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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

Key ICC Judicial & Other Developments (January 2022 – June. 2022)

1) INVESTIGATIONS/CASES

a. Al Hassan Case – Mali [Opening statements and presentation of evidence by the Legal Representatives of Victims and the Defense]

Al Hassan

Photo: International Criminal Court

 

b. Blé Goudé Case – Côte d’Ivoire [Judges reject Mr. Blé Goudé’s request for compensation]

  • On 10 February 2022, the Chamber constituted to decide on the request for compensation presented by Mr. Charles Blé Goudé pursuant to Article 85(3) of the Rome Statute of the ICC issued its decision rejecting this request, as it found that the fair trial rights of Mr. Blé Goudé were safeguarded during the criminal proceedings. The Chamber, therefore, concluded that the Prosecution’s actions had not risen to the level of a wrongful prosecution and that no other form of a grave and manifest miscarriage of justice had been shown to have taken place, therefore dismissing Mr. Blé Goudé’s request.
  • More information about the case can be found here.

Photo: International Criminal Court

 

c. Gicheru Case – Kenya [Opening of the trial and statements]

  • On 15 February 2022, the trial against Mr. Gicheru, accused of offenses against the administration of justice consisting in corruptly influencing witnesses regarding cases from the situation in Kenya, opened before the Trial Chamber III. Mr. Gicheru pleaded not guilty to all charges while the prosecution presented its opening statements on the same day. Eight witnesses testified for the prosecution.
  • The Defence announced on 25 April 2022 that it will not present any evidence.
  • Closing statements took place on 27 June 2022. The Trial Chamber III will deliberate on the proceedings and, within a reasonable period, will pronounce its decision on conviction or acquittal pursuant to article 74 of the Rome Statute.
  • More information on the case can be found here.

Photo: International Criminal Court

 

d. Said Case - Central African Republic [Trial to open on 26 September 2022]

  • On 21 February 2022, the Trial Chamber VI scheduled the opening of the trial in the Said Case for 26 September 2022.
  • More information on the case can be found here.

Photo: International Criminal Court

 

e. Mokom Case – Central African Republic [Trial to open on 26 September 2022]

  • On 14 March 2022, Mr. Maxime Jeoffroy Eli Mokom Gawaka (“Mr. Mokom”) was surrendered to the ICC by the authorities of the Republic of Chad on account of an ICC warrant of arrest issued under seal on 10 December 2018. Mr. Mokom is suspected of war crimes and crimes against humanity allegedly committed in Bangui and other locations in the Central African Republic in 2013 and 2014.
  • On 22 March 2022, Maxime Jeoffroy Eli Mokom Gawaka made his first appearance before Pre-Trial Chamber II. The opening of the confirmation of charges hearing was scheduled for 31 January 2023.
  • More information on the case can be found here.

Photo: International Criminal Court

 

f. Abd-Al-Rahman Case (“Ali Kushayb”) – Darfur, Sudan [Opening of the trial]

  • On 5 April 2022, the trial opened before Trial Chamber I and is currently ongoing. Mr. Abd-Al-Rahman is accused of 31 counts of war crimes and crimes against humanity allegedly committed in Darfur, Sudan, between August 2003 and at least April 2004. He pleaded not guilty to all the charges.
  • ore information about the case can be found here.

Photo: International Criminal Court

 

g. Al-Werfalli Case – Darfur, Sudan [Termination of proceedings]

  • On 15 June 2022, the ICC Pre-trial Chamber I terminated proceedings against Mr. Mahmoud Mustafa Busayf Al-Werfalli, following the Prosecution’s notification of his passing and request to withdraw the warrants of arrest.
  • More information about the case can be found here.

