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Updates and Developments
This page features the latest developments related to each organ of the Court. For more detailed information as well as the official Court documents and decisions, visit the ICC Website
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Judges reject request to amend Ruto/Sang charges
On 16 August, Pre-Trial Chamber II rejected the prosecution’s request to amend the charges against Ruto and Sang by broadening the temporal scope in relation to crimes allegedly committed in the greater Eldoret area on 30 and 31 December 2007, deciding that it would be unfair to the defense and compromise the rights of the accused.
Prosecutor appeals delay in Laurent Gbagbo trial decision
The prosecutor has appealed a 3 June decision by Pre-Trial Chamber I to delay deciding whether the case against Laurent Gbagbo will move to trial, citing the misinterpretation and misapplication of certain Rome Statute articles. Judges have requested the prosecutor to consider providing further evidence or conducting further investigations by 15 November 2013.
Submissions on location of Kenyatta trial
In August, the parties and participants in the trial of Kenyan President Uhuru Kenyatta filed observations on where the Court will sit for the trial, which is set to open on 12 November. The defense submitted that it does not object to holding the opening or other portions of the trial in Kenya or Tanzania, with the Registry stating that this would be feasible in terms of preparation. However, the common legal representative of victims indicated that the majority of victims were of the view that the trial should be held in The Hague, concerned that witnesses and others participating in the trial would be more likely to be subject to intimidation and other inappropriate influence in or near Kenya.
Prosecutor appeals decision to excuse Ruto from continuous presence at trial
On 29 July, the prosecutor appealed a decision to allow Ruto to be partially absent from his trial, arguing that it incorrectly interprets the Rome Statute and violates the principle of equal treatment under the law. Pending the outcome of this appeal, Ruto is required to attend all hearings in person.
Libyan request to suspend surrender of Saif Gaddafi rejected
On 18 July, the Appeals Chamber rejected Libya’s request to suspend the surrender of Saif Gaddafi to the Court while a final decision is pending on its challenge to the admissibility of case. In May, Pre-Trial Chamber I had decided Gaddafi must be transferred and tried at the ICC. On 23 July, Gaddafi’s defense requested Pre-Trial ChamberI to find that Libya has failed to cooperate by deliberately refusing to surrender him to the Court and to refer the matter to the UN Security Council.
Termination of proceedings against Jerbo under consideration
On 18 July, following the reported death of Saleh Mohammed Jerbo Jamus in Darfur, a status conference was held to consider terminating the ICC proceedings against him, or to sever the case from co-accused Abdallah Banda Abakaer Nourain. A decision is pending.
Bemba’s defense to conclude by 25 October
On 16 July, Trial Chamber III decided that the defense in the trial of Jean Pierre Bemba should conclude its presentation of evidence by 25 October.
Judges decide Ruto/Sang trial to take place in The Hague
On 15 July, the plenary of judges rejected a joint request by Kenyan Deputy President William Ruto and broadcaster Joshua Sang to hold their trial in Kenya or Tanzania, deciding that the trial would commence in The Hague on 10 September.
Ruto/Sang trial to take place in The Hague
On 15 July, it was announced that ICC judges had decided that the opening of the Ruto/Sang trial would take place in The Hague. The judges, voting in a plenary session, did not reach the required two-thirds majority necessary for a decision to change the location of the hearing. They stated that while in principle in favor of bringing ICC proceedings closer to the affected communities, they had reached their conclusion taking into account security, the cost of holding proceedings outside The Hague, the potential impact on victims and witnesses, the length of the proceedings, the potential impact on the perception of the Court and the impact on the its ability to conduct and support other proceedings that are taking place simultaneously at the Court.
Kenyatta trial to open on 12 November 2013
On 20 June, Trial Chamber V (B) rescheduled the start of the Kenyatta trial from 9 July to the 12 November to allow the defense more preparation time and for scheduling and logistical considerations.
Ruto excused from continuous presence throughout trial
On 18 June, ICC judges conditionally granted the request of William Ruto to be excused from being physically present continuously throughout his trial in order to accommodate his functions as Kenya’s deputy head of state. He is however required to be present for certain key hearings. In a dissenting opinion, Judge Olga Herrera Carbuccia argued that under the Rome Statute all accused persons must be present at trial regardless of their official capacity. The prosecution has indicated that it will appeal.
Ntaganda confirmation of charges set for 10 February 2014
On 17 June, Pre-Trial Chamber II postponed the confirmation of charges hearing in the Bosco Ntaganda case to 10 February 2014, granting a prosecution request for more time to prepare the case that had been dormant for many years.
Non-availability of witness delays Bemba defense
On 5 June, the trial of Jean-Pierre Bemba resumed following three weeks of interruption due to the non-availability of witnesses after the defense had removed 13 witnesses from its list. The defense must present all of its witnesses by 25 October 2013.
Judges delay decision on Laurent Gbagbo trial
On 3 June, Pre-Trial Chamber I delayed issuing a decision on whether the case against Laurent Gbagbo would move to trial, due to insufficient evidence. Judges requested the prosecutor to consider providing further evidence or conducting further investigation by 15 November 2013, emphasizing however that the evidence did not appear to be so lacking that it left them with no choice but to decline to confirm the charges. On 11 June, PTC I rejected Gbagbo’s challenge to the admissibility of the case before the Court, concluding that there was no evidence he was being prosecuted in Côte d’Ivoire for any crimes. An arrest warrant for Simone Gbagbo is still outstanding, while she remains in the custody of the Ivorian authorities.
Ruto/Sang trial to begin 10 September 2013 | Possible hearings in Kenya or Tanzania
On 3 June, Trial Chamber V (A) rescheduled the start of the Ruto/Sang trial from 12 July to 10 September to allow the defense more preparation time. Judges also recommended that parts of the trial be held in Kenya or Arusha (Tanzania).
Judges decide Saif Gaddafi must be transferred and tried at ICC
On 31 May, Pre-Trial Chamber (PTC) I rejected Libya’s challenge to the admissibility of the case against Saif Gaddafi before the ICC and ordered his surrender. PTC I concluded that Libya’s domestic investigation did not sufficiently cover the alleged crimes included in the ICC case. Judges recognized Libya’s efforts to restore the rule of law, but stressed that it continues to face difficulties in exercising its judicial powers, including the ability to secure Gaddafi into state custody. Libya has since appealed the decision.
