On October 2, 2009 the Trial Chamber I issued the Decision “adjourning the evidence in the case and consideration of Regulation 55,” which means the trial will be delayed. Regulation 55(2) ensures that the accused has adequate time and resources to prepare for the case against him or her.

Specifically, the Chamber wrote, “Thomas Lubanga Dyilo should know whether or not the legal characterisation of the facts may be subject to change, so as to include the elements of sexual slavery, inhuman treatment and cruel treatment. Additionally, he is entitled to know whether or not any potential modification of the legal characterisation of the facts is to be limited by the facts and circumstances contained in the charges.” Citing these concerns, the Chamber delayed the case until the Appeal Chamber “resolve[s] this appeal.”