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DRC: Latest Statements, Case Updates and Related News

15 Apr 2011

Dear all,

Please find below information about recent developments related to the
International Criminal Court's investigation in the Democratic Republic of
Congo(DRC).

On 23 February 2011, ICC Trial Chamber (TC) I rejected the defense's application
for a stay of proceedings in the trial against Thomas Lubanga Dyilo. The
de­fense is nearing the end of the presentation of its case, and the parties'
closing oral statements will be presented in public hearings on 25 and 26 August
2011. Judgment in the case is expected by the end of 2011. Meanwhile, the
confirmation of charges hearing in the case of The Prosecutor v. Callixte
Mbarushimana has been scheduled to start on 4 July 2011

This message includes ICC press statements (I), Coalition member statements
(II), the latest trial and case news and opinions (III) as well as other news
and opinions (IV).

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the Coalition will not take a position on potential
and current situations before the Court or situations under preliminary
examination. The Coalition, however, will continue to provide the most
up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

*************************

I. ICC PRESS STATEMENTS

Note: These documents have been produced by the ICC. The CICC Secretariat
distributes them as part of its mandate to keep member organizations and
individuals informed about developments related to the ICC. The documents do not
reflect the views of the CICC as a whole or its individual members.

1. "Closing statements in the trial against Thomas Lubanga Dyilo scheduled for
25 and 26 August 2011", ICC Press Release, 12 April 2011,
http://www.icc-cpi.int/NR/exeres/2CE9A778-B4A4-41AC-A88D-46530084DC5D.htm

"Today, 12 April 2011, Trial Chamber I of the International Criminal Court (ICC)
set the timetable for the closing written submissions in the case The Prosecutor
v. Thomas Lubanga Dyilo, and convened the parties and participants to present
their closing oral statements in public hearings on 25 and 26 August 2011.

The Prosecution and the Legal Representation of Victims are to file their
written closing submissions no later than 1 June 2011, to which the Defence may
reply, no later than 15 July 2011. The Prosecution may file a reply to the
Defence by 1 August, and the Defence will have until 15 August to file its final
reply. These final submissions shall address all the relevant legal and factual
issues arising in the case…."

2. "Confirmation of charges hearing in the case of The Prosecutor v. Callixte
Mbarushimana scheduled to start on 4 July 2011" , ICC Press Release, 28 January
2011, http://www.icc-cpi.int/NR/exeres/3E61CD7D-28E7-404C-9C7C-688E321147E3.htm

"On 28 January 2011, Pre-Trial Chamber I of the International Criminal Court
(ICC) set the date of the beginning of the confirmation of charges hearing in
the case of The Prosecutor v. Callixte Mbarushimana for 4 July 2011.

This decision was announced at the initial appearance of Callixte Mbarushimana
before the ICC. During this hearing, in the presence of the Prosecution and the
Defence, represented by Mr Nicholas Kaufman, Pre-Trial Chamber I verified the
identity of Callixte Mbarushimana and ensured that he was clearly informed of
the charges brought against him and of his rights under the Rome Statute of the
ICC.

A confirmation of charges hearing is held to determine whether there is
sufficient evidence to establish substantial grounds to believe that the person
committed each of the crimes charged. If the charges are confirmed, the
Pre-Trial Chamber commits the case for trial before a Trial Chamber, which will
conduct the subsequent phase of the proceedings: the trial.

…Mr Mbarushimana, a 47 year old alleged national of Rwanda, was surrendered and
transferred to the ICC on 25 January 2011, by the French authorities following a
warrant of arrest issued by the Pre-Trial Chamber I on 28 September 2010 and his
arrest on 11 October 2010. According to the warrant of arrest, Mr Mbarushimana
is allegedly criminally responsible, under article 25(3)(d) of the Rome Statute
of the ICC, for five counts of crimes against humanity (murder, torture, rape,
inhumane acts and persecution) and six counts of war crimes (attacks against the
civilian population, destruction of property, murder, torture, rape and inhuman
treatment)…."


