a.
Uganda – Dominic
Ongwen Case [Convicted transferred to Norway to serve his sentence)
On 28 February 2024, the Trial Chamber IX
delivered its order on
reparations to victims in the Ongwen Case. The Chamber set the financial
liability of Mr. Ongwen to 52,429,000 EUR and ordered collective
community-based reparations focused on rehabilitation and symbolic/satisfaction
measures, consisting of collective rehabilitation programs, as well as a
symbolic award of 750 EUR for all eligible victims and other community symbolic
measures.
The Chamber estimated the number of potentially
eligible direct and indirect victims to be approximately 49,772.
On 15 December 2022, Mr. Ongwen was found
guilty
of 61 crimes comprising crimes against humanity and war crimes committed in
Northern Uganda between 1 July 2002 and 31 December 2005, and sentenced him to
25 years of imprisonment.
More information about the Case can be found here.
On 26 June 2024, the Trial Chamber X, by
majority, convicted
Mr. Al Hassan of some of the charges brought against him of war crimes and
crimes against humanity committed between 2 April 2012 and 29 January 2013 in
Timbuktu, Northern Mali, controlled at that time by the armed groups Ansar Dine
and Al-Qaida in Islamic Maghreb (AQIM).
Mr. Al Hassan’s responsibility was established
beyond reasonable doubt. He was convicted of directly committing the crimes
himself, contributing to them with others, or aiding and abetting the
commission of the crimes by others in relation to crimes against humanity of
torture and war crimes of torture and outrages upon personal dignity. He was
also convicted of contributing to the crimes perpetrated by other members of
Ansar Dine/AQIM in relation to war crimes of mutilation, cruel treatment, and
passing sentences without previous judgment pronounced by a regularly
constituted court, affording all judicial guarantees which are generally
recognized as indispensable; and of crimes against humanity of persecution and
other inhumane acts.
Mr. Al Hassan was acquitted of charges related
to war crimes of rape and sexual slavery; crimes against humanity of rape,
sexual slavery, and other inhumane acts in the form of forced marriage. Mr Al
Hassan was also acquitted of the war crime of attacking protected objects.
The trial opened on 14-15 July 2020. The verdict
may be appealed by the Prosecutor or the Defence for Mr. Al Hassan within 30
days.
2) Investigations
a. Situation in Venezuela I [Confirmation of the decision to resume
investigations]
On 1 March 2024, the Appeals Chamber, by
unanimity, rejected
the appeal made by Venezuela and confirmed the “Decision authorizing the
resumption of the investigation.”
The Appeals Chamber notably found that to pursue
the legal interests protected by crimes against humanity, a State which (like
Venezuela) “has not incorporated crimes against humanity in its domestic law,
while not required to investigate the alleged criminal acts under the legal
qualification of crimes against humanity, must nevertheless investigate the
factual allegations underpinning the contextual elements of such crimes.” The
Appeals Chamber highlighted that while the Rome Statute does not expressly
impose an obligation on States Parties to incorporate the crimes against
humanity in their domestic legislation, “such incorporation may facilitate the fulfillment
of their duty” to exercise criminal jurisdiction over “those responsible for
international crimes.”
More information on the Situation can be found here.
b. Situation
in Ukraine [Issuance of arrest warrants]
in the Russian Armed Forces, who at the relevant
time was the Commander of the Long-Range Aviation of the Aerospace Force; and
Mr. Viktor Nikolayevich Sokolov, Admiral in the Russian Navy, who at the
relevant time was the Commander of the Black Sea Fleet.
Based on evidence collected and analyzed by the
Office of the Prosecutor, the Pre-Trial Chamber confirmed that there are
reasonable grounds to believe that the two suspects bear responsibility for
missile strikes carried out by the forces under their command against the
Ukrainian electric infrastructure from at least 10 October 2022 until at least
9 March 2023.
On 24 June 2024, the Pre-Trial Chamber
issued arrest
warrants for two individuals in the context of the Situation in Ukraine for
alleged international crimes committed from at least 10 October 2022 until at
least 9 March 2023: Mr. Sergei Kuzhugetovich Shoigu, Minister of Defence of the
Russian Federation at the time of the alleged conduct; and Mr. Valery
Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the
Russian Federation and First Deputy Minister of Defence of the Russian
Federation at the time of the alleged conduct.
