a.Khaled Case - Libya [Termination of proceedings]
- On 7 September 2022, following the Prosecution’s Notification of the Death of Mr. Al-Tuhamy Mohamed Khaled, the Pre-trial Chamber I of the ICC decided to terminate proceedings against this alleged former Lieutenant General of the Libyan army and former head of the Libyan Internal Security Agency.
- He was suspected of four crimes against humanity: imprisonment, torture, persecution, and other inhumane acts, allegedly committed in Libya from 15 February 2011 to 24 August 2011; and three war crimes: torture, cruel treatment, and outrages upon personal dignity, allegedly committed in Libya, from at least early March 2011 to 24 August 2011.
- More information about the Case can be found here.
b. Ntaganda Case – Democratic Republic of Congo [Appeals Chamber directs the Trial Chamber to issue a new reparations order]
- On 12 September 2022, the Appeals Chamber of the ICC decided to remand several issues for the Trial Chamber to issue a new reparations order. The Appeals Chamber indeed found several errors in the Trial Chamber’s decision, namely that the Trial Chamber did not make any appropriate determination about the number of potentially eligible or actual victims and failed to provide an appropriate calculation or set out sufficient reason for the amount of the monetary award against Mr. Ntaganda; that it issued its decision without having assessed and ruled upon victims’ applications for reparations; and that it failed to provide reasons about the concept of transgenerational harm and the evidentiary guidance to establish such harm.
- On 14 December 2022, Mr. Ntaganda was transferred to the Kingdom of Belgium to serve his sentence of imprisonment. He was found guilty of 18 counts of war crimes and crimes against humanity committed in Ituri, DRC, in 2002-2003 and sentenced to 30 years of imprisonment.
- More information about the Case can be found here.
c. Said Case – Central African Republic [Opening of the trial]
- On 26 September 2022, the trial of the Said case opened before the Trial Chamber VI of the ICC. Mr. Said is suspected of allegedly committing crimes against humanity and war crimes in Bangui (Central African Republic) in 2013.
- The accused pleaded not guilty to all the charges.
- More information on the case can be found here.
d. Gicheru Case – Kenya [Termination of proceedings]
- On 14 October 2022, the Trial Chamber III of the ICC decided to terminate proceedings against Mr. Gicheru following the confirmation of his passing.
- Mr. Gicheru was accused of offenses against the administration of justice consisting of corruptly influencing witnesses regarding cases from the situation in Kenya.
- More information on the Case can be found here.
e. Kony et al. Case – Uganda [Request to hold a hearing on the confirmation of charges in absence]
- On 24 November 2022, the ICC Prosecutor filed a request before the Pre-Trial Chamber II of the ICC seeking authorization to hold a hearing on the confirmation of charges against Joseph Kony in his absence. It is the first time that the Office of the ICC Prosecutor has made such a request.
- The arrest warrant against Mr. Kony, the founder and leader of the Lord’s Resistance Army, was issued in 2005 for 33 counts of war crimes and crimes against humanity but remains unexecuted to this day. The allegations against him include murder, cruel treatment, enslavement, rape, and attacks against the civilian population.
- More information on the Case can be found here.
f. Ongwen Case – Uganda [Confirmation of the conviction and sentence]
- On 15 December 2022, the Appeals Chamber of the ICC confirmed the decisions of Trial Chamber IX on Mr. Ongwen’s guilