Loading...








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 2023 – June 2023)

1) CASES

a. Central African Republic II – Mokom Case [Postponement of the confirmation of charges hearing]

International Criminal Court
  • On 3 February 2023, the confirmation hearing in the case of The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka, initially scheduled to start on 31 January 2023, was postponed on 22 August due to issues with the appointment of Mr. Mokom’s Counsel.
  • The confirmation of charges hearing aims at determining 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 case will be transferred to a Trial Chamber for the trial phase.
  • Mr. Mokom is suspected of war crimes and crimes against humanity allegedly committed in the Central African Republic between at least 5 December 2013 and at least December 2014.
  • More information about the Case can be found here.
 

b. Mali – Al Hassan Case [Closing Statements]

International Criminal Court
  • On 25 May 2023, the trial in the case The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud entered its final stages following closing statements that took place before Trial Chamber X of the ICC, where the Prosecution, the Legal Representatives of Victims and the Defence presented their final arguments.
  • Mr. Al Hassan is accused of crimes against humanity and war crimes allegedly committed in Timbuktu (Mali). The trial opened on 14-15 July 2020.
  • More information about the Case can be found here.
 

c. Darfur, Sudan – Abd-Al-Rahman Case [Opening Statement and presentation of evidence by the Legal Representatives of Victims]

International Criminal Court
  • On 5 June 2023, the common Legal Representatives of Victims in the case of The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) made their opening statement before Trial Chamber I of the ICC, representing 600 victims.
  • Legal representation of the victims allows them to present their views and concerns to the ICC judges when their interests are affected. Victims may also present evidence.
  • 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. The trial, in this case, opened before Trial Chamber I on 5 April 2022.
  • More information on the Case can be found here.
 
2) Investigations

a. Situation in the Republic of Philippines [Authorization to resume investigations]

International Criminal Court
  • On 26 January 2023, the Pre-Trial Chamber I of the ICC granted the Prosecutor’s request, dated 24 June 2022, to resume the investigation into the Situation of the Republic of the Philippines. Following a careful analysis of the materials provided by the Philippines, the Chamber indicated that it was not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle. This decision followed a request from the Philippines to defer the investigation, pursuant to Article 18(2) of the Rome Statute.
  • The Philippines was a State party to the Rome Statute since 1 November 2011 but deposited a written notification of withdrawal from the Statute on 17 March 2018, which took effect on 17 March 2019. The Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party.
  • More information on the Situation can be found here.
 

b. Situation in Ukraine [Issuance of arrest warrants]

International Criminal Court
  • On 17 March 2023, the Pre-Trial Chamber II of the ICC issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr. Vladimir Vladimirovich Putin, President of the Russian Federation, and Ms. Maria Alekseyevna Lvova-Belova, Commissioner for Children’s Rights in the Office of the  President of the Russian Federation.
  • On the basis of evidence collected and analyzed by the Office of the Prosecutor, the Pre-Trial Chamber confirmed that there are reasonable grounds to believe that President Putin and Ms. Lvova-Belova bear criminal responsibility for the unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to the Russian Federation, contrary to article 8(2)(a)(vii) and Article 8(2)(b)(viii) of the Rome Statute. The crimes were allegedly committed in Ukrainian-occupied territory at least from 24 February 2022.
  • More information about the Situation can be found here.

 

c. Situation in Venezuela I [Authorization to resume the investigation]

International Criminal Court
  • On 27 June 2023, the Pre-Trial Chamber I of the ICC authorized the Office of the Prosecutor to resume its investigation into the situation in the Bolivarian Republic of Venezuela I, following its request dated 1 November 2022.
  • The Chamber concluded that, whilst Venezuela is taking some investigative steps, its domestic criminal proceedings do not sufficiently mirror the scope of the Prosecution’s intended investigation. It indeed appeared that Venezuela has taken limited investigative steps, that it is not investigating the factual allegations underlying the contextual elements of crimes against humanity, and that the focus of the domestic investigations appears to generally be on direct and/or lower-level perpetrators. The Chamber also noted that the domestic investigations appear to not sufficiently address the forms of criminality the Prosecution intends to investigate – referring in particular to the discriminatory intent underlying the alleged crime of persecution and the apparent insufficient investigation of crimes of a sexual nature.
  • More information on the Situation can be found here.
3)Preliminary Examinations

d. Preliminary Examination in the Democratic Republic of the Congo II [New referral]