Both of them are allegedly responsible for the
war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the
Rome Statute) and the war crime of causing excessive incidental harm to civilians
or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and
the crime against humanity of inhumane acts under article 7(1)(k) of the Rome
Statute.
More information about the Situation can be
found here
c. Situation
in the State of Palestine [Applications for arrest warrants]
On 20 May 2024, the ICC Prosecutor announced
that he was filing
applications for arrest warrants before Pre-Trial Chamber I in the
Situation of the State of Palestine. He explained that his Office has
reasonable grounds to believe that Yahya Sinwar, Head of the Islamic Resistance
Movement (“Hamas”) in the Gaza Strip, Mohamed Diab Ibrahim Al-Masri,
Commander-in-chief of the Al-Qassam Brigades, and Ismail Haniyeh, Head of Hamas
Political Bureau, bear criminal responsibility for several war crimes and
crimes against humanity committed on the territory of Israel and the State of
Palestine (in the Gaza strip) from at least 7 October 2023.
His Office also has reasonable grounds to
believe that Benjamin Netanyahu, Prime Minister of Israel, and Yoav Gallant,
Minister of Defence of Israel, bear criminal responsibility for war crimes and
crimes against humanity committed on the territory of the State of Palestine
(in the Gaza strip) from at least 8 October 2023.
More information on the Situation can be found here.
d. Situation
in Mali [Publication of arrest warrants]
On 21 June 2024, Pre-Trial Chamber I, at
the request of the Prosecutor, made public
an arrest warrant against Mr. Iyad Ag Ghaly for war crimes and crimes
against humanity allegedly committed in northern Mali between January 2012 and
January 2013. The arrest warrant was initially issued under seal on 18 July
2017. Mr. Ghaly has not been detained by the ICC.
There are reasonable grounds to believe that Mr.
Ghaly would be the undisputed leader of Ansar Eddine, which at the time had
control of Timbuktu, Mali, jointly with Al Qaeda in the Islamic Maghreb
("AQIM").
More information on the Situation can be found here.
3) Other Developments
a. Activities of the Office of the Prosecutor
i. Launch
of public
principles to advance understanding of the crime of gender persecution
On 17 January 2024, the ICC Prosecutor
launched a new initiative
to advance accountability for the crime against humanity of persecution on the
grounds of gender. Its development will establish principles on gender
persecution to provide guidance for increasing its prevention and ensuring the protection
and participation of survivors.
The Office of the Prosecutor encourages comments
on the substance of the initiative early in the drafting process and before the
first draft is produced and circulated for further input.
ii. Launch of public
consultations on a policy initiative to advance accountability for
environmental crimes under the Rome Statute
On 16 February 2024, the Prosecutor of
the ICC announced a new
policy initiative to advance accountability for environmental crimes under
the Rome Statute. This aims to ensure that the Office of the Prosecutor takes a
systematic approach to dealing with crimes within the Court’s jurisdiction
committed by means of, or that result in, environmental damage.
The Office of the Prosecutor encourages comments
in the development of this policy initiative, calling for input on what
specific crimes within the Court’s jurisdiction should be included in the
policy paper; how to understand and apply the applicable modes of participation
in those crimes; best practices for investigating and prosecuting crimes that
can be committed by means of or that result in environmental damage; and how to
consider environmental crimes when putting into practice the principle of
complementarity and engaging in international cooperation.
iv. Visit
of the ICC Prosecutor to Venezuela and opening of the in-country office
On 24 April 2024, the ICC Prosecutor concluded
C Prosecutor to Venezuela and opening of the in-country office
On 24 April 2024, the ICC Prosecutor concluded
his visit to Venezuela and inaugurated the new in-country office in Caracas,
which will focus on complementarity activities and engagement with the national
authorities.
i. Adoption
of a cooperation
agreement with the United Nations Latin American Institute for the
Prevention of Crime and the Treatment of Offenders (ILANUD)
On 11 January 2024, the then President of
the ICC, Judge Piotr Hofmański, signed a cooperation
agreement with the ILANUD, which aims to enhance the exchange of knowledge,
experience, and expertise between the two institutions. The institutions also
intend to conduct training and assistance for their personnel on topics within
their respective mandates, including evidence, judicial proceedings, protection
of victims and witnesses, and prison management.
