a. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud Case (Al Hassan) – Mali [Appeals Chamber confirms the decision on possible re-characterization of alleged facts]

• On 1 July 2021, the Appeals Chamber of the International Criminal Court (ICC) delivered its judgment unanimously confirming the decision of Trial Chamber X of 17 December 2020 entitled “Decision on application for notice of possibility of variation of legal characterization pursuant to Regulation 55(2) of the Regulations of the Court.”
• More information about the case can be found here.

b. Abd-Al-Rahman Case (“Ali Kushayb”) – Darfur, Sudan [Charges confirmed, and suspect committed to trial]

• On 9 July 2021, the Pre-Trial Chamber II of the ICC unanimously issued a decision confirming all the charges brought by the Prosecutor against Mr. Ali Kushayb and committed him to trial before a Trial Chamber.
• The Pre-Trial Chamber found substantial grounds to believe that Mr. Ali Kushayb is responsible for 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and at least April 2004.
• On 1 November 2021, the Appeals Chamber decided unanimously to reject the appeal of Mr. Ali Kushayb against the Pre-Trial Chamber II decision of 17 May 2021 on the Defence’s jurisdictional challenge (exception d'incompétence). The Appeals Chamber highlighted, among other matters, that it found no error in the reasons given by the Pre-Trial Chamber defining a “situation” before the Court as defined in terms of temporal, territorial, and in some cases, personal parameters. It also found that the non-funding by the United Nations of the activities of the Court arising from a referral by the Security Council does not invalidate the UNSC resolution 1593, which referred the situation to the ICC.
• Finally, and referring to the principle of legality, nullum crimen sine lege, the Appeals Chamber found that the referral of the Situation in Darfur, Sudan took place in the wake of severe violations of human rights and humanitarian law, criminalized under international law at the time.
• The trial opened on 5 April 2022.

c. Paul Gicheru Case – Kenya [Charges confirmed, and suspect committed to trial]

• On 15 July 2021, the Pre-Trial Chamber A of the ICC confirmed the charges of offenses against the administration of justice against Paul Gicheru and committed him to trial.
• The Chamber found that there are substantial grounds to believe that Mr. Gicheru committed, as a co-perpetrator or under alternative modes of liability, offenses against the administration of justice (Article 70(1)(c) of the Rome Statute) between April 2013 and the closure of the Ruto and Sang case on 10 September 2015, in Kenya.
• The decision on the confirmation of the charges only determines whether the Prosecutor’s case should proceed to trial. It does not establish the guilt of the accused person, who is presumed innocent until proven guilty beyond reasonable doubt by a trial chamber of the Court.
• The trial opened on 15 February 2022.

d. Said Case – Central African Republic [Appeals Chamber confirms the Pre-Trial Chamber’s decision to admit victims to participate in the proceedings]

• On 14 September 2021, the Appeals Chamber rejected the appeal of Mr. Mahamat Said Abdel Kani and confirmed the decision of Pre-Trial Chamber II of 16 April 2021 entitled “Decision establishing the principles applicable to victims’ applications for participation.”
• The Appeals Chamber found that the approach adopted by the Pre-Trial Chamber for transmitting victims’ applications for participation to the parties and admitting victims to participate in the proceedings is, in principle, an adequate tool to ensure the fairness and expeditiousness of the proceedings while at the same time respecting the rights of both the suspect/accused and the victims.
• The confirmation of charges hearing took place on 12 - 14 October 2021. The confirmation of charges hearing is not a trial. The purpose of the confirmation of charges hearing is for the judges to determine 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, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
• On 9 November 2021, the Pre-Trial Chamber II of the ICC partially confirmed the charges brought by the Prosecution against Mr. Said and committed him to a Trial Chamber for trial on the charges as confirmed.
• The Chamber found that there is sufficient evidence to establish substantial grounds to believe that Mr. Said was a senior member of the Seleka coalition and is criminally responsible under articles 25(3)(a) (direct co-perpetration) and 25(3)(b) (ordering or inducing) of the Rome Statute, for crimes against humanity (imprisonment or other severe deprivation of physical liberty, torture, other inhumane acts, and persecution) and war crimes (torture, cruel treatment, and outrages upon personal dignity).

e. Al Mahdi Case – Mali [Sentence Review]