Photo: International Criminal Court

 

h. Situation in Georgia

  • On 10 March 2022, the ICC Prosecutor announced an application for arrest warrants in relation to three individuals in the Situation in Georgia, which focused on unlawful confinement, ill-treatment, hostage-taking, and subsequent unlawful transfer of ethnic Georgian civilians in the context of an occupation by the Russian Federation:
  • Lt.-Gen. Mikhail Mayramovich MINDZAEV, appointed in 2005 as the Minister of Internal Affairs of the South Ossetian administration until at least 31 October 2008;
  • Gamlet GUCHMAZOV, Head of the Preliminary Detention facility of the de facto Ministry of Internal Affairs of South Ossetia at the time of events; and
  • David Georgiyevich SANAKOEV, de facto Presidential Representative for Human Rights of South Ossetia, also known as “Ombudsman” at the time of events.
  • On 30 June 2022, the Pre-Trial Chamber I of the ICC issued the public redacted versions of arrest warrants for these three individuals.
  • More information about this Situation can be found here.
 

i. Situation in the Republic of the Philippines

  • On 24 June 2022, the ICC Prosecutor filed an application seeking authorization for his Office to resume investigation of the Situation in the Republic of the Philippines.
  • This development followed the decision of the Pre-Trial Chamber I on 15 September 2021 to authorize the Prosecutor to commence an investigation of crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called “war on drugs” campaign.
  • More information about this Situation can be found here.
 

j. Situation in Ukraine

  • On 1-2 March 2022, the ICC Prosecutor Office received a State Party referral from the Republic of Lithuania and a joint referral from 39 States Parties* on 2 March 2022. On 11 March 2022, two additional States referred the Situation, and on 21 March 2022 and 1 April 2022, Montenegro and the Republic of Chile joined the group State Party referral of the situation.
  • Following the ICC Prosecutor’s memorandum of 1 March 2022, which informed the ICC Presidency of his intention to submit a request for authorization to open an investigation into the Situation in Ukraine, the ICC Presidency assigned this Situation to the Pre-Trial Chamber II on 2 March 2022.
  • The scope of the investigation encompasses any past and present allegations of war crimes, crimes against humanity, or genocide committed on any part of the territory of Ukraine by any person from 21 November 2013 onwards.
  • On 25 April 2022, the Office of the Prosecutor announced that it became a participant in the joint investigation team (JIT) on alleged core international crimes committed in Ukraine under the auspices of Eurojust.
  • On 17 May 2022, ICC Prosecutor announced the deployment of 42 investigators, forensics experts, and support personnel to Ukraine to advance the ICC investigations in cooperation with the Government of the Netherlands.
  • More information about this Situation can be found here.

* The Republic of Albania, Commonwealth of Australia, Republic of Austria, Kingdom of Belgium, Republic of Bulgaria, Canada, Republic of Colombia, Republic of Costa Rica, Republic of Croatia, Republic of Cyprus, Czech Republic, Kingdom of Denmark, Republic of Estonia, Republic of Finland, Republic of France, Georgia, Federal Republic of Germany, Hellenic Republic, Hungary, Republic of Iceland, Ireland, Republic of Italy, Republic of Latvia, Principality of Liechtenstein, Grand Duchy of Luxembourg, Republic of Malta, New Zealand, Kingdom of Norway, Kingdom of the Netherlands, Republic of Poland, Republic of Portugal, Romania, Slovak Republic, Republic of Slovenia, Kingdom of Spain, Kingdom of Sweden, Swiss Confederation, United Kingdom of Great Britain and Northern Ireland

 

 

2) PRELIMINARY EXAMINATIONS

a. Situation in Bolivia

Bolivia

  • On 14 February 2022, the ICC Prosecutor decided to close the preliminary examination of the Situation in Bolivia and determined that an investigation was not warranted. The Government of Bolivia made a referral to the ICC Prosecutor’s Office on 4 September 2020, whereby it requested the Prosecutor to initiate an investigation into crimes against humanity allegedly committed in its territory, with the view to determining whether one or more persons should be charged with the commission of such crimes.
  • The ICC Prosecutor determined that the information available does not provide a reasonable basis to believe that alleged crimes within the jurisdiction of the ICC have been committed and concluded that the alleged conduct does not satisfy the contextual elements for crimes against humanity.
  • More information about the situation can be found here.
 

b. Situation in Venezuela

Venezuela

  • On 16 April 2022, ICC Prosecutor received a request from the Bolivarian Republic of Venezuela (“Venezuela”) to defer his Office’s investigations concerning the Situation in Venezuela I, under article 18(2) of the Rome Statute. In his notification to the Pre-Trial Chamber, the ICC Prosecutor notified of his intention to apply for authority to resume his investigations, as he concluded that no new information had been submitted that would warrant a revision of his earlier complementarity assessment that relevant potential cases that would arise from an investigation into the situation would be admissible.
  • More information about the Situation can be found here.
 