International Criminal Court
  • On 15 June 2023, the Government of the Democratic Republic of the Congo (DRC) submitted a new referral to the Office of the Prosecutor of the ICC, requesting that the Court initiate an investigation into alleged crimes under the Statute committed in North Kivu province, from 1 January 2022 to date.
  • This is the second referral by the Government of the DRC concerning alleged Rome Statute crimes committed on its territory. The first referral, received in March 2004, requested the Prosecutor to investigate alleged crimes within the jurisdiction of the Court committed in the territory of the DRC from 1 July 2002 onwards. The first referral resulted in the opening of an investigation in June 2004 and the prosecution of a number of cases against individuals responsible for Rome Statute crimes committed during the armed conflict in the DRC.
  • The Prosecutor will now conduct a preliminary examination promptly in order to assess, as a preliminary matter, whether the scope of the two situations referred by the DRC Government are sufficiently linked to constitute a single Situation.
  • More information about the Preliminary Examination can be found here.
4) Other Developments

a. Activities of the Office of the Prosecutor

i.   Thirty-sixth report on the activities of the Office of the Prosecutor of the ICC to the UN Security Council in relation to the situation in Darfur, Sudan [Report]
ii.   Public consultation launched by the Office of the Prosecutor to renew its policy paper on crimes against or affecting children
  • On 9 March 2023, the Prosecutor of the ICC made a call for public submissions to amend its 2016 Policy on Children. In launching this policy renewal process, the Office of the Prosecutor will seek to develop new and innovative approaches to its work so as to make children more visible and further improve effectiveness in the investigation and prosecution of crimes against or affecting children.
  • Véronique Aubert, Special Advisor to the Prosecutor on Crimes Against and Affecting Children, will be assisting the Prosecutor and the Office in renewing this policy.
  • More information can be found here.
iii.   Twenty-Fifth report of the Prosecutor of the ICC to the UN on the Situation in Libya
  • On 12 May 2023, the Prosecutor of the ICC presented its twenty-fifth report on the Situation in Libya to the UN Security Council. The latter reflects an acceleration of investigative and cooperation activities under the new Strategy through deepened engagement with witnesses, victims, civil society organizations, international organizations, and States Parties. In particular, the Office has filed multiple arrest warrant (under seal) applications related to key lines of inquiry ahead of the schedule set out in its Situation Roadmap.
  • The report has been published in English, French and Arabic.
  • More information can be found here.
iv.   Launch of public consultations to renew Policy Paper on Sexual and Gender-based Crimes
  • On 12 May 2023, the Prosecutor of the ICC announced a call for public submissions to revise the 2014 OTP Policy Paper on Sexual and Gender-based Crimes, update the Office’s approach, and build upon dedicated investigative experience and relevant jurisprudence.
  • Through this Policy renewal process, the Office of the Prosecutor (OTP) seeks to reflect recent advances in its pursuit of accountability for sexual and gender-based crimes as well as incorporate new and innovative approaches to investigating and prosecuting these acts.
  • On 24 May 2023, a thematic roundtable meeting on the crime of gender persecution was also organized and addressed the Office of the Prosecutor’s renewed commitment to systematically address sexual and gender-based crimes and take a more focused approach to investigating and prosecuting gender persecution.
  • More information can be found here and here.
v.   Launch of advanced evidence submission platform: OTPLink
  • On 24 May 2023, the Prosecutor of the ICC announced the launch of OTPLink, a new application for online and email-based evidence submissions by all external stakeholders and witnesses to my Office. This tool seeks to provide a clear, single-access point, replacing various systems and processes that were previously in use for the receipt of information, including submissions pursuant to Article 15 of the Rome Statute.
  • More information can be found here and here.
vi.   Signature of a new Memorandum of Understanding with the DRC
  • On 6 June 2023, the Prosecutor of the ICC and the Minister of Justice of the DRC signed a new Memorandum of Understanding, which reflects a desire to strengthen cooperation within a new framework of dynamic complementarity, focused on delivering concrete deliverables.
  • More information can be found here.
vii.   Signature of an Action Plan for renewed cooperation with Colombian authorities
  • On 9 June 2023, the Prosecutor of the ICC and the Government of Colombia signed a new Action Plan, which sets clear and common objectives for a deeper collaboration.
  • More information can be found here.
viii.   Signing of a Memorandum of Understanding on the establishment of an in-country office in Venezuela
  • On 10 June 2023, the Prosecutor of the ICC and the President of the Republic of Venezuela signed a Memorandum of Understanding, establishing an in-country office of the Office of the Prosecutor (OTP) of the ICC in Venezuela. This document was concluded within the framework of the first Memorandum of Understanding signed with President Maduro on 3 November 2021 and followed their agreement upon the ICC Prosecutor’s second visit to Venezuela in March 2022 to proceed with the establishment of an OTP office.
  • More information can be found here.
 

