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DRC: Latest Trial Updates; Related News and Opinions

13 May 2011

Dear all,

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

This message includes a press release issued by the ICC (I); trial updates (II); related news and opinions (III); audiovisual resources (IV); and other developments (V).

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

With regards,
CICC Secretariat
www.coalitionfortheicc.org

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I. ICC PRESS RELEASE

Note: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

1. "Seminars on the International Criminal Court in DRC universities continue", ICC Press Release, 21 April 2011, http://www.icc-cpi.int/menus/icc/press and media/press releases/pr657

"For the second consecutive year, and following those held in the universities of Goma and Bukavu in January and February 2011 respectively, the Outreach Unit held seminars on the International Criminal Court (ICC) at Lubumbashi University from 9 to 12 April and Kisangani University from 15 to 16 April 2011. Over two hundred first and second year undergraduate students of law attended the seminars on the ICC which consisted of: a general introduction; key features of the ICC in relation to criminal law, criminal procedure and the Court's structure and jurisdiction; and international cooperation between the Court and States. Use of the Court's jurisprudence in practical exercises to reinforce the theory was particularly popular with the students, enabling them to analyse judicial practice in terms of the law applicable before the Court.

The seminars sparked lively debates on subjects such as the role of the United Nations Security Council, the issue of head of State immunity, the tension between state sovereignty and the ICC, victims' rights and the ICC's work in Africa. Discussions also focussed on judicial developments in the cases before the Court. Congolese students' ever-increasing interest in the ICC is apparent from the number of final year dissertations and theses on the Court, despite the difficulties they experience in accessing information. To overcome these obstacles, the ICC Outreach Unit has started to provide the relevant materials to the law faculties of partner universities in the provinces. In Kinshasa, information is more readily available at a small library, provided free of charge by the Court, and which includes over fifty legal volumes, enabling Outreach Unit staff to regularly assist students with their research.

In July, to mark the Day of International Criminal Justice, the ICC's Outreach Unit in the DRC will organise an inter-university moot court competition in partnership with the universities."

II. LATEST TRIAL NEWS AND OPINIONS

A. LUBANGA TRIAL

On 21 March 2011, the trial against Thomas Lubanga Dyilo resumed following the decision of ICC Trial Chamber (TC) I to reject the defence's application for a stay of proceedings based on various challenges, in particular the disclosure of the identities of witnesses and participating victims. The defence 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.

1. "Evidence Phase of Trial Reaches End" by Judith Armatta, Lubanga Trial Website, 18 April 2011 http://www.lubangatrial.org/2011/04/18/evidence-phase-of-trial-reaches-end/,

2. "Defence finishes presenting its evidence", Aegis Trust, 19 April 2011,
http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-111-defence-finishes-presenting-its-evidence.html

3. "First ICC trial to conclude," International Justice Tribune, 27 April 2011, http://www.rnw.nl/international-justice/article/first-icc-trial-conclude

4. "Lubanga trial drawing to a close", The Hague Justice Portal, 27 April 2011, http://www.haguejusticeportal.net/eCache/DEF/12/565.TGFuZz1FTg.html

5. "Judges call an additional witness", Hirondelle News Agency, 2 May 2011, http://fr.hirondellenews.com/content/view/16143/571/ [In French]

6. "The international criminal court's task is monumental - and vital," Geoffrey Bindman, The Gardian, 5 May 2011, http://www.guardian.co.uk/law/2011/may/06/international-criminal-court-task-vital

B. KATANGA/NGUDOLO TRIAL

On 21 March 2011, the defence teams for Germain Katanga and Mathieu Ngudjolo Chui began presenting their cases before ICC TC II. Katanga and Ngudjolo's defence are intending to call 22 and 18 witnesses, respectively.

1. "Witness Seeks Political Asylum in the Netherlands", Hirondelle News Agency Agency, 2 May 2011, http://www.hirondellenews.com/content/view/14293/564/

2. "The Netherlands reject asylum requests submitted by witnesses", Hirondelle News Agency Agency, 12 May 2011, http://fr.hirondellenews.com/content/view/16186/571/ [In French]

3. "Third Defense Witness Blames DRC Government for Attack on Bogoro" by Jennifer Easterday, Katanga Trial Website, 29 April 2011,
http://www.katangatrial.org/2011/04/third-defense-witness-blames-drc-government-for-attack-on-bogoro/

4. "Floribert Njabu Concludes his Testimony" by Jennifer Easterday, Katanga Trial Website, 27 April 2011, http://www.katangatrial.org/2011/04/floribert-njabu-concludes-his-testimony/

5. "Witnesses Complain about Their Detention in Kinshasa", Hirondelle News Agency Agency, 21 April 2011 http://www.hirondellenews.com/content/view/14278/564/ [In French]

