Le Bureau du Procureur
The Offic:
of the Prosecutor
Criminal
Court
Issue #139
1-30 April 2013
The Prosecutor's statement in relation to situation in CAR
22 April - Prosecutor Bensouda gave a statement on the situation in the Central African Republic referring to its daily
deterioration and the continuous rise in number of civilian victims affected by serious crimes. ‘To those allegedly responsible for
these crimes, I say, understand this well: allegations of crimes under the Court's jurisdiction, including attacks against civilians, murder
and pillaging tn the Central Afriean Republic, are under close scrutiny by my office. This Court exists to end impunity for such erimes ad
our jurisdiction covers the whole of the Central African Republic. The people of the Central Afticar Republic have already suffered too
much, I will wot hesitate to prosecute those responsible for their suffering.
‘The day before, the EU High Representative Catherine Ashton stated: ‘The information we receive alleging violations of Inmet
rights committed in the country by members of the Seleka Looting, spills aud abuse suffered by the population must stop.” Furthermore,
she urged “all parties to take concrete measures fo protect the civiliay population, to restore public order aud security aid to end the
recruitment aud use of children ix armed groups. Those respousible for these acts must be held accountable International lamniterian law
aud the iuternational law of humax rights must be fully respected.” Lady Ashton called on the transitional authorities and on all the
forces of the country to ‘work together to restore the rule of law ad redress the socio-economic situation faced by the Central African
Republic”, and emphasized that ‘the Europea Union will remain very vigilaut as regards the respect of the Libreville Agreement aid
will monitor very closely the progress made in the implementation ofthe provisions of the roadmap for areturn to constitutional order."
ICC Office of the Prosecutor concludes visit to Colombia
19 April - A delegation from the Office of the Prosecutor (OTP)
conduded afive-day visit to Colombiain the context ofits preliminary
examination of the situation. The purpose of the vistt was to obtain
additiond information on measures taken by the Colombia
authorities to address the key focus areas for the preiiminay
examination. In November 2012, the Office published an intesmrepart
summarizing its findings with -
respect to jurisdiction and
admissibility, and outlining the
five areas of continuing focus : @) follow-up on the Legal Framework for Peace and
other relevant legislative developments, as wall as jwisdictional aspects relating to the
emergence of ‘new illegal amed groups’ (it) proceedings relating to the promotion and.
expansion of paramilitary groups; (it) proceedings relating to forced displacement; (v)
proceedings relating to sexual crimes, and, (0) false positive cases,During the visit, the OTP held talks with senior officials from all three branches of government, as well as international
organizations and civil society organizations. Discussions centred on the issues raised in the OTP’s Interim Report and how to
address the five areas of continuing focus. In this regard, the OTP received further information on the pricnitization of cases by
the Attomey General's Office in order to focus their investigations and prosecutions on those bearing the greatest
responsibility for the most serious crimes, Colombia today is at a crossroads, facing an opportunity to overcome decades of
conflict and bring an end to a situation that has led to the ongoing commission of alleged ICC crimes. The principles of the
Rome Statute to which Colombiais party — reflect the consensus of the intemational community regarding the integral role of
justicein ensuring peace, stability and security.
OVERVIEW
Ssituations weer brvestigation
Sess ie relaton to 25 persone
Arrest warvaits outstanding against individuals
T prelininary excninatons in & different continents
Phases
Gases at Pre-Trial Stage
Somes bfore Trial Chuanbers
2emees before Appeals Chanber
2oerdits
Pepe paced
Preliminary examinations refer to the analytical process by which the OTP azsesser whether there is a reasonable basis to proceed with an
investigation in a given situation.
In accordance with Article 15 of the Statute, the OTP proactively gathers and evaluates mformation from multiple sources, induding
“communications” from individuals and parties concerned (phase review). Folloving a sequential process, and irrespective of the
mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal aiteria laid out in Article 83 of the
Statute, namely jusiediction, induding temporaltenitorialipersonal and subject-matter jurisdiction (phase 2), admissibility, induding
complementarity and gravity (phaze3) and theinterests of justice (phase 4)
Currently, the OTP is conducting preliminary examinations into seven situations: Afghanistan, Honduras and Kores (phase 2), Colombia,
Georgia, Guinea, and Nigeria (phase3),
Taree teers
1 Situation in the Democratic Republic of the Congo (DRC) — Referred: April 2004 Investigation Opened: June 2004
Taials
‘The Prosecutor» Thomas Lubatpa Dyilo~ charged with war crimes of conscripting, enlisting and using children to actively particpatein
hostilities committed in the Ituri region 2002 ~2003
Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to. total of 14 years of imprisonment; prindiples and
procedures tobe applied toreparations established on 7 August. This decision is subject to appeal
‘Te Proseautor v Germain Katssea and The Prosecutor v Mcticw Noucolo Cla ~ charged with war crimes and crimes against humanity
committed during the attack of the village of Bogoroin the Ituri region on 24 February 2003
Status: Closing oral statements tock place from 15 to23 May 2012, charges severed by Judges on 21 November; on 16 December, Ngudjalo
Chui acquitted of all charges; on 21 December, Ngudjclo Chui was released from custody. The Prosecution has appealed the decision.