Ruto/Sang trial postponed
On 6 May, ICC judges provisionally postponed the start of the Ruto/Sang trial. On 17 April, Ruto requested to waive his right to be present during the trial. In the alternative, he has requested to participate via video link.
Trial judge excused from Kenya cases
On 26 April, Judge Christine Van den Wyngaert was granted a request to be excused from Trail Chamber V—which will hear the two trials in the Kenya situation—due to her expected workload. She has been replaced by Judge Robert Fremr.
Defense notifies Court of Jerbo death
On 23 April, the defense for ICC suspect Saleh Mohammed Jerbo Jamus notified the Court of his death in North Darfur, allegedly during an attack by a faction of the Justice and Equality Movement. He was due to stand trial for an attack on peacekeepers in May 2014.
OPCD steps down from defending Saif al-lslam Gaddafi
On 17 April, Pre-Trial Chamber I granted a request by the Office of the Public Counsel for Defence (OPCD), that it be relinquished from its court-appointed representation of Saif al-Islam Gaddafi citing “an imminent depletion in staffing.” John Jones QC has been appointed in place of the OPCD.
Libya asks judges to drop Al-Senussi case
On 2 April, Libya filed an admissibility challenge to the ICC case against Abdullah Al-Senussi, citing ongoing domestic investigations into alleged crimes by him in Libya.
Katanga criminal responsibility appeal rejected
On 27 March, the Appeal Chamber rejected an appeal by Katanga’s defense objecting to a possible change by Trial Chamber (TC) II to his alleged criminal responsibility.
Ntaganda in ICC custody
On 26 March, Bosco Ntaganda made his initial appearance before the Court. The confirmation of charges hearing was set for 23 September 2013. Ntaganda is suspected of committing war crimes and crimes against humanity in the Democratic Republic of Congo in 2002-03. On 18 March, he presented himself to the United States embassy in Rwanda and asked to be transferred to ICC custody.
Defense case in Bemba trial resumes
On 25 February, the defense case resumed in the trial of Jean-Pierre Bemba. Trial Chamber III has indicated that an element of Bemba’s alleged criminal responsibility as a commander derived from ‘knowing that crimes were being committed’, may be changed to that he ‘should have known that crimes were being committed’.
Judges to decide if Laurent Gbagbo to face trial
From 19-28 February, the confirmation of charges hearing in the case of Laurent Gbagbo took place. Judges will deliberate on whether there are substantial grounds to believe that Gbagbo is responsible for alleged crimes against humanity that followed Côte d’Ivoire’s disputed 2010 presidential elections, and send the case to trial.
Libya obliged to surrender Al-Senussi; Decision pending on Gaddafi
On 6 February, Pre-Trial Chamber I decided that Libya was still under an obligation to surrender Abdullah Al-Senussi to the Court. The Chamber had already postponed the obligation to surrender Saif Gaddafi until it decides on Libya’s May 2012 challenge to ICC jurisdiction in the case.
Banda/Jerbo trial start date discussed
On 29 January, the parties in the Banda/Jerbo case discussed a possible start date for their trial. The prosecution has proposed the end of March 2013; however, the defense says it needs until October 2014 to prepare. A decision is pending.
Eighth ICC investigation opens
On 16 January, the ICC prosecutor opened a formal investigation into the situation in Mali, which had been under preliminary examination following a referral of the matter by the state party last July.
Katanga case suspended due to appeal
On 16 January, the Appeals Chamber suspended the trial of Germain Katanga in order to decide on a defense appeal against a Trial Chamber II decision to consider a change to his alleged criminal responsibility. Trial judges may
re-characterise Katanga’s alleged responsibility to contributing to war crimes and crimes against humanity committed in the Democratic Republic of Congo in 2003 by a group acting with a common purpose. The Prosecutor had charged Katanga with committing the crimes indirectly (using others to carry out the crimes).
Ngudjolo Chui applies for asylum
Former ICC suspect Mathieu Ngudjolo Chui is being held in an asylum detention center while his application for asylum in the Netherlands is being processed.
Matthieu Ngudjolo Chui acquitted in ICC second trial
On 18 December, Ngudjolo Chui was acquitted of all charges of alleged war crimes and crimes against humanity during the Court’s second trial. Trial Chamber II found that it could not be established beyond all reasonable doubt was responsible for the commission of the alleged crimes committed during an attack on Bogoro village in DRC in February 2003. On 21 December 2012, Ngudjolo Chui was released from detention in The Hague.
Bemba trial suspended until March 2013
On 13 December, Trial Chamber III decided to suspend the trial of Jean Pierre Bemba until 4 March 2013 to allow the defense to prepare for a possible legal re-characterization of facts by the judges.
Legal representatives for victims appointed in Kenya cases
In November, Trial Chamber V appointed Fergal Gaynor and Wilfred Nderitu as the com¬mon legal representatives for victims in the Muthaura/Kenyatta case and in the Ruto/Sang case respectively.
ICC judges unseal arrest warrant against Simone Gbagbo
On 22 November, Pre-Trial Chamber I unsealed a warrant of arrest against Simone Gbagbo for four charges of crimes against humanity (murder, rape and other forms of sexual violence, other inhumane acts and persecution) allegedly committed in Côte d'Ivoire between 16 December 2010 and 12 April 2011.
Charges in Katanga/Ngudjolo Chui case severed
On 21 November, Trial Chamber II severed the charges against Mathieu Ngudjolo Chui and Germain Katanga, and announced that the verdict against Ngudjolo Chui would be delivered on 18 December 2012. A verdict in the case against Katanga will be delivered at a later stage.
ICC judges find Laurent Gbagbo fit to participate in proceedings
On 2 November, Pre-Trial Chamber I issued a decision that Laurent Gbagbo was fit to take part in the proceedings before the Court and that a confirmation of charges hearing would be scheduled.
