Protection of Provider's Security in ICC Jurisprudence; An Exception to Offence Against The Administration of Justice or Misconduct Before The Court

One of the cases suspicious to “offence against the administration of justice” or misconduct before the court is the case of the Prosecutor vs. Thomas Lubanga Dyilo. The prosecutor in this case refused to carry out the court orders to disclosure evidence to the defendant and judges.
Prosecutor justified his action based on his responsibility to support providers and the terms of confidential contracts among them, which have been set up based on article 54(3)(e) of Statute. The Court ordered disclosure of evidences based on article 67(2) of Statute and article 77 of Procedure Law and required the prosecutor to obey this command.
But according to prosecutor’s justified reasons for disobedience of the court’s orders and his frequent attempts to get providers’ consent to disclose evidences and providing conditions for disclosure of similar evidences as much as possible, lead the trial court to not recognize his disobedience as offence against the administration of justice or misconduct before the court, and the appeals court to remind the trial court to respect prosecutor’s confidential contracts.