OTP Briefing

Issue #143 16-30 June 2013

NEWS
Prosecutor Bensouda travels to Tunisia
19-21 June - Prosecutor Fatou Bensouda met with high-level Tunisian officials, including Prime Minister Ali Larayedh, Justice Minister Nadhir Ben Ammou, Foreign Minister Othman Jarandi, as well as members of the Tunisian bar association and of the judiciary. Prosecutor Bensouda was in Tunis to attend a conference organized by No Peace Without Justice, the Transitional Justice Academy, and the Kawakibi Democracy Transition Center on 20 June. She also met with other officials, including Libyan focal point to the ICC, Dr. Ahmed El Gehani, and Palestinian Minister of Justice Ali Muhanna.

Prosecutor Fatou Bensouda with Tunisian Foreign Minister Othman Jarandi

Prosecutor Fatou Bensouda with Tunisian Prime MinisterAli Larayedh

Prosecutor Fatou Bensouda and Palestinian Justice Minister Ali Muhanna (left)

OTP Activities
OVERVIEW
8 situations under investigation 18 cases in relation to 25 persons Arrest warrants outstanding against 12 individuals 8 preliminary examinations in 4 different continents Phases 6 cases at Pre-Trial Stage 5 cases before Trial Chambers 2 cases before Appeals Chamber 2 verdicts

I. Preliminary Examinations
Preliminary examinations refer to the analytical process by which the OTP assesses 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 information from multiple sources, including communications from individuals and parties concerned (phase 1 initial review). Following a sequential process, and irrespective of the mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal criteria laid out in Article 53 of the Statute, namely jurisdiction, including temporal/territorial/personal and subjectmatter jurisdiction (phase 2), admissibility, including complementarity and gravity (phase 3) and the interests of justice (phase 4). Currently, the OTP is conducting preliminary examinations into eight situations: Afghanistan, Honduras, Korea and the Comoros referral (phase 2), Colombia, Georgia, Guinea, and Nigeria (phase 3).

II. Investigations and Prosecutions

1. Situation in the Democratic Republic of the Congo (DRC) Referred: April 2004 Investigation Opened: June 2004
Trials

The Prosecutor v Thomas Lubanga Dyilo charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002 2003 Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to a total of 14 years of imprisonment; principles and procedures to be applied to reparations established on 7 August. This decision is subject to appeal. The Prosecutor v Germain Katanga and The Prosecutor v Mathieu Ngudjolo Chui charged with war crimes and crimes against humanity committed during the attack of the village of Bogoro in the Ituri region on 24 February 2003 Status: Closing oral statements took place from 15 to 23 May 2012; charges severed by Judges on 21 November; on 18 December, Ngudjolo Chui acquitted of all charges; on 21 December, Ngudjolo Chui was released from custody. The Prosecution has appealed the decision. Pre-Trial The Prosecutor v Bosco Ntaganda charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002-2003; a second warrant was issued to include war crimes of murder, attacks against the civilian population, rape and sexual slavery, and pillaging, as well as crimes against humanity of murder, rape and sexual slavery, and persecution Status: Initial appearance on 26 March 2013; confirmation of charges hearing scheduled for 10 February 2014; Opening of the confirmation of charges hearing is postponed-more information here Warrant Pending The Prosecutor v Sylvestre Mudacumura charged with war crimes of attacking civilians, 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 20 January 2009 and end of September 2010 Issued: 13 July 2012 The Registrar of the International Criminal Court (ICC) has commissioned an independent external review of the allegations of sexual assault of four individuals under the ICCs protection programme by a former staff member working in the Democratic Republic of the Congo (DRC). This decision follows the completion of an initial internal inquiry that was announced on 12 April 2013 more information here