6. "Appearance of Ituri Militia Fuels Speculation", by Olivia Bueno, Katanga Trial Website, 15 April 2011 http://www.katangatrial.org/2011/04/appearance-of-ituri-militia-fuels-speculation/

7. "Q&A with David Hooper, Defense Counsel of Germain Katanga: Part II" by Judit Algueró Llop, Katanga Trial Website, 13 April 2011, http://www.katangatrial.org/2011/04/qa-with-david-hooper-defense-counsel-of-germain-katanga-part-ii

8. "Q&A with David Hooper, Defense Counsel of Germain Katanga: Part I" by Judit Algueró Llop, Katanga Trial Website, 7 April 2011, http://www.katangatrial.org/2011/04/qa-with-david-hooper-defense-counsel-of-germain-katanga-part-i/

III. OTHER NEWS AND OPINIONS

1. "Will trials bring peace to DR Congo's Ituri region?" by Thomas Hubert, BBC News, 27 April 2011 http://www.bbc.co.uk/news/world-africa-13199899

2. "Grim Prospects of DRC's Female Child Soldiers" by Taylor Toeka, IWPR, 28 April 2011, http://iwpr.net/report-news/grim-prospects-drc’s-female-child-soldiers

3. "Alarming study on rapes in the DRC", BBC, 11 May 2011 http://www.bbc.co.uk/afrique/region/2011/05/110511_drc_rape_report.shtml [In French]

4. "DRC Radio Branching Out in Kivus", IWPR, 4 May 2011,
http://iwpr.net/report-news/drc-radio-branching-out-kivus

5. "Face a La Justice Changing Attitudes in DRC" by IWPR, 27 April 2011, http://iwpr.net/report-news/face-la-justice-changing-attitudes-drc

6. "Congolese Stations Battle On" by Mélanie Gouby, IWPR, 6 April 2011, http://iwpr.net/report-news/congolese-stations-battle

7. "Democratic Republic of Congo profile", BBC, 4 May 2011
http://www.bbc.co.uk/news/world-africa-13286306

8. "Congo Electoral Commission Says Presidential Elections to Be Held Nov. 28", Bloomberg News, 30 April 2011, http://www.bloomberg.com/news/2011-04-30/congo-electoral-commission-sets-presidential-vote-for-nov-28.html

IV. AUDIOVISUAL RESOURCES

1. "Women in the Bulengo listening group listening to an IRfJ program", Interactive Radio for Justice, Justice Magazine Goma, 1 May 2011, http://www.irfj.org/2011/05/4-women-in-the-bulengo-listening-group-listening-to-an-irfj-program/

2. "Listening Clubs in Buhimba and Ndosho", Interactive Radio for Justice, Kivus Goma, 1 May 2011, http://www.irfj.org/2011/05/18-listening-clubs-in-buhimba-and-ndosho/

3. "Two Traditional Chiefs give their Opinion on the New Law on Sexual Violence", Interactive Radio for Justice, Justice Magazine , 1 May 2011, http://www.irfj.org/2011/05/17-deux-chefs-coutumiers-donnent-leur-point-de-vue-sur-la-nouvelle-loi-concernant-la-violence-sexuelle/

V. OTHER DEVELOPMENTS

A. FDLR TRIAL IN GERMANY

1. "Germany: Groundbreaking Trial for Congo War Crimes", Human Rights Watch Press Statement, 2 May 2011, http://www.hrw.org/en/news/2011/05/02/germany-groundbreaking-trial-congo-war-crimes

2. "Germany: Q&A on Trial of Two Rwandan Rebel Leaders," Human Rights Watch, 2 May 2011, http://www.hrw.org/de/news/2011/05/02/germany-qa-trial-two-rwandan-rebel-leaders

3. "Rwandan Hutu Chiefs face German Justice" by Audrey Kauffmann, AFP, 4 May 2011
http://www.google.com/hostednews/afp/article/ALeqM5jNcNHUMTHHSV91QXxUP9VuIJaB6A?docId=CNG.fb042f6ec4bd316db669fa9dfeee33be.171 [In French]

B. DRC MOBILE COURT

1. "DRC: Commanding officer convicted of mass rape in Fizi", Women's Voices,
Women's Initiatives For Gender Justice, 15 April 2011, http://www.iccwomen.org/news/berichtdetail.php?we_objectID=102

2. "Congo Justice: Final Judgments" by Chuck Sudetic, Open Society Blog, 6 May 2011, http://blog.soros.org/2011/05/congo-justice-final-judgments/

3. "Congo Justice: What Happened in Fizi" by Chuck Sudetic, Open Society Blog, 21 April 2011, http://blog.soros.org/2011/04/congo-justice-what-happened-in-fizi/

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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