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> Cases & Situations > Democratic Republic of Congo

Lubanga Case Katanga - Ngudjolo Chui Case

The Democratic Republic of Congo (DRC) is one of the four situations that the International Criminal Court (ICC) is currently investigating. Four arrest warrants have been issued for the DRC situation.

The situation of DRC has been assigned to Pre-Trial Chamber I which is composed Presiding Judge Sylvia Steiner, Judge Sanji Mmasenono Monageng and Judge Cuno Tarfusser.

The ICC has set up a field office in Kinshasa, which has representatives from the Public Information and Documentation Section of the Registry.

DRC INVESTIGATION
The situation was formally referred by the DRC government on 19 April 2004, requesting that the Prosecutor investigate if crimes under the Court's jurisdiction were committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002. In this letter, the government also committed to cooperate with the ICC in its work.

On 23 June 2004, after thorough analysis of the situation in the DRC, especially in the eastern region of Ituri, the Pprosecutor announced his decision to open the first investigation of the ICC.

LUBANGA CASE
On 17 March 2006, a first arrest warrant was publicly announced and unsealed concerning the situation in DRC for the leader of a political and military movement, the Union of Congolese Patriots (UPC), Thomas Lubanga Dyilo. Lubanga was arrested and transferred to The Hague. On 20 March 2006, Thomas Lubanga Dyilo first appeared in Court before ICC Pre-Trial Chamber I. A three-week confirmation of Charges hearing in the Lubanga case was held in November 2006. On 29 January 2007, ICC Pre-Trial Chamber I confirmed the charges against Thomas Lubanga Dyilo, sending the case against him to trial. The Chamber found sufficient evidence to establish substantial grounds to believe that Lubanga is criminally responsible as a co-perpetrator for all three charges made against him for the period beginning September 2002, when the Force Patriotiques pour la Liberation du Congo (FPLC) was founded, and ending 13 August 2003. The Prosecutor of the ICC has charged Lubanga with three war crimes: 1) enlisting children under the age of fifteen; 2) conscripting children under the age of fifteen; and 3) using children under the age of fifteen to participate actively in hostilities.

From September 2007 to January 2008, ICC Trial Chamber I (composed of by Presiding Judge Adrian Fulford, Judge Elizabeth Odio Benito, Judge René Blattmann) held hearings in the Lubanga case in order to facilitate the preparation of the trial. On 13 March 2008, Trial Chamber I decided that the trial in the case of Thomas Lubanga Dyilo would begin on 23 June 2008.

On 16 June 2008, the Court announced a stay of the proceedings in the Lubanga case because the Prosecution was unable to make available potentially exculpatory materials. On 2 July 2008, Trial Chamber I issued an order granting unconditional release to Thomas Lubanga Dyilo. The Prosecution appealed the order and such appeal was given suspensive effect meaning that the accused shall not leave detention until the Appeals Chamber has resolved the issue.

On 21 October 2008, the Appeals Chamber of the International Criminal Court (ICC) ordered the Trial Chamber to reconsider its decision to release Thomas Lubanga Dyilo taking into account all relevant factors. The Appeals Chamber did agree with the Trial Chamber’s June decision to stay the trial because of the inability, at that time, of the prosecutor to disclose certain information due to confidentiality agreements with the UN and other information providers. The Appeals Chamber confirmed that it is up to the Trial Chamber to resume the trial whenever it considers that a fair trial is possible

On 18 November 2008, Trial Chamber I of the International Criminal Court announced its decision to lift the stay of the proceedings in the Lubanga case as the reasons for imposing the stay "have fallen away". The Judges announced the trial would start on 26 January 2009. Trial Chamber I also decided not to grant the release nor provisional release of Mr Thomas Lubanga Dyilo.