2. Situation in Uganda Referred: January 2004 Investigation opened: July 2004 Warrants Pending The Prosecutor v Joseph Kony et al. charged with war crimes and crimes against humanity committed during LRAs insurgency activities in Northern Uganda 2002 2004 Issued: 8 July 2005. On 11 July 2007, Pre-Trial Chamber I ordered to terminate the proceedings against Raska Lukwiya. On 8 November 2007, the OTP submitted information to the PTC on the reported death of Vincent Otti.
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3. Situation in Darfur, the Sudan Referred: March 2005 Investigation opened: June 2005 Trial The Prosecutor v Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Status: Charges confirmed; trial date set for 5 May 2014 Prosecution to present additional evidence The Prosecutor v Bahar Idriss Abu Garda charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Warrants Pending The Prosecutor v Omar Al Bashir charged with war crimes, crimes against humanity and genocide committed as part of the counter-insurgency campaign in Darfur 2003 2008 (at least) Issued: 4 March 2009 & 12 July 2010 The Prosecutor v Ali Kushayb and Ahmad Harun charged with war crimes and crimes against humanity committed during the attacks against the civilian population in Darfur August 2003 March 2004 Issued: 27 February 2007 The Prosecutor v Abdel Raheem Muhammad Hussein - charged with war crimes and crimes against humanity committed during attacks against the civilian population in Darfur August 2003 March 2004 Issued: 1 March 2012 4. Situation in the Central African Republic (CAR) Referred: January 2005 Investigation opened: May 2007 Trial The Prosecutor v Jean-Pierre Bemba Gombo charged with war crimes and crimes against humanity, including a massive rape campaign, committed in CAR between 26 October 2002 15 March 2003 Status: Prosecution completed the presentation of its case on 21 March 2012; Defense started its presentation on 14 August 2012; the trial resumed on 4 March 2013 following a temporary suspension. 5. Situation in Kenya OTP request to start investigation: November 2009 Investigation opened: March 2010 Trials The Prosecutor v William Samoei Ruto and Joshua Arap Sang charged with crimes against humanity committed during the postelectoral violence in Kenya on or about 30 December 2007 end January 2008; 18 June 2013, Trial Chamber V(A) of the International Criminal Court (ICC) conditionally granted, by majority, the request of William Samoei Ruto to be excused from being physically present continuously throughout the trial, scheduled to start on 10 September 2013- more information here Status: Case sent to trial on 23 January 2012, trial date set for 10 September 2013 The Prosecutor v Uhuru Muigai Kenyatta charged with crimes against humanity committed during the post-electoral violence in Kenya 24 28 January 2008 Status: Case sent to trial on 23 January 2012, trial date set for 12 November 2013 (charges withdrawn against Francis Kirimi Muthaura) 6. Situation in Libya Referred: February 2011 Investigation opened: March 2011 Warrants Pending The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al Senussi charged with crimes against humanity committed during attacks on the civilian population by the Libyan Security Forces 15 February at least 28 February 2011 Issued: 27 June 2011; the Chamber decided that Libya could postpone the execution of the request to surrender Saif Al-Islam Gaddafi on 1 June 2012, pending a final determination on the admissibility challenge. Regarding Abdullah Al Senussi, the Chamber rejected Libyas request to postpone the execution of the arrest warrant on 6 February 2013, and ordered immediate surrender 7. Situation in Cte dIvoire OTP request to start investigation: June 2011 Investigation opened: October 2011 Warrant executed The Prosecutor v Laurent Gbagbo charged with war crimes and crimes against humanity committed after the November 2010 Ivorian elections
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Issued: 23 November 2011 (under seal) Status: initial appearance on 5 December 2011; confirmation of charges hearing took place from 19 to 28 February 2013. Warrant pending The Prosecutor v Simone Gbagbo charged with war crimes and crimes against humanity committed after the November 2010 Ivorian elections. Issued: 29 February 2012 (under seal) 8. Situation in Mali Referred: July 2012 Investigation opened: January 2013

