. & Foreign Aff. 207 (2009).

Abstract: In this article, the author uses the case of The Prosecutor v. Thomas Lubanga Dyilo, the first trial of the International Criminal Court, to discuss the conflict between the Prosecution's right to obtain confidential "lead" evidence as stated in ICC Article 54(3) (e) and its responsibility to disclose potentially exculpatory evidence under Article 67(2). None of the statutes or rules of ICC tribunals provide clear guidance on how this conflict is to be resolved or articulate remedies when it cannot be. The author argues that the conflict will continue to be prominent at the ICC, that the Prosecution must have should adopt an approach to resolve the conflict in the rules that maximizes the Prosecution's ability to obtain lead evidence while protecting the rights of the accused.