On 11 March 2024, the judges of the ICC elected
Judge Tomoko Akane
(Japan) as President of the Court. Judge
Rosario Salvatore Aitala (Italy) was elected First Vice-President and Judge Reine
Alapini-Gansou (Benin) Second Vice-President. The members of the Presidency
are elected for a three-year term with immediate effect.
iii. Statement
by the Presidency of the ASP in support of the independence and impartiality of
the ICC
On 17 May 2024, the Presidency of the
Assembly of States Parties to the Rome Statute published a statement
whereby it expressed concern over the recent public statements related to an
ongoing International Criminal Court investigation into the situation in the
State of Palestine. It regrets any attempts to undermine the Court’s
independence, integrity, and impartiality and underlines the fact that some
statements may constitute threats of retaliation against the Court and its officials
in the event the Court exercises its judicial functions as mandated in the Rome
Statute.
On 1 May 2024, Ireland signed
two Memoranda of Understanding establishing the terms and conditions governing
contributions to be made by Ireland to support the Special Fund for Security
and the Special Fund for Relocations.
More information about the Registry can be found
here.
d. Activities of the Trust Fund for Victims (TFV)
i. States’ voluntary contributions to the TFV
On 6 February 2024, the TFV received an
unrestricted voluntary contribution of CHF 50,000 from Switzerland.
On 25 March 2024, the TFV received a
voluntary contribution of EUR 43,000 from Japan
to support survivors of sexual and gender-based violence.
On 7 June 2024, the TFV received a
voluntary contribution of EUR 20,000 from Bulgaria
to support victims in Georgia.
More information about the Trust Fund for
Victims can be found here.
ii. Symbolic
ceremony in the Democratic Republic of the Congo to mark the end of
ICC-ordered reparations for victims in the Katanga Case
On 24 April 2023, a ceremony
was convened in Bunia, Ituri, Democratic Republic of the Congo, by the International
Criminal Court (ICC) and the Trust Fund for Victims (TFV), with the support of
the government of the Democratic Republic of the Congo, and in the presence of
Ambassadors and representatives from Belgium, Germany, the European Union,
Senegal and the Netherlands, to mark the completion of the implementation of
reparations in the case The
Prosecutor v. Germain Katanga. More than 200 of the 297 beneficiaries
were present at the ceremony.
The Katanga Reparation Programme benefitted
individuals who lost family members, who suffered physical and psychological
harm, and who lost their homes, property, and livestock as a result of the
attack of 24 February 2003 on the village of Bogoro in Ituri Province, DRC, for
which Mr. Katanga was held liable as an accessory by the ICC.
More information about the Trust Fund for
Victims can be found here.
iii. First
Urgent
Funding Appeal of EUR 5 million to launch a reparation program for victims
of Dominic Ongwen.
On 27 June 2024, the TFV made a call for
immediate voluntary contributions for the expeditious delivery of reparations
to victims of sexual and gender-based violence, former child soldiers, and
victims of attacks on four camps for internally displaced persons in the case
of The Prosecutor v. Dominic Ongwen.
More information about the Trust Fund for
Victims can be found here.
On 8 March 2024, six new judges of the
ICC were sworn in during a ceremony
held at the seat of the Court in The Hague. Judges Mr. Keebong Paek (Republic
of Korea), Mr. Erdenebalsuren Damdin (Mongolia), Ms. Iulia Motoc (Romania), Mr.
Haykel Ben Mahfoudh (Tunisia), Mr. Nicolas Guillou (France) and Ms. Beti Hohler
(Slovenia) were elected for nine-year terms during the twenty-second session of
the Assembly of States Parties (ASP) to the Rome Statute in December 2023.
On 11 March 2024, the six new judges
commenced their mandates and were subsequently called to full-time service on
the basis of the workload of the Court.
The International Criminal Court has a bench
of 18 judges who
are nationals of States Parties to the Rome Statute. Judges are chosen from
among persons of high moral character, impartiality, and integrity who possess
the qualifications required in their respective countries for appointment to
the highest judicial offices. The election of the judges takes into account the
need for the representation of the principal legal systems of the world, a fair
representation of men and women, and equitable geographical distribution.
