1) INVESTIGATIONS/CASES
a. Jean-Pierre Bemba Gombo Case – Central African Republic [Claim for compensation and damages]
- After the Appeals Chamber of the ICC decided, by majority, to acquit Mr. Bemba from the charges of war crimes and crimes against humanity on 8 June 2018, the Pre-Trial Chamber III issued a decision, on 18 May 2020, concerning Mr. Bemba’s claim for compensation and damages.
- The Chamber found that Mr. Bemba failed to establish that he had suffered a grave and manifest miscarriage of justice under article 85(3) of the Rome Statute (RS). Accordingly, the Chamber declined to exercise its discretion to award compensation to Mr. Bemba.
- Furthermore, on the damage claim, the Chamber found that this matter fell outside the scope of article 85 of the RS and of its competence. Therefore, the Chamber dismissed the claim.
Photo: International Criminal Court
b. Ali Muhammad Ali Abd–Al-Rahman ("Ali Kushayb") Case - Darfur, Sudan [Voluntarily Surrendered]
- On 9 June 2020, Mr. Kushayb surrendered himself voluntarily in the Central African Republic on account of the ICC warrant of arrest issued on 27 April 2007.
- The initial appearance of Mr. Kushayb before the ICC took place on 15 June 2020. He is suspected of 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and at least April 2004 in Darfur, Sudan.
- On 14 August 2020, the Pre-Trial Chamber II (PTC II) rejected Mr. Kushayb’s request for interim release to the territory of the Court’s host State, The Netherlands. The PTC II concluded the detention appeared necessary to ensure that the investigation or court proceedings were not obstructed or endangered.
- Following this decision, the Appeals Chamber confirmed the PTC II decision to reject the interim release of Mr. Kushayb on 8 October 2020.
Photo: International Criminal Court
- From 22 to 24 June 2020, the Appeals Chamber held the hearing in the case of The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé to hear the observations of Parties and Participants on the Prosecutor’s appeal against the decision which had acquitted, by majority, Mr. Gbagbo and Mr. Blé Goudé of all charges of crimes against humanity allegedly committed in Côte d’Ivoire in 2010 and 2011.
Photo: International Criminal Court
d. Al Hassan Case – Mali [Commencement of Trial]
- On 14-15 July 2020, the trial in the case of The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud opened before Trial Chamber X of the ICC, for crimes against humanity and war crimes allegedly committed in Timbuktu (Mali).
Photo: International Criminal Court
- On 2 November 2020, Mr. Gicheru surrendered to the authorities of The Netherlands pursuant to an arrest warrant issued by Pre-Trial Chamber II of the ICC. Mr. Gicheru, is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the Court.
- On 6 December 2020, Mr. Gicheru made his first appearance before the PTC of the ICC.
Photos: International Criminal Court
2) PRELIMINARY EXAMINATIONS
a. Situation in Bolivia
- On 4 September 2020, the Government of the State of Bolivia referred to the ICC the situation in its own territory in accordance with its prerogatives as a State Party to the Rome Statute.
- Bolivia 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.
- For more information about the situation, please click here.
b. Situation in Iraq/United Kingdom
After careful assessment and pursuant to the RS provisions, the Office of the Prosecutor decided, on 9 December 2020, to close the Preliminary Examination into the situation in Iraq/United Kingdom and not to open an investigation into the situation.- Read the Prosecutor’s statement on the conclusion of the Preliminary Examination in Iraq/United Kingdom, here.
Photo: Prosecutor, Fatou Bensouda, © International Criminal Court
c. Situation in Ukraine
On 11 December 2020, and following a thorough and independent process, the Prosecutor of the ICC announced the conclusion of the Preliminary Examination in Ukraine. The Office of the Prosecutor determined that the statutory criteria for opening investigations into the situation in Ukraine was met.- The Office concluded that there was a reasonable basis to believe that a broad range of conducts constituting war crimes and crimes against humanity within the jurisdiction of the Court were committed. The next step will be to request authorization from the Judges of the Pre-Trial Chamber to open an investigation.
- Find out more about the situation in Ukraine.
d. Situation in Nigeria
- The Prosecutor of the ICC announced, on 11 December 2020, that the statutory criteria for opening an investigation into the situation in Nigeria was met. In particularly, the Office of the Prosecutor found that there was a reasonable basis to believe that members of Boko Haram, its splinter groups, and members of the Nigerian Security Forces (NSF) committed acts constituting crimes against humanity and war crimes.
- The next step will be to request authorization from the Judges of the Pre-Trial Chamber to open an investigation.
- Find out more about the situation in Nigeria.
3) Policy Papers, Reports, and Guidelines
a. Guidelines for the Judiciary Concerning the Holding of Court Hearings during the COVID-19 Pandemic
b. Independent Expert Review Final Report
- The Group of Independent Experts issued on 20 September 2020, the Final Report on the Review of the International Criminal Court and the Rome Statute System which aims to make recommendations to the Assembly of States Parties and the Court on specific technical issues under the clusters of Governance, Judiciary, and Investigations and Prosecutions.
- The full version of report can be downloaded in English and the summary of the recommendations advised to be prioritized in French.
c. Guidelines for Agreements Regarding Admission of Guilt
- The Office of the Prosecutor (OTP), presented on 12 November 2020, the “Guidelines for Agreements Regarding Admission of Guilt” which sets forth whether and when it may be appropriate for the Office to enter into such agreements, and if so, under what circumstances and subject to which terms.
d. Report on Preliminary Examination Activities (2020)
- On 14 December 2020, the Office of the Prosecutor presented the report on Preliminary Examination Activities which details all the activities carried out by the Office during the period 6 December 2019 – 14 December 2020, in relation to ten situations under preliminary examination.
- Read the full report (available in English and French).
After careful assessment and pursuant to the RS provisions, the Office of the Prosecutor decided, on 9 December 2020, to close the Preliminary Examination into the situation in Iraq/United Kingdom and not to open an investigation into the situation.
On 11 December 2020, and following a thorough and independent process, the Prosecutor of the ICC announced the conclusion of the Preliminary Examination in Ukraine. The Office of the Prosecutor determined that the statutory criteria for opening investigations into the situation in Ukraine was met.