b. Activities of the Registry

i.   Osvaldo Zavala Giler elected as ICC Registrar
  • On 10 February 2023, the ICC judges elected Mr. Osvaldo Zavala Giler as Registrar for a period of five years by an absolute majority by secret ballot. Mr. Osvaldo Zavala Giler succeeds Mr. Peter Lewis, whose five-year mandate ended on 16 April 2023.
  • On 5 April 2023, Osvaldo Zavala Giler was sworn in as Registrar of the ICC during a public ceremony held at the seat of the Court in The Hague, The Netherlands.
  • More information about the Registry can be found here.
ii.   Agreement to establish a country office in Ukraine [Cooperation]
  • On 23 March 2023, the Prosecutor General of Ukraine and the Registry of the ICC signed a cooperation agreement on the establishment of an ICC country office in Ukraine.
  • The ICC has a Liaison Office to the United Nations in New York and seven field presence/country offices: Kinshasa and Bunia (Democratic Republic of the Congo, “DRC”); Kampala (Uganda); Bangui (Central African Republic, “CAR”); Abidjan (Côte d’Ivoire); Tbilisi (Georgia); and Bamako (Mali). ICC field presence/country offices are essential to develop and maintain cooperative relationships with key stakeholders in situation countries and to support the Court's mandate and resulting activities in these countries.
  • More information can be found here.
 

c. Activities of the Trust Fund for Victims (TFV)

i.    States’ voluntary contributions to the TFV
ii.   Launch of a transformative reparation program in Georgia
  • On 6 April 2023, the TFV announced the official launch of its transformative reparation program in Georgia. The reparations program will focus on providing the most vulnerable victims with medical treatment, counseling, and psychosocial support, as well as livelihood and socio-economic initiatives to address conflict-related harm. The TFV program for victims of the Situation in Georgia, which is under the jurisdiction of the ICC, is regarding victims of war crimes and crimes against humanity of the conflict in and around South Ossetia between 1 July and 10 October 2008.
  • More information about the Trust Fund for Victims can be found here.
iii.   Ms. Deborah Ruiz Verduzco was selected as TFV Executive Director [Trust Fund for Victims]
  • On 25 April 2023, the TFV announced that following a competitive recruitment process led by the TFV Board of Directors, Ms. Deborah Ruiz Verduzco was selected as the new Executive Director of the Trust Fund for Victims. She will assume her duties on 1 May 2023.
  • More information about the Trust Fund for Victims can be found here.
 

d. Other activities

iv.   Establishment of a due diligence process for the coming election of six ICC judges
  • On 28 February 2023, the Bureau of the Assembly of States Parties established a due diligence process for the election of six judges in 2023 whereby “the Independent Oversight Mechanism shall establish a confidential channel for the receipt of allegations of misconduct against any of the nominated candidates.” This process aims to ensure that the six judges that will be elected during the twenty-second Assembly of States Parties of December 2023 are “persons of high moral character, impartiality, and integrity who possess the qualifications required in their respective States for appointment to the highest judicial office,” as provided by Article 36, paragraph 3, of the Rome Statute.
  • More information can be found here.
v.   ICC and Europol conclude Working Arrangement
  • On 25 April 2023, the President of the ICC and the Executive Director of the European Union Agency for Law Enforcement Cooperation (Europol) signed a Working Arrangement at Europol Headquarters in The Hague, The Netherlands. The Arrangement provides a legal framework to establish cooperative relations between the ICC and Europol for the two institutions to enhance their cooperation and encourage the exchange of information, knowledge, experience, and expertise. 
  • More information can be found here.
vi.   Publication of the ICC Strategic Plans – 2023-2025
  • On 13 June 2023, the ICC, the Registry, the Office of the Prosecutor, and the Trust Fund for Victims strategic plans were launched. This effort underscores the commitment of the three organs of the Court to the One-Court principle. It also strengthens the Court’s relationship with the Trust Fund for Victims by promoting greater synergies while upholding the organs' independence in judicial proceedings.
  • More information can be found here.