III. Arrests - Cooperation

12 PERSONS SOUGHT BY THE COURT

The Prosecutor v Simone Gbagbo (more information here) Current location: Cte dIvoire The Prosecutor v Sylvestre Mudacumura (more information here) Current location: Eastern DRC The Prosecutor v Joseph Kony et al (more information here) Current location: variously, at different times, in the border area between DRC, CAR and South Sudan The Prosecutor v Ahmed Harun and Ali Kushayb (more information here) Current location: South Kordofan, Sudan (A. Harun) Sudan (A. Kushayb) The Prosecutor v Omar Hassan Ahmad Al Bashir (more information here) Current location: Khartoum, Sudan The Prosecutor v Abdel Raheem Muhammad Hussein (more information here) Current location: Khartoum, Sudan The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al-Senussi (more information here) Current location: Libya
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IV. Other Co-operation

17 June - At the 6980th meeting of the UN Security Council in connection with the Councils consideration of the item entitled Children and armed conflict, the President of the Security Council Rosemary DiCarlo, US Deputy Permanent Representative, making the following Statement on behalf of the Council, stressed that the fight against impunity and to ensure accountability for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children has been strengthened through the work on and prosecution of these crimes in the international criminal justice system, ad hoc and mixed tribunals as well as specialised chambers in national tribunals. The Presidential Statement highlighted in this regard the contribution of the International Criminal Court, in accordance with the principle of complementarity to national criminal jurisdictions as set out in the Rome Statute, towards holding accountable those responsible for such crimes. In this regard, the Security Council reiterated its call on the importance of State cooperation with these courts and tribunals in accordance with the States respective obligations. 24 June - The UN Security Council held a meeting on the prevention of sexual violence in conflict and adopted a resolution on Women and peace and security: sexual violence in conflict; Resolution 2106 (2013) notes that the fight against impunity for the most serious crimes of international concern committed against women and girls has been strengthened through the work of the ICC. A number of states noted the importance of the ICC: Ambassador Gary Quinlan (Australia) as well as the Permanent Representative of New Zealand to the United Nations Jim McLay both indicated that that where national jurisdictions were unable or unwilling to prosecute crimes of sexual violence, the Council should consider referral to the International Criminal Court. Permanent Representative of Luxembourg to the United Nations Sylvie Lucas as well as Karin Enstrom, Minister of Defence of Sweden, lauded efforts of the International Criminal Court in playing a complementary role in in post-conflict situations when countries did not have legal systems that could try the perpetrators with all the guarantees of a fair trial, howsoever stressing the need to seek effective prosecution of sexual violence must be at the national level. The Permanent Representative of Senegal to the United Nations Abdou Salam Diallo, in regards to combating impunity at the international level, pointed that the International Criminal Court must ensure justice be served to the victims and survivors, while the Permanent Representative of Slovenia to the United Nations Matej Marn noted that the International Criminal Court was the only tribunal that referred to sexual violence as a crime against humanity. 26 June - The UN Security Council held a meeting on how the expanded use of new technologies in United Nations peacekeeping operations could bolster both military and political intelligence and help save lives. During the same meeting the Security Council heard briefings by force commanders of a number of missions. Mr. Philippe Bertoux (Political Counsellor of France to the United Nations), welcoming the expanded mandates on issues such as arresting those sought by the International Criminal Court and the protection of civilians, said that each of those tasks required training for military personnel, as did those relating to ensuring respect for human rights.

V. Upcoming Events July

1 8 Prosecutor and Deputy Prosecutor celebrate the Day of International Criminal Justice, The Hague 15 2 4 9 3 10 11 5 12 6 13 7 14

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17 Day of International Criminal Justice

18 Prosecutors mission to Cte dIvoire

19 Prosecutors mission to Cte dIvoire Start of summer judicial recess

20 Prosecutors mission to Cte dIvoire

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VI. Other Information

* This document reflects the views of the Office of the Prosecutor of the ICC. For more information, contact Mrs. Olivia Swaak-Goldman, International Cooperation Adviser in the Office of the Prosecutor, at Olivia.Swaak-Goldman@icc-cpi.int

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