Defense case continues in Bemba trial
On 30 November, the defense presented its 15th witness in trial of Jean-Pierre Bemba. Proceedings were suspended for three weeks in September and October due to the disappearance and non-appearance of two witnesses. On 2 October, a status conference was held to address a number of resulting witness issues.
Banda and Jerbo: Request for stay of proceedings rejected
On 26 October, in the case against Banda and Jerbo, Trial Chamber IV rejected a defense request for a temporary stay of proceedings.
Laurent Gbagbo to remain in custody while awaiting trial
On 26 October, the Appeals Chamber rejected Laurent Gbagbo’s appeal challenging a decision denying him interim release.
Public hearing on the admissibility of Libyan cases before the ICC
On 8-9 October, Pre-Trial Chamber I held a public hearing to discuss Libya’s challenge to the admissibility of the cases against Saif Al-Islam Gaddafi and Abdullah Al-Senussi.
New procedure for victims’ applications in Kenya cases
On 3 October, Trial Chamber V set up a new procedure for victims’ representation and participation in the two Kenya cases. Only victims who wish to actually appear in court now need to submit a written application, while victims who wish to participate in absentia through a common legal representative will be subject to a less rigorous registration procedure.
Defense and prosecution file appeals in Lubanga case
On 3 October, Thomas Lubanga appealed both the guilty verdict and 14-year sentence handed down by ICC judges. He has asked for an acquittal and annulment, or a reduction, of the sentence. The ICC prosecutor has appealed for the sentence to be revised upwards. Mean¬while, all parties and participants, as well as the Trust Fund for Victims, have submitted observations on reparations proceedings in the case.
Hearing to determine if Laurent Gbagbo is fit to participate in proceedings
On 24-25 September, Pre-Trial Chamber I held a closed hearing to discuss the fitness of Laurent Gbagbo to take part in a pending confirmation of charges hearing to decide whether to move his case to trial.
Al-Senussi extradited to Libya
On 5 September, former Libyan intelligence chief and ICC suspect Abdullah Al-Senussi was extradited from Mauritania to Libya.
Brigid Inder appointed special gender advisor for the OTP
On 21 August, ICC Prosecutor Fatou Bensouda announced the appointment of Brigid Inder as her special gender adviser. Ms. Inder is executive director of the Women’s Initiatives for Gender Justice, a Coalition Steering Committee member.
Defense case begins upon resumption of Bemba trial
On 14 August, the trial of former DRC vice-president Jean-Pierre Bemba resumed before ICC Trial Chamber III with the defense beginning the presentation of its case, for which around 60 witnesses are expected to be called.
Landmark decision on victims’ reparations in Lubanga case
On 7 August, in the context of the Lubanga trial, ICC Trial Chamber I issued a landmark decision on the principles and processes that will lead to the first award of reparations to victims of crimes under the Court’s jurisdiction.
Key hearing in Gbagbo case postponed for second time
On 3 August, the ICC announced the second postponement of the confirmation of charges hearing in the case against Laurent Gbagbo, the former president of Côte d’Ivoire suspected of crimes against humanity. The hearing—during which ICC judges are to decide whether to move the case to trial—had been scheduled to begin on 13 August 2012, and has now been postponed until a medical evaluation of Gbagbo’s fitness to take part in the case is carried out.
Situation in Mali referred to ICC Prosecutor
On 18 July 2012, the government of Mali referred the situation on its territory since January 2012 to the Office of the Prosecutor (OTP), following a 30 May 2012 decision by the Malian cabinet. The OTP subsequently announced it was conducting a preliminary examination of the situation.
Second arrest warrant issued for Bosco Ntaganda
On 13 July 2012, Pre-Trial Chamber II issued a second warrant of arrest for Bosco Ntaganda following the Office of the Prosecutor’s 14 May 2012 request. The additional charges in the second arrest warrant include the crimes against humanity of murder, persecution based on ethnic grounds and rape/sexual slavery, as well as the war crimes of intentional attacks against civilians, murder, rape/sexual slavery and pillaging allegedly committed from September 2002 to September 2003 in Ituri, Democratic Republic of Congo (DRC). The original arrest warrant against Ntaganda was issued for the war crimes of enlistment, conscription and use of children under the age of 15 to participate actively in hostilities in the DRC.
Arrest warrant issued for Sylvestre Mudacumura
On 13 July 2012, Pre-Trial Chamber II issued a warrant of arrest for Sylvestre Mudacumura, suspected of committing war crimes from 20 January 2009 to the end of September 2010, in the context of the conflict in the Kivus, in the Democratic Republic of Congo.
Thomas Lubanga sentenced to 14 years imprisonment
On 10 July 2012, Trial Chamber I sentenced Thomas Lubanga Dyilo to 14 years imprisonment in the first ICC trial.
Trials scheduled for April 2013 in the Kenya situation
On 9 July 2012, Trial Chamber V set the dates for the commencement of the trials of four suspects in the Kenya situation for 10 and 11 April 2013.
ICC staff released from detention in Libya
On 2 July 2012, four ICC staff members were released from detention in Zintan, Libya. They had been detained since 7 June 2012 while on an official mission to visit ICC suspect Saif Al-Islam Qaddafi.
Fatou Bensouda Becomes New ICC Prosecutor
On 15 June, Gambian lawyer Ms. Fatou Bensouda was sworn in as the new chief pros¬ecutor of the International Criminal Court (ICC) at ceremony in The Hague.
Victims Participate in Bemba Trial
On 25-26 June 2012, three victims detailed their alleged suffering before Trial Chamber III in the trial of Jean-Pierre Bemba Gombo.
Pre-sentencing hearing takes place in Lubanga case:
On 13 June 2012, Trial Chamber I heard aggravating and mitigating factors to determine the sentence to be imposed in the Lubanga case. The prosecutor has requested a 30 year sentence, or 20 years should Lubanga submit a genuine apology and commit to working to prevent future crimes and promote peace.
Key hearing postponed in Gbagbo case
On 12 June 2012, at the request of suspect Laurent Gbagbo, Pre-Trial Chamber I postponed the commencement of a confirmation of charges hearing to 13 August 2012. Originally scheduled to start on 18 June 2012, the postponement of the hearing is intended to give the defense more preparation time.