Pre-Thial
‘The Prosecutor v Bosco Néay-uda ~ charged with war crimes of consanpting, enlisting and using children to actively particpate in hostilities
committed in the Iturs region 2002-2003; a second warrant was issued to imdude war crimes of murder, attacks against the cvulian
population, rapeand sexual avery, and pillaging, as well as crimes against humanity of murder, rape and sexual davery, and persecution
Status: Initial app earance on 26 March 2013; confirmation of charges hearing scheduled for 23 September 2013
Page? of?Warrant Pending
‘The Prosecutor v Sylvestre Mudaaunoura ~ charged with war crimes of attacking aviians, murder, mutilation, cruel treatment, rape, torture,
destruction of property, pillaging and outrages against personal dignity committed in North and South Kivu Provinces of the DRC between,
20January 2009 and end of September 2010
Issued 13 July 2012
2. Situation in Uganda - Referred: January 2004 Investigation opened: July 20060
‘Warrants Pending
The Preseator» Joseph Kony eal. — charged with war crimes and cimes against humanity committed during LRA's insurgency activities im
Northern Uganda 20022008
Terueds 6 July 2005, On 11 july 2007, Pre-Trial Chamnber I ordered to terminate the proceedings against Raska Lukwiya, On 6 November
2007, the OTP submitted information tothe PTC on the reported death of Vincent Ot
4 Apnil - US Ambassador-at-large for Global Criminal Justice Stephen Rapp announced the names of individuals wanted for
war crimes and crimes against humanity under the newly expanded mandate of the US Rewards for Justice programme to
include ICC fugitives. Ambassador Rapp shared the news that Secretary of State, John Kerry, has approved the offer of up to
$5 million for information that leads to the arrest, transfer, and conviction of: the top three leaders of the Lord's Resistance
Amy (LRA): Joseph Kony, Okot Odhiambo, and Dominic Ongwen, as well as Sylvestre Mudarumurand, the military
commander of the Democratic Forces for the Liberation of Rwanda FDLR)
Trial
The Frececutor vy Abdalla Barca Abalcr Nowra ud Saleh Mohmvoned Jerbo Janus - charged vwith war crimes committed during an attack
againat the Hackanita AU peacekeeping bare m North Darfur on 29 September 2007
Status: Charges confirmed; trial date set for 5 May 2014
Prosecution to present additional evidence
‘The Prosecutor v Bali Icvise Abu Garda ~ charged with war crimes committed during an attack against the Hashanita AU peacekeeping bare
sm North Darfur on 29 September 2007
Warrants Pending
The Prosecutor v Ono Al Bashir — charged with war crimes, crimes against humanity and genoade committed a: part of the counter:
imsurgency campaign in Darfur 2005 — 2008 (at least)
Tesued: 4 March 2009 & 12 July 2010
The Proseautor v Ali Kushiayb and Alonod Mow charged with war crimes and crimes against humanity committed during the attacks against
the civilian population in Darfur Angust 2003 -March 2004
Iemued: 27 February 2007
‘The Proseator v Adel Raleem Muluovonod Hussein - charged with war arimes and arimes against humanity committed during attacks against
the cian population in Darfur August 2003 -March 2004
Terued: 1 March 2012
Trial
The Prosecutor v Jusi-Pierve Bomba Gomibo ~ charged with war crimes and crimes against humanity, imcuding a massive rape campaign,
committed in CAR between 26 October 2002-15 March 2003
Status: Prosecution completed the presentation of st case on 21 March 2012; Defense started sts precentation on 14 Angust 2012; the tral
resumed on 4 March 2013 following a temp orary susp ension.
Tela
Thu Proseator v Willson Sensei Ruto aud Josaun Avy Sais ~ charged with crimes against humanity committed during the pos-electoral
violence in Kenya on or about 50 December 2007 — end Janeary 2008
Status: Case sent to tril on 23 January 2012, tral date set for 28 May 2013
Tha Proseautor» Was Muigat Kenyatta ~ charged with erimes against humanity committed during the post electoral viclence im Kenya 24—
28 January 2008
Status: Case sent to tral on 23 Janwary 2012, tial date set for 9July2013 (charges withdraven against Francs Kiimi Muthaura)
4 Apnil - US ambassador-at-large for war crimes Stephen Rapp declared at a forum on US-ICC relations held at the Brookings
Institution, a Washington think tank that “the indictments issued by the ICC against prominent Kenyans helped prevent violence
Pages of?
(Critical Human Rights) Carlos Iván Degregori, Steve J. Stern, Nancy Appelbaum, Joanna Drzewieniecki, Héctor Flores, Eric Hershberg, Judy Rein, Kimberly Theidon-How Difficult It Is To Be God - Shining