• On 25 November 2021, a panel of three judges of the Appeals Chamber of the ICC, appointed to review Mr. Ahmad Al Faqi Al Mahdi’s sentence, decided to reduce his nine-year sentence of imprisonment by two years. Therefore, the date for the completion of his sentence is set for 18 September 2022.
• In reaching their decision, judges considered several factors in relation to this review, including the possible social instability in Northern Mali that early release may cause, Mr. Al Mahdi's prospect for resocialization and resettlement, and his cooperation since he was surrendered to the Court in September 2015.
• More information about the case can be found here.

f. Situation in Afghanistan

• On 26 March 2020, the Government of Afghanistan requested, pursuant to Article 18(2) of the Rome Statute, that the Prosecutor defers the investigation into the Afghanistan Situation to the Afghan national authorities. The Office of the Prosecutor thereafter deferred its investigations as required by the Statute while considering Afghanistan’s request. 
• However, recent developments in Afghanistan and the change in the national authorities represent a significant change of circumstances that impact the ongoing assessment of the deferral request. After reviewing matters, the Prosecutor concluded that there is no longer the prospect of genuine and effective domestic investigations into Article 5 crimes within Afghanistan.
• On this finding, on 27 September, the Prosecutor filed an application for an expedited order before Pre-Trial Chamber II seeking authorization for the Office of the Prosecutor to resume its investigation in the Situation in Afghanistan.

a. Situation in the Philippines

• On 14 June 2021, ICC Prosecutor requested judicial authorization to proceed with a formal investigation in the country. On 15 September 2021, Pre-Trial Chamber I granted the Prosecutor’s request to commence an investigation in relation to 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.
• The Chamber found that there is a reasonable basis to proceed with an investigation, noting that the specific legal element of the crime against humanity of murder under Article 7(1)(a) of the Statute has been met concerning the killings committed throughout the Philippines.
• Although the Philippines formally withdrew from the Rome Statute on 17 March 2019, the ICC retains jurisdiction over crimes that have allegedly occurred on the territory of that State during the period when it was a State Party to the RS.
• On 23 November 2021, the Prosecutor notified the Pre-Trial Chamber I of a request from the Republic of the Philippines to defer his investigation and proceedings under article 18(2) of the Rome Statute. The Prosecutor noted that the State requesting the deferral must provide information consisting of tangible evidence, probative value, and a sufficient degree of specificity demonstrating that concrete and progressive investigative steps have been or are currently being undertaken.

b. Situation in Colombia

• After 17 years on the Court’s watch, on 28 October 2021, the Prosecutor of the ICC announced the conclusion of the preliminary examination in Colombia.
• Following a thorough assessment, the Prosecutor stressed that he was satisfied that complementarity was working in Colombia. The progress made by ordinary courts, Justice and Peace Law Tribunals, and the Special Jurisdiction for Peace, led the Office to determine that the national authorities of Colombia were neither inactive, unwilling, nor unable to investigate and prosecute Rome Statute crimes genuinely.
• However, the absence of a preliminary examination does not mean an end to the Office’s engagement with Colombia or its support for the accountability processes underway. Additionally, the closure of the preliminary examination does not detract from the reality that significant work is still required and that the institutions established must continue to be given the space to perform their constitutional responsibilities.
• In addition to announcing the conclusion of the Preliminary Examination, the Prosecutor signed a Cooperation Agreement – the first of its kind - with the Government of Colombia. The agreement reinforces and further defines the mutual roles the Office and the Government will undertake to ensure that the significant progress achieved by domestic prosecutorial and judicial entities, and in particular by the Special Jurisdiction for Peace, is sustained and strengthened.

c. Situation in Venezuela

• On 5 November 2021, Mr. Karim Khan announced that the conditions to open an investigation into the situation in Venezuela I were met.
• In addition to announcing the commencement of an investigation in the country, the Prosecutor and the President of Venezuela, Mr. Nicolas Maduro, signed a Memorandum of Understanding (MoU) that sets the stage for sustained dialogue and cooperation as the Office of the Prosecutor moves to the next phase in this situation.

a. Memorandum of Understanding Signed between the ICC and the Transitional Government of Sudan