Trial date discussed in the Kenya situation
On 11 and 12 June, hearings took place before Trial Chamber V in the cases against William Ruto, Joshua Sang, Uhuru Kenyatta and Francis Muthaura to discuss setting a date and other practicalities for their upcoming trials.
Mudacumura: Judges reject first Office of the Prosecutor arrest warrant request
On 31 May 2012, Pre-Trial Chamber II rejected an Office of the Prosecutor request for an arrest warrant against Sylvestre Mudacumura, supreme commander of Democratic Forces for the Liberation of Rwanda, for alleged crimes against humanity and war crimes in the Kivu provinces, eastern DRC. The Office of the Prosecutor filed a new request for an arrest warrant on 13 June 2012.
Mbarushimana: Appeals Chamber dismisses Office of the Prosecutor appeal
On 30 May 2012, the Appeals Chamber dismissed the Office of the Prosecutor’s appeal against the 16 December 2011 decision by Pre-Trial Chamber I not to confirm charges against Callixte Mbarushimana.
Jurisdiction appeal rejected in the Kenya situation
On 24 May 2012, the Appeals Chamber unanimously rejected appeals made by the four suspects regarding the challenges to the ICC’s jurisdiction over the Kenya situation.
Closing statements in trial of Katanga and Ngudjolo Chui
On 15-23 May 2012, closing statements took place in the trial of Germain Katanga and Mathieu Ngudjolo Chui.
ICC Prosecutor Requests Second Arrest Warrant with Additional Charges Against Bosco Ntaganda
On 14 May 2012, the Office of the Prosecutor requested a second arrest warrant against Bosco Ntaganda requesting that charges be added to those against Bosco Ntaganda. The additional charges requested against Ntaganda include the crimes against humanity of murder, persecution based on ethnic grounds and rape/sexual slavery, as well as the war crimes of intentional attacks against civilians, murder, rape/sexual slavery and pillaging allegedly committed from September 2002 to September 2003 in Ituri, DRC. The original arrest warrant against Ntaganda was for the war crimes of enlistment, conscription and use of children under the age of 15 to participate actively in hostilities.
Arrest Warrant Requested for FDLR Commander Sylvestre Mudacumura
On 14 May 2012, the Office of the Prosecutor requested an arrest warrant to be issued against Sylvestre Mudacumura, supreme commander of the Democratic Forces for the Liberation of Rwanda (FDLR). The requested arrest warrant accuses Mudacumura of five counts of crimes against humanity, including murder, inhumane acts, rape, torture and persecution; and nine counts of war crimes, including attack against a civilian population, murder or willful killing, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrage upon personal dignity, allegedly committed between 20 January 2009 and 31 August 2010 in North and South Kivu Provinces, Democratic Republic of Congo.
Libyan Government Challenges Admissibility of Case Against Gaddafi and Al-Sennussi
On 1 May 2012, the Government of Libya challenged the admissibility of the case concerning Saif Al-Islam Gaddafi and Abdullah Al-Senussi, arguing that the case should not proceed at the ICC on the grounds that the Libyan national judicial system is actively investigating Gaddafi and Al-Senussi for their alleged criminal responsibility for crimes against humanity committed since February 2011.
ICC Judges Reiterate Request for Surrender of Saif Al-Islam Gaddafi
On 4 April 2012, Pre-Trial Chamber I reiterated its order that Libya must immediately surrender Saif Al-Islam Gaddafi to the Court. An appeal by Libya against this order was dismissed by the Appeals Chamber on 25 April 2012.
Palestine Preliminary Examination Findings Announced
On 3 April 2012, the Office of the Prosecutor announced that it was unable to continue with its Palestine preliminary examination as it did not have the authority to determine whether Palestine was a “state” for the purposes of the Rome Statute, but that it was for the “relevant bodies” at the United Nations or the Assembly of States Parties to make that legal determination. The OTP also stated, however, that it could in the future consider allegations of crimes committed in Palestine should this “statehood” issue be resolved.
Trial Chamber Constituted In Kenya Case
On 29 March 2012, Trial Chamber V was constituted to conduct the upcoming trial in the Kenya situation.
Bemba: Prosecution Concludes Evidence
On 20 March 2012, the last of 40 prosecution witnesses was presented in the trial of Jean Pierre Bemba for alleged crimes against humanity and war crimes in Central African Republic. Participating victims are to give evidence in the coming months, after which the defense case is to begin.
Arrest of ICC Suspect Abdullah Al-Senussi in Mauritania
On 17 March 2012, Abdullah Al-Senussi was arrested in Mauritania. He is wanted by the ICC for alleged crimes against humanity committed in Libya. France and Libya are also seeking the extradition of Al-Senussi to their custody.
Lubanga Found Guilty in First ICC Trial
In a public hearing on 14 March 2012, ICC Trial Chamber I delivered a guilty verdict in the Court’s first landmark trial, that of Thomas Lubanga Dyilo. Lubanga, a national of the Democratic Republic of Congo and alleged leader of the Union of Congolese Patriots (UPC) and the commander-in-chief of its military wing, the Forces patriotiques pour la libération du Congo (FPLC), was found guilty of having committed the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the DRC between September 2002 and August 2003. Judges will consider the appropriate sentence to be imposed in the coming months. Lubanga’s defense has the right to appeal the decision. 129 victims participated in the trial through their legal representatives.
The verdict attracted worldwide media attention and much comment from Coalition members. The Trust Fund for Victims and the ICC Registry, as well as the parties involved, have since made filings concerning reparations in the case. On 20 April, Coalition members the Women’s Initiatives for Gender Justice, the International Center for Transitional Justice, the Fondation Con¬golaise pour la Promotion des Droits Humains et la Paix and Avocats Sans Frontières were also authorized to make written representations on reparations.
Leave to Appeal Rejected for Kenya 4
On 9 March 2012, Pre-Trial Chamber II rejected the applications of William Ruto, Joshua Sang, Francis Muthaura and Uhuru Kenyatta for leave to appeal the decisions to send their cases to trial.
Mbarushimana: OTP Granted Leave to Appeal
On 1 March 2012, PTC I granted the OTP leave to appeal the 16 December 2011 decision declining to confirm charges against Callixte Mbarushimana, who was subsequently released from custody of the Court to France.
Bemba’s lead counsel team passes away
On 26 February 2012, Nkwebe Liriss, Jean Pierre Bemba’s lead counsel team passed away after a long illness.
ICC Expands Scope of Côte d’Ivoire Investigation to 2002-2010
On 22 February 2012, Pre-Trial Chamber III expanded its authorization for the ICC prosecutor’s investigation in Côte d’lvoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010. NGOs had long been calling on the ICC to investigate crimes allegedly committed during the Ivorian conflict from 2002 onward.
Katanga and Ngudjolo: Extension for Final Written Submissions
On 14 February 2012, Trial Chamber II granted the participants in the trial of Germain Katanga and Mathieu Ngudjolo Chui more time to make their final written submissions. Closing oral statements remain scheduled for 15 May 2012.
Possible Collective Victims’ Applications in Gbagbo Case
On 6 February 2012, Pre-Trial Chamber III ordered the Registry to produce an initial mapping report on the feasibility of a collective approach to victims’ applications for participation in the case against Laurent Gbagbo, the former president of Côte d’Ivoire suspected of crimes against humanity. The confirmation of charges hearing in his case is scheduled for 18 June 2012, when judges will decide whether or not to move the case to trial.
Bemba Trial Resumes
On 30 January 2012, the trial of Jean-Pierre Bemba Gombo resumed before ICC Trial Chamber III, with the Prosecution set to present the last of its 40 witnesses.
Four Kenya Post-Election Violence Suspects to Face ICC Trial
On 23 January 2012, ICC Pre-Trial Chamber II decided to move cases against William Ruto, Joshua Sang, Francis Muthaura and Uhuru Kenyatta to trial for alleged crimes against humanity committed during post-election violence in 2007-2008 in Kenya. Judges declined to confirm charges against Henry Kosgey and Mohammed Ali. The decisions were taken by majority of the chamber, with Judge Hans-Peter Kaul dissenting. Various appeals were filed by the suspects. Following the decisions to send the four to trial, the Kenyan government announced its intention to establish a mechanism at the national level to address the post-election violence of 2007-2008. On 26 January 2012, Kenyatta resigned from his position as Kenya’s finance minister, while Muthaura stood down from his positions as head of the Kenyan civil service and as secretary to the cabinet. The date for the start of trial proceedings has not yet been set.
Libyan Authorities Submit Observations on the Arrest and Detention of Saif Al-Islam Gaddafi
On 23 January 2012, the Libyan authorities submitted confidential observations on the arrest and detention of Saif Al-Islam Gaddafi. Al-Islam Gaddafi is wanted by the ICC for crimes against humanity allegedly committed in Libya as of 15 February 2011. On 2 February 2012, Pre-Trial Chamber I rejected applications for leave to submit amicus curiae observations by Mishana Hosse¬inioun and Aisha Gaddafi, as well as their subsequent requests for leave to appeal. The applicants have also appealed directly to the Appeals Chamber on issues of juris¬diction and admissibility.
Banda and Jerbo Request Temporary Stay of Proceedings
On 6 January 2012, Abdallah Banda and Saleh Jerbo’s defense counsel requested a temporary stay of proceedings to Trial Chamber IV in order to safeguard the fair trial rights of the accused, as it argues it has not been able to secure the cooperation of the Sudanese government. The trial is expected to start in 2013.
Tenth Assembly of State Parties Meets in New York
From 12 to 21 December 2011, states parties to the ICC Rome Statute gathered in New York to address numerous key issues to the Court’s operations. The Assembly elected Fatou BENSOUDA (The Gambia) to be the next ICC prosecutor for a nine-year term beginning on 16 June 2012. Six new judges were elected in 16 rounds, representing a third of the Court’s full slate of 18 judges, namely: Miriam DEFENSOR-SANTIAGO (the Philippines), Anthony Thomas Aquinas CARMONA (Trinidad and Tobago), Robert FREMR (Czech Republic), Olga Venecia HERRERA CARBUCCIA (Dominican Republic), Howard MORRISON (United Kingdom) and Chile EBOE-OSUJI (Nigeria). Tiina INTELMANN (Estonia) was elected as the new ASP president for a three-year term. Markus Börlin (Switzerland) and Ken Kanda (Ghana) were elected as vice-presidents. The Assembly also elected the 18 members of the ASP Bureau —the ASP’s executive committee—for three-year terms, six members of the ASP’s Committee on Budget and Finance (CBF)—a subsidiary expert body set up to help the ASP with the budget—, and a member of the permanent premises oversight committee. More than 100 NGO representatives contributed to discussions through side events, statements and position papers. Read more...
DRC: Callixte Mbarushimana Released
On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges of alleged crimes against humanity and war crimes against Callixte Mbarushimana and ordered his release. A majority of judges found that there was insufficient evidence to move the case to trial. On 23 December 2011, Mbarushimana was released on French territory, from where he was originally arrested and transferred to the ICC.
Darfur: Prosecutor Presents Report to UNSC
On 15 December 2011, the ICC prosecutor presented his 14th report to the UNSC on the Court’s investigation of the situation in Darfur, Sudan.
Bemba Trial: Prosecution Evidence Continues
The prosecution has presented 36 of a possible 40 witnesses in the case against Jean Pierre Bemba Gombo for alleged crimes against humanity committed in the Central African Republic from 26 October 2002 to 15 March 2003. On 15 December 2011, Trial Chamber III authorized 404 additional victims to participate in the case, bringing the total number to 2,287.
Malawi and Chad Fail to Cooperate
On 12 December 2011 and 13 December 2011 respectively, Pre-Trial Chamber I decided that the Republic of Malawi and the Republic of Chad failed to cooperate with the ICC by not arresting and surrendering ICC suspect and Sudanese Prsident Omar Al Bashir to the Court during his visits to those countries, and referred the matter to both the United Nations Security Council and the Assembly of States Parties.
Libya: ICC Requests Observations on the arrest and detention of Saif Al-Islam Gaddafi
On 6 December 2011, Pre-Trial Chamber I requested that the Libyan government submit observations by 10 January 2012 on the arrest and detention of Saif Al-Islam Gaddafi, a deadline further extended to 23 January 2012.