II. COALITION MEMBER STATEMENTS

1. "DR Congo: Strengthen Plan for War Crimes Trials", Joint Conference Proposes
Revisions to Proposed Legislation for a Specialized Mixed Court, Human Rights
Watch Press Statement, 15 April 2011,
http://www.hrw.org/en/news/2011/04/15/dr-congo-strengthen-plan-war-crimes-trials
(NOTE: for the full text of the `Common Position' statement please see:
http://www.hrw.org/en/news/2011/04/15/dr-congo-establishment-specialized-mixed-c
ourt-prosecution-serious-international-cri)

2. "Memorandum from Amnesty International to the government of the Democratic
Republic of the Congo", Amnesty International's comments and recommendations on
the second draft of the `Avant-Projet de Loi relative aux Chambres spécialisées
pour la répression des violations graves du Droit international humanitaire'
(`the Advance-Project on Law relative to specialized Chambers for the repression
of serious violations of international humanitarian law'), February 2011,
http://www.amnesty.org/en/library/asset/AFR62/003/2011/en/4ffa250d-c651-44a4-9ee
c-fb4b113ad986/afr620032011en.pdf


III. LATEST TRIAL AND CASE NEWS AND OPINIONS

A. LUBANGA TRIAL

1. "Two Witnesses Testify for Defense; Judge Lectures Prosecution For Not
Keeping Court Witness in The Hague" by Judith Armatta, LubangaTrial, 14 April
2011,
http://www.lubangatrial.org/2011/04/14/two-witnesses-testify-for-defense-judge-l
ectures-prosecution-for-not-keeping-court-witness-in-the-hague/

2. "Bosco Ntaganda Secretary Testifies" by Judith Armatta, LubangaTrial, 13
April 2011,
http://www.lubangatrial.org/2011/04/13/bosco-ntaganda-secretary-testifies/

3. "Village Fighters Included Children Under 15" by Judith Armatta,
LubangaTrial, 12 April 2011,
http://www.lubangatrial.org/2011/04/12/village-fighters-included-children-under-
15/

4. "Use of Child Soldiers Against Mr. Lubanga's Values" by Judith Armatta,
LubangaTrial, 8 April 2011,
http://www.lubangatrial.org/2011/04/08/use-of-child-soldiers-against-mr-lubanga%
E2€™s-values/

5. "UPC Decrees Demobilization of Child Soldiers But Seeks More" by Judith
Armatta, LubangaTrial, 6 April 2011,
http://www.lubangatrial.org/2011/04/06/upc-decrees-demobilization-of-child-soldi
ers-but-seeks-more/

6. "Defense Witness Denies Forced Conscription of Children in Second Day of
Testimony" by Judith Armatta, LubangaTrial, 31 March 2011,
http://www.lubangatrial.org/2011/03/31/defense-witness-denies-forced-conscriptio
n-of-children-in-second-day-of-testimony/

7. "Lubanga Chronicle #107 Defence Witness 19: "Lubanga issued orders to
demobilized child soldiers within the UPC"," Aegis Trust, 30 March 2011,
http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-107-defence-witne
ss-19-qlubanga-issued-orders-to-demobilized-child-soldiers-within-the-upcq.html

8. "Ex-Child Soldiers in DRC Drawn Back Into Military Ranks" by Erick Kenzo,
IWPR, 8 February 2011, http://iwpr.net/uz/node/50258

9. "Lubanga Chronicle #106 Judges make public the details of the decision on
abuse of process", Aegis Trust, 8 March 2011,
http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-106-judges-make-p
ublic-the-details-of-the-decision-on-abuse-of-process.html

10. "Chamber Clarifies Disclosure Rule" by Judith Armatta, LubangaTrial, 8
February 2011,
http://www.lubangatrial.org/2011/02/08/chamber-clarifies-disclosure-rule/

B. KATANGA/NGUDJOLO TRIAL

11. "Militiamen Sent to Testify in Warlords Trials at ICC", Congo
Planet/L'Avenir, 28 March 2011,
http://congoplanet.com/news/1823/thomas-lubanga-dylo-germain-katanga-internation
al-criminal-court-icc-luis-moreno-ocampo.jsp

12. "ICC hears first Defence witness about Bogoro massacre" by Thijs Bouwknegt,
RNW, 24 March 2011,
http://www.rnw.nl/international-justice/article/icc-hears-first-defence-witness-
about-bogoro-massacre

13. "Germain Katanga will begin presenting evidence on Wednesday", Fondation
Hirondelle, 21 March 201, http://fr.hirondellenews.com/content/view/15978/571/
(FRENCH)

14. "Victim's Representatives Present their First Witnesses" Fondation
Hirondelle, 21 February 2011,
http://fr.hirondellenews.com/content/view/15884/296/ (FRENCH)

15. "Why the Katanga Trial Matters" by Kelly Askin, Open Society Blog, 20
February 2011, http://blog.soros.org/2011/02/why-the-katanga-trial-matters/