 

3) Other Developments

a. Mr. Mame Mandiaye Niang and Ms. Nazhat Shameem Khan were sworn in as ICC Deputy Prosecutors

  • On 7 March 2022, Mr. Mame Mandiaye Niang and Ms. Nazhat Shameem Khan gave their solemn undertaking and formally took office as the Deputy Prosecutors of the ICC during a ceremony held at the Seat of the Court in The Hague, The Netherlands. Mr. Niang (Senegal) and Ms. Khan (Fiji) were elected as ICC Deputy Prosecutors on 10 December 2021, for a nine-year term, at the twentieth session of the Assembly of States Parties (ASP) to the Rome Statute.
  • More information on the Office of the Prosecutor can be found here.
 

b. ICC Chambers Practice Manual updated to enhance consistency and efficiency of proceedings further

  • On 25 March 2022, the fifth edition of the Chambers Practice Manual of judges of the International Criminal Court (ICC) was issued in English and French. The Chambers Practice Manual has been revised to significantly advance the efficiency and consistency of ICC proceedings in three different areas.
  • More information can be found here.
 

c. Agreement between the Republic of Slovenia and the ICC on the Enforcement of Sentences of the International Criminal Court

 

d. The United Kingdom contributes GBP 70,000 to the Trust Fund for Victims in support of victim-survivors of conflict-related sexual and gender-based violence

  • On 4 April 2022, the United Kingdom announced that it would make a voluntary contribution of GBP 70,000 earmarked to support survivors of conflict-related sexual and gender-based violence. The contribution is devoted to activities under the TFV’s assistance mandate in the Democratic Republic of the Congo and the Central African Republic.
  • More information on the Trust Fund for Victims can be found here.
 

e. 2021 Report of the Court on Key Performance Indicators

 

f. ICC Prosecutor announces new initiative to strengthen engagement with civil society

On 13 May 2022, the ICC Prosecutor announced a new initiative from his Office to strengthen further civil society’s role in his Office’s work. These measures will include:

  • The hosting of two thematic roundtables with NGOs each year, in addition to the existing annual ICC-NGO roundtable.
  • The development and publication of guidance materials for NGOs to support them in engaging with witnesses and survivors in a manner that preserves the integrity of potential testimony that could be relied on in criminal proceedings and reduces the risk of re-traumatization.
  • Drawing on the establishment of an enhanced field presence of the Office, the introduction of a new programme for engagement with national non-governmental and local community-based organizations in the work of the Office.
  • Further empowerment of teams from his Office addressing individual situations to engage effectively with NGOs.
 

g. ICC holds a high-level regional conference on cooperation and complementarity in Senegal

  • From 23-25 May 2022, the ICC, in close cooperation with the authorities of the Republic of Senegal, held a regional conference in Dakar, Senegal, and gathered more than 190 participants who discussed the strengthening of the international criminal justice system and the fight against impunity through cooperation between the Court and States. Discussions emphasized the importance of collective efforts to effectively implement the principle of complementarity, focusing on States from the Economic Community of West African States (ECOWAS).
 

h. ICC and UN University for Peace sign Memorandum of Understanding

  • On 16 June 2022, the ICC Registrar and the Rector of United Nations (UN) University for Peace, Mr. Francisco Rojas Aravena, signed a Memorandum of Understanding to establish close relations and strengthen cooperation.
 

i. ICC Prosecutor appoints Special Advisor on International Humanitarian Law

  • On 28 June 2022, the ICC Prosecutor announced the appointment of Judge Theodor Meron CMG as Special Advisor on International Humanitarian Law (IHL).
  • His biography can be found here.