Darfur: Prosecutor Requests Arrest Warrant
On 2 December 2011, the prosecutor requested Pre-Trial Chamber I to issue an arrest warrant against current Sudanese Defense Minister Abdelrahim Mohamed Hussein for crimes against humanity and war crimes allegedly committed in Darfur from August 2003 to March 2004.
Laurent Gbagbo Transferred to ICC
On 30 November 2011, Laurent Koudou Gbagbo was transferred to the ICC following the issuance of an arrest warrant for crimes against humanity committed since 28 November 2010. On 5 December 2011, the suspect made his initial appearance and Pre-Trial Chamber III set the date of the confirmation of charges hearing for 18 June 2012.
ICC Suspects Arrested in Libya
On 19 November 2011, ICC suspect Saif Al-Islam Gaddafi was arrested by Libyan authorities. On 20 November, Abdullah Al-Senussi was also reportedly captured in the south of Libya. Both are wanted by the ICC for crimes against humanity allegedly committed in Libya as of 15 February 2011. On 22 November 2011, Pre-Trial Chamber I decided to terminate the case against Muammar Mohammed Abu Minyar Gaddafi following his death.
Judges Request Observations on Failure to Arrest Al-Bashir
On 19 October 2011, Pre-Trial Chamber I requested observations from Malawi on its failure to arrest ICC suspect Sudanese President Omar Al-Bashir during his visit on 14 October 2011.
Confirmation Hearings Held in Two Kenya Cases
On 8 September and 5 October 2011 respectively, Pre-Trial Chamber II concluded confirmation of charges hearings in the Ruto/Kosgey/Sang and the Muthaura/Kenyatta/Ali cases. Pre-Trial Chamber II also announced it will issue its decisions on whether to send the cases to trial on the same date around January 2012.
Côte d’Ivoire: Prosecutor Authorized to Open Investigation
On 3 October 2011, Pre-Trial Chamber (PTC) III authorized the ICC prosecutor to open an investigation into war crimes and crimes against humanity allegedly committed in Côte d’Ivoire following the presidential election of 28 November 2010. PTC III also requested that the prosecutor submit within one month any additional information on potentially relevant crimes committed between 2002 and 2010. Côte d’Ivoire is the seventh situation under investigation by the ICC and the second time the prosecutor has used his “propriu motu” powers to initiate an investigation without first having received a referral from governments or by the UNSC.
DRC: Katanga and Ngudjolo Chui Testify
On 27 September 2011, Germain Katanga testified before Trial Chamber II in his own defense. This followed the testimony of eight defense witnesses for Mathieu Ngudjolo Chui, who will also testify in his own defense in November 2011.
DRC: Key Hearing in Mbarushimana Case
On 21 September 2011, the confirmation of charges hearing concluded in the case against Callixte Mbarushimana before Pre-Trial Chamber I. A decision to determine whether the case should move to trial is expected around mid-December 2011.
CAR: Prosecution Evidence Continues in Bemba Case
On 26 September 2011, Trial Chamber III denied Jean-Pierre Bemba Gombo’s application for provisional release. The prosecution’s case is ongoing.
DRC: Key Hearing in Kivus Investigation Opens
On 16 September 2011, the confirmation of charges hearing opened in the case against Callixte Mbarushimana for alleged crimes against humanity and war crimes committed in the Kivu provinces of the Democratic republic of Congo (DRC).
Key Hearing into Post-Election Violence Begins
Pre-Trial Chamber II opened confirmation of charges hearings on 1 September 2011 in the case against Ruto, Kosgey and Sang, and 21 September 2011 in the case against Muthaura, Kenyatta and Ali for their alleged role in crimes against humanity committed during post-election violence in 2007-2008 in Kenya. On 30 August 2011, the ICC Appeals Chamber confirmed the admissibility of the two cases, rejecting the challenges of the Kenyan government.
Closing Statements Delivered in First ICC Trial
On 25 and 26 August 2011, the closing statements in the trial against Thomas Lubanga Dyilo
, the ICC’s first, took place before Trial Chamber (TC) I. The Lubanga proceedings are noteworthy as the first example of formal victim participation in an international criminal trial, with a total of 123 victims authorized to participate. It is expected that TC I will deliver a judgment in the coming months.
Ngudjolo Chui Defense Begins
On 15 August 2011, the defense of Mathieu Ngudjolo Chui began to present its evidence before Trial Chamber II in the Katanga/Ngudjolo Chui case. It expects to call 10 witnesses, including Ngudjolo Chui himself.
Confirmation of Charges Hearing in Mbarushimana Case Postponed
For the second time, Pre-Trial Chamber (PTC) I postponed the confirmation of charges hearing in the Mbarushimana case due to a number of pending disclosure and translation issues. The hearing is now scheduled to begin on 16 September 2011.
307 Additional Victims Authorized to Appear in Bemba Case
On 8 July 2011, the ICC authorized 307 victims to participate in the case against Jean-Pierre Bemba Gombo for crimes against humanity allegedly committed in the CAR, bringing the total number of participating victims to 1713.
International Justice Day
On 17 July, the world celebrates IJD, in honor of the anniversary of the adoption of the RS, the founding treaty of the ICC. IJD is a reminder of the urgency for all states committed to justice to ensure continued support for the RS’s international justice system. Coalition members celebrated this day in solidaritysolidarity with victims of crimes against humanity, genocide and war crimes through issuing press releases and holding events worldwide. The ICC and states parties to the RS also held a number of events celebrating 17 July.
ICC Issues Arrest Warrants in Libya Situation
On 27 June 2011, PTC I issued warrants of arrest for Libyan leader Muammar Mohammed Abu Minyar Gaddafi, his son Saif Al-Islam Gaddafi, Libyan government spokesman, and Abdullah Al-Senussi, Director of Military Intelligence, for alleged crimes against humanity committed in Libya since 15 February 2011.