C. MBARUSHIMANA CASE

1. "Callixte Mbarushimana appeals for release at the ICC" Hague Justice Portal,
31 March 2011,
http://www.haguejusticeportal.net/eCache/DEF/12/523.TGFuZz1FTg.html

2. "Rwandan rebel: I am innocent of Congo war crimes" by Mike Corder, AP/The
Daily Caller, 28 January 2011,
http://dailycaller.com/2011/01/28/rwandan-rebel-says-he-is-innocent-of-congo-cri
mes/


IV. OTHER NEWS AND OPINIONS

1. "US Hails DRC Progress in its Fight Against Impunity!", Digital Congo, 8
April 2011, http://www.digitalcongo.net/article/74885 (FRENCH)

2. "Report Mapping: UN High Commissioner for Human Rights calls for justice for
victims" Radio Okapi, 5 April 2011,
http://radiookapi.net/actualite/2011/04/05/rapport-mapping-le-haut-commissariat-
de-l’onu-aux-droits-de-l’homme-exige-justice-pour-les-victimes/
(FRENCH)

3. "Key political risks to watch in Congo-FACTBOX" by Jonny Hogg, Trade the
News, 2 April 2011,
http://www.forexyard.com/en/news/Key-political-risks-to-watch-in-Congo-2011-04-0
1T165525Z-FACTBOX

4. "UN concerned by human rights situation in DRC", Radio Okapi, 23 March 2011,
http://radiookapi.net/actualite/2011/03/23/les-nations-unies-preoccupees-par-la-
situation-des-droits-de-l’homme-en-rdc/ (FRENCH)

5. "Flory Kabange blanchit Bosco Ntaganda", CongoNews, 23 March 2011,
http://www.congoforum.be/fr/nieuwsdetail.asp?subitem=1&newsid=175712&Actualiteit
=selected (FRENCH)

6. "The evolution of ICC activities in DRC", Radio Okapi, 16 March 2011
http://radiookapi.net/emissions-audio/parole-aux-auditeurs/2011/03/16/l’
evolution-des-activites-de-la-cour-penale-internationale-cpi-en-rdc/ (FRENCH)

7. "DRC: UN advocates the creation of a special fund for the victims of sexual
violence", Radio Okapi, 4 March 2011,
http://radiookapi.net/actualite/2011/03/04/rdc-l’onu-preconise-la-creati
on-d’un-fonds-special-de-soutien-aux-victimes-des-violences-sexuelles/

8."Bosco Ntaganda: the Terminator's golden business", RNW, 2 March 2011,
http://www.rnw.nl/international-justice/article/bosco-ntaganda-terminatorâ€%
99s-golden-business

9. "UN says world leaders must act to stop systematic rape of girls in conflict
zones" by Larry Elliott, Guardian (UK), 1 March 2011,
http://www.guardian.co.uk/global-development/poverty-matters/2011/mar/01/unesco-
report-education-sexual-violence

10. "Efforts to Strengthen DRC Judiciary Floundering", by Passy Mubalama, IWPR,
23 February 2011,
http://iwpr.net/report-news/efforts-strengthen-drc-judiciary-floundering

11. "Congo jet has Houston link" by Mike Tolson, Houston Chronicle, 22 February
2011, http://www.chron.com/disp/story.mpl/metropolitan/7441625.html

12. "Fight against impunity: a step forward in Eastern DRC", Le Podcast Journal,
23 February,
http://www.podcastjournal.net/Lutte-contre-l-impunite-un-pas-en-avant-a-l-Est-de
-la-RDC_a7384.html(FRENCH)

13. Margot Wallström promises to advocate on behalf of victims of sexual
violence" crimes, Radio Okapi, 9 February 2011,
http://radiookapi.net/emissions-audio/2011/02/09/margot-wallstrom-promet-de-fair
e-un-plaidoyer-pour-les-victimes-des-violences-sexuelles/ [AUDIO] (FRENCH)

14. "Progess in the stabilization of the country, according to UN envoy",
AllAfrica, 7 February 2011, http://fr.allafrica.com/stories/201102071857.html
(FRENCH)

15. "Security Council Concerned", Le Figaro, 7 February 2011,
http://www.congoforum.be/fr/nieuwsdetail.asp?subitem=1&newsid=174339&Actualiteit
=selected (FRENCH)

16. "Treating Rape as a Fundamental Issue in Congo's War" by Emily Backes,
Enough Project, 24 January 2011,
http://enoughproject.org/blogs/treating-rape-seminal-issue-congo-war#

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to-date information about the
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.

Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague,
The Netherlands