On 26 January 2009, the trial in the case against Thomas Lubanga Dyilo opened in The Hague. The leader of the Union of Congolese Patriots (UPC) is accused of enlisting and conscripting child soldiers to participate actively in hostilities. The Prosecution, the Defence, the Registry and 8 Legal Representatives of Victims representing 93 victims are participating in trial hearings.

KATANGA – NGUDJOLO CHUI CASE
The trial against Congolese warlords Germain Katanga and Matthieu Ngudjolo Chui which opened on 24 November 2009 is ICC's second trial. Katanga and Ngudjolo are accused of war crimes and crimes against humanity allegedly committed in the village of Bogoro in the Ituri district of eastern DRC from January to March 2003.

On 18 October 2007, a warrant of arrest listing nine counts of war crimes and four counts of crimes against humanity in the Ituri district of eastern DRC was unsealed for Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri (FRPI). Alleged acts include murder or wilful killing, Inhumane Acts, Sexual Slavery, rape, cruel or inhuman treatment, using children to participate actively in hostilities, outrages upon personal dignity, intentional attack against the civilian population, pillaging and destruction of property. The warrant of arrest had been issued on 2 July but made public on 18 October 2008. Katanga was surrendered by the DRC authorities and transferred to the ICC on 17 October 2007. The Initial appearance of Germain Katanga took place on 22 October 2007 at the ICC premises in The Hague.

On 7 February 2008, a warrant of arrest listing similar war crimes and crimes against humanity was unsealed for Mathieu Ngudjolo Chui, a Congolese national and alleged former leader of the National integrationist Front (FNI) and a Colonel in the National Army of the government of the Democratic Republic of the Congo [Forces armées de la RDC/ Armed Forces of the DRC] (FARDC). The warrant had been issued on 6 July 2007 but made public on 7 February 2008. Ngudjolo Chui was surrendered by the DRC authorities and transferred to The Hague on 7 February 2008. Mathieu Ngudjolo Chui appeared for the first time before ICC Pre-Trial Chamber I on 11 February 2008.

On 10 March 2008 Pre-Trial Chamber I decided to join the Katanga and the Ngudjolo Chui cases as the two defendants were prosecuted for the same crimes

Initially scheduled on 28 February 2008 and then on 21 May 2008, the hearing was postponed twice by the Chamber to afford more preparation time to the parties involved. From 27 June to 16 July 2008, ICC Pre-Trial Chamber I held a confirmation of charges hearing in the case against Germain Katanga and Matthieu Ngudjolo Chui. Germain Katanga was represented by David Hooper and Matthieu Ngudjolo Chui by Jean Pierre Kilenda Kakengi Basila. Fifty-seven victims participated in the hearing through their legal representatives, Carine Bapita Buyagandu, Joseph Keta, Jean Louis Gilissen, Franck Mulenda and Hervé Diakiese.

On 26 September 2008, ICC Pre-Trial Chamber I sent the case against Germain Katanga and Matthieu Ngudjolo Chui to trial, by confirming all but three of the alleged charges. Pre-trial judges confirmed seven counts of war crimes and three counts of crimes against humanity. They found insufficient evidence to try Katanga and Ngudjolo for inhuman treatment, outrages upon personal dignity and inhumane acts. In a decision issued on March 27, 2009 the Trial Chamber II set the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui for Thursday, 24 September 2009. On 31st August 2009, ICC Trial Chamber II decided to postpone the commencement of the trial to 24 November 2009.

NTAGANDA CASE
On 29 April 2008, Pre-Trial Chamber I unsealed a warrant of arrest against Mr. Bosco Ntaganda, alleged former Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), and alleged current Chief of Staff of the Congrès national pour la défense du people (CNDP) armed group, active in North Kivu in the DRC. The warrant of arrest lists three war crimes: 1) the enlistment of children under the age of fifteen; 2) the conscription of children under the age of fifteen; and 3) using children under the age of fifteen to participate actively in hostilities. This is the fourth arrest warrant unsealed within the context of the DRC situation.

Court decisions concerning DRC can be found on the ICC's website.