Kenya Appeals Admissibility Challenge Rejection
On 6 June 2011, the Kenyan government appealed against the 30 May 2011 decision of Pre-Trial Chamber II rejecting its challenges to the admissibility of the two cases brought before the Court in the Kenya situation. The Appeals Chamber must make a final determination on the admissibility of the cases.
ICC Prosecutor Requests Opening of Investigation in Côte d’Ivoire
On 23 June 2011, the ICC prosecutor requested authorization from Pre-Trial Chamber (PTC) II to open an investigation into war crimes and crimes against humanity allegedly committed in Côte d’Ivoire following the disputed presidential election of 28 November 2010. Judges of PTC II will now consider whether there is a reasonable basis to proceed with an investigation and whether the matter falls within the Court’s jurisdiction. Victims, or their legal representatives, were also invited to make representations to PTC II on whether an investigation should be opened.
ICC Prosecutor Reports to UNSC on Darfur
On 8 June 2011, the ICC prosecutor presented his periodic report to the United Nations Security Council (UNSC) on the Court's investigation of the situation in Darfur, Sudan. UNSC Resolution 1593, which referred the situation in Darfur to the ICC, requests the prosecutor to report to the Council every six months on the Darfur investigation. In advance of the prosecutor's report, the Coalition called on States and the UNSC to fulfill their obligation to cooperate with the Court.
Mbarushimana Refused Interim Release, Confirmation of Charges Hearing Postponed
On 19 May 2011, Pre-Trial Chamber (PTC) I refused to grant Mbarushimana interim release. On 31 May 2011, PTC I decided, at the request of the Prosecution, to postpone the commencement of the confirmation of charges hearing in the Mbarushimana case to 17 August 2011.
Kenyan Government Admissibility Challenge Rejected
On 30 May 2011, ICC Pre-Trial Chamber II rejected the Kenyan government’s challenges to the admissibility of the cases against Ruto, Kosgey and Sang and against Muthaura, Kenyatta and Ali. The Kenyan government has five days from the date it was notified to appeal the Pre-Trial Chamber’s decisions, in which case the Appeals Chamber would make a final determination on the admissibility of the cases.
Ouattara Requests ICC Investigation, OTP to Seek Authorization
On 3 May 2011 Côte d'Ivoire President Alassane Ouattara wrote a letter to the ICC Prosecutor confirming his desire that the Office of the Prosecutor (OTP) open an independent and impartial investigation into the most serious crimes allegedly committed on Ivorian territory since 28 November 2010. President Ouattara also reaffirmed his intention to fully cooperate with any ICC investigation and to ratify the Rome Statute as soon as possible. The OTP announced that it would seek Pre-Trial Chamber authorization to open an investigation in accordance with Article 15 of the Rome Statute.
Prosecutor Applies for Arrest Warrants in Libya Situation
On 16 May 2011, the ICC Prosecutor submitted an application to judges of ICC Pre-Trial Chamber I (PTC I) for arrest warrants against Libyan leader Muammar al-Gaddafi, his son Saif al-Islam al-Gaddafi and Libyan head of intelligence Abdullah al-Sanusi for alleged crimes against humanity committed in Libya since 15 February 2011. Judges of PTC I must decide whether to issue arrest warrants for the three.
ICC Prosecutor Addresses UNSC
On 4 May 2011, the ICC prosecutor addressed the United Nations Security Council (UNSC) on progress made in his investigation into recent violence in Libya. The prosecutor announced that his office would soon submit its first application to ICC PTC I for arrest warrants against three individuals. He stated that the arrest warrants will focus on those who bear the most responsibility for crimes against humanity allegedly committed in Libya since 15 February 2011 but that further cases may be opened in relation to other crimes committed as part of the ongoing hostilities in Libya.
Kenya Post-Election Violence Suspects Appear at ICC
On 7 and 8 April 2011, William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Moham¬med Hussein Ali
appeared in two separate hearings before Pre-Trial Chamber II , pursuant to summonses to appear for their alleged roles in the 2007-2008 Kenyan post-election violence. The confirmation of charges hearings were scheduled for 1 September 2011 in the case against Ruto, Kosgey and Sang and for 21 September 2011 in the case against Muthaura, Kenyatta and Ali, to determine whether or not to send the cases against the six to trial. On 31 March 2011, the Kenyan Government filed a petition challenging the ICC’s involvement in the cases, which PTC II will decide upon in coming months.
Prosecution Witnesses Testify in Bemba Trial
The trial of former DRC vice-president Jean-Pierre Bemba Gombo for crimes against humanity allegedly committed in the Central African Republic (CAR) continues before ICC TC III. Since the trial opened on 22 November 2010, the prosecution has presented 17 of its 24 planned witnesses.
Mbarushimana Requests Interim Release
ICC Pre-Trial Chamber I is considering a request for interim release made by Callixte Mbarushimana’s defense team.
Katanga/Ngudjolo Begin Defense
On 21 March 2011, the defense teams for Germain Katanga and Mathieu Ngudjolo Chui began presenting their cases before ICC Trial Chamber II. Katanga and Ngudjolo’s defence are intending to call 22 and 18 witnesses, respectively.
Lubanga Trial Resumes
On 21 March 2011, the trial against Thomas Lubanga Dyilo resumed following the decision of ICC Trial Chamber (TC) I to reject the defense’s application for a stay of proceedings based on various challenges, in particular the disclosure of the identities of witnesses and participating victims. The defense is nearing the end of its case’s presentation. The parties’ closing oral statements will be presented on 25 and 26 August 2011. Judgment in the case is expected by the end of 2011.
ICC Issues Summonses to Appear for six Kenyans
On 8 March 2011, ICC Pre-Trial Chamber II issued summonses to appear for six individuals for crimes against humanity allegedly committed during the 2007-2008 Kenyan post-election violence. William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali were summoned to appear before the ICC on 7 and 8 April 2011 for initial hearings.
Banda and Jerbo to Face ICC Trial
On 7 March 2011, ICC Pre-Trial Chamber I confirmed charges of war crimes against Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), sending their case to trial. Banda and Jerbo are alleged to have been involved in an attack on peacekeepers of the African Union Mission in Sudan at the Haskanita Military Group Site in North Darfur, Sudan, on 29 September 2007.