• After concluding a visit to Sudan on 13 August 2021, the recently elected Prosecutor, Mr. Karim Khan, signed a new Memorandum of Understanding (MoU) with the Transitional Government of Sudan to increase cooperation with the Court, including all individuals against whom warrants of arrest have been issued.
• More information about the visit of the Prosecutor and the MoU can be found here.

b. The ICC Prosecutor, Mr. Karim Khan, appoints seventeen Special Advisers

• On 17 September, the Prosecutor of the ICC appointed 17 eminent experts to serve as his Special Advisers pursuant to article 42.9 of the Rome Statute.
• The appointments have been drawn from different world regions with cultural, linguistic, and gender diversity. They will bring on-board rich expertise and experiences from other legal systems to strengthen specialization on various issues touching upon public international law, sexual violence in conflict, crimes against and affecting children, and slavery crimes, amongst other priority areas.
• Prosecutor Khan created various new posts of Special Advisers for the first time, including portfolios on the Crime of Aggression; the Darfur, Sudan Situation; Gender Persecution; Genocide; International Criminal Law Discourse; Islamic Law; Knowledge Transfer; Slavery Crimes and Public International Law.
• These Special Advisers are: 
• Dieng, Adama – Special Adviser Without Portfolio;
• Othman, Mohamed Chande – Special Adviser Without Portfolio;
• Van den Wyngaert, Christine – Special Adviser Without Portfolio;
• Akhavan, Payam – Special Adviser on Genocide;
• Aubert, Véronique – Special Adviser on Crimes Against and Affecting Children;
• Bergsmo, Morten – Special Adviser on Knowledge Transfer;
• Clooney, Amal – Special Adviser on Darfur;
• Davis, Lisa – Special Adviser on Gender Persecution;
• Heller, Kevin Jon – Special Adviser on International Criminal Law Discourse;
• Kress, Claus – Special Adviser on Crime of Aggression;
• Lowe QC, Vaughan – Special Adviser on Public International Law;
• McCormack, Tim – Special Adviser on War Crimes;
• Rabb, Intisar A. – Special Adviser on Islamic Law;
• Sadat, Leila Nadya – Special Adviser on Crimes Against Humanity;
• Seelinger, Kim Thuy – Special Adviser on Sexual Violence in Conflict;
• Sellers, Patricia V. – Special Adviser on Slavery Crimes; and
• Soufan, Ali – Special Adviser on Investigations.

• On 22 October 2021, further to the seventeen Special Advisors, the Prosecutor appointed three additional experts:
• Ms. Purna Sen, Special Adviser on Working Climate;
• Mr. Claudio Grossman, Special Adviser Without Portfolio; and
• Mr. Vladimir Tochilovsky, Special Adviser Without Portfolio.

• On 8 December 2021, the Prosecutor announced the appointment of Mr. Yoshimitsu Yamauchi of Japan as his Special Advisor on Legal Mutual Assistance.
• More information about the Special Advisors and their biographies can be found here, here, and here.

c. The ICC and France concluded an Agreement on the Enforcement of Sentences

• On 11 October 2021, the ICC and the Government of the French Republic concluded an Agreement on the Enforcement of Sentences. Under this agreement, persons convicted by the ICC may serve sentences of imprisonment in France if so decided by the Court and accepted by the French Government.
• More information about this development can be found here.

d. 20th Session of the Assembly of States Parties of the International Criminal Court

• From 6 to 10 December 2021, States Parties to the Rome Statute, observer States, invited States, international and regional organizations, and representatives from civil society met in The Hague World Forum Convention Centre to discuss critical challenges facing the Statute and the Court.
• States Parties made essential decisions and adopted resolutions on key issues about the functioning of the Court and the Trust Fund for Victims, including in relation to their respective budgets and cooperation.
• States also elected new members of the Board of Directors of the Trust Fund for Victims and members of the Advisory Committee on nominations of judges.
• Parliamentarians for Global Action organized two side events during the Assembly of States Parties on “The Role of Parliamentarians in Promoting the Universality of the Rome Statute” and “Reforming national nomination procedures for ICC judicial candidates.”
• Additionally, on behalf of the organization, PGA’s Secretary-General, Dr. David Donat Cattin, made a compelling intervention during the plenary meetings, where he stressed and renewed PGA’s absolute commitment to the object and purpose of the Rome Statute.