ICC Opens Investigation into Libya
On 3 March 2011, the prosecutor of the International Criminal Court (ICC) opened a formal investigation into the situation in Libya, following a preliminary examination of available information. The prosecutor’s announcement comes after the United Nations Security Council (UNSC) adopted a resolution (1970) on 26 February 2011, which referred the situation in Libya, a state not party to the Rome Statute, to the ICC. Libya is the sixth situation under investigation by the Court and the second such referral by the UNSC. Depending on the outcome of his investigation, the prosecutor will present his case to ICC judges, who will decide whether or not to issue summonses to appear or arrest warrants based on the evidence. The prosecutor has also been invited to address the UNSC within two months and every six months thereafter on the progress made.
Bemba Trial Continues at ICC
The trial of former DRC Vice President Jean-Pierre Bemba Gombo for alleged war crimes and crimes against humanity committed in the Central African Republic (CAR) is continuing before ICC Trial Chamber III. Since the trial opened on 22 November 2010, the prosecution has presented 13 of its 24 planned witnesses.
Lubanga Trial Scheduled to Resume on 21 March 2011
The trial against Thomas Lubanga
Dyilo was put on hold for 6 weeks due to various challenges brought by the defense, in particular regarding the disclosure of the identity of witnesses and participating victims. On 23 February 2011, Trial Chamber I rejected the defense’s application for a stay of proceedings, and the trial has been scheduled to resume on 21 March 2011. Judgment in the case is expected to be pronounced by the end of 2011.
Two Victims Testify in Katanga/Ngudjolo Trial
The prosecution has completed presenting its case in the trial against Germain Katanga and Mathieu Ngudjolo Chui and the legal representatives for victims began presenting two witnesses in the case. The defense is scheduled to begin presenting its case on 21 March 2011.
Transfer of DRC Suspect to ICC and Initial Appearance
On 25 January 2011 Callixte Mbarushimana was transferred to the ICC in The Hague for alleged war crimes and crimes against humanity in the Democratic Republic of the Congo. He was arrested on 11 October 2010 by French authorities pursuant to an ICC arrest warrant issued under seal on 28 September 2010. Callixte Mbarushimana made his initial appearance on 28 January 2011, during which Judges verified his identity and he was informed of the charges brought against him and of his rights under the Rome Statute. The Confirmation of Charges Hearing was scheduled for 4 July 2011.
Kenya and the AU Fail to Uphold Commitments to Justice
At its 16th Summit held on 24-31 January 2011 in Addis-Ababa (Ethiopia), the African Union (AU) endorsed a request by Kenya to the UNSC for a deferral of the ICC’s inves¬tigation and maintained its call on African states not to cooperate with the ICC in the arrest of Sudanese President Al-Bashir. The Coalition expressed its disappointment and called on Kenya and the AU to uphold their commitments to justice. Kenya is currently seeking a deferral in order to complete its judicial reform process so that its domestic courts can have competence over cases of post-electoral violence, and consequently claim complementarity, which would halt the ICC proceedings. In this respect, on 4 March the Government of Kenya presented a letter regarding its request for deferral to the Chinese Permanent Mission to the UN in its capacity as UNSC President and to the UN Secretary General.
OTP Requests 6 Summonses to Appear Against High Officials
On 15 December 2010, the Prosecutor asked ICC Pre-trial Chamber II to issue summonses to appear for crimes against humanity against William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali for their alleged roles in the 2007-2008 Kenyan post-election violence. All six accused are members of the Orange Democratic Movement or the Party for National Unity, the two parties that form the ruling coalition in Nairobi. It is now up to the Judges of the Pre-trial Chamber to decide whether to issue the summonses.
ICC Prosecutor Presents Darfur Report
On 9 December 2010, ICC Prosecutor Luis Moreno-Ocampo presented his twelfth bi-annual report to the United Nations Security Council on his investigation in Darfur, Sudan. On this occasion, the Coalition reiterated its call on all states parties, the government of Sudan and other relevant parties to cooperate with the ICC.
ICC Holds Key Hearing in Darfur Rebels Case
The confirmation of charges hearing in the case against Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus for their alleged roles in an attack on AU peacekeepers in Darfur was held on 8 December 2010 in the absence of the suspects, who waived their right to be present and were represented by their lawyer. 89 victims participated in the hearing through their legal representatives. Pre-trial judges will now consider whether there is sufficient evidence to move the case forward to trial.
Opening of Bemba Trial
On 22 November 2010, the trial of Jean-Pierre Bemba Gombo, for war crimes and crimes against humanity committed in the CAR, commenced before Trial Chamber III of the ICC.
Katanga & Ngudjolo T
rial: Prosecution Case Expected to Conclude by End of 2010
The trial of Germain Katanga and Matthieu Ngudjolo Chui for alleged war crimes and crimes against humanity in the village of Bogoro in eastern DRC in January-March 2003 is ongoing. The prosecution is expected to finish presenting its case by the end of 2010.
ICC Appeals Chamber Confirms Admissibility of Bemba Case; Trial to Open on 22 November 2010
On 19 October 2010 the ICC Appeals Chamber dismissed Jean-Pierre Bemba Gombo’sappeal against the decision on the admissibility of his case. The trial is scheduled to open on 22 November 2010.
Moldova Becomes 114th ICC State Party
On 12 October 2010, Moldova deposited its instrument of ratification of the Rome Statute at UN Headquarters, becoming the 114th ICC state party.
France Arrests New ICC Suspect
On 11 October 2010, Callixte Mbarushimana, Executive Secretary of the Forces Démocratiques pour la Libération du Rwanda (FDLR), was arrested by French authorities pursuant to a sealed ICC arrest warrant for alleged war crimes and crimes against humanity committed in the Democratic Republic of the Congo's Kivu provinces during 2009.
Appeals Chamber Reverses Decisions to Stay Proceedings and to Release Lubanga
On 8 October 2010, the ICC Appeals Chamber reversed Trial Chamber I’s July 2010 decision to stay proceedings in the Lubanga case and to release the accused. The defendant remains in custody and the trial has now resumed. Appeals judges stated that although the prosecutor did not comply with the Trial Chamber’s orders relating to protection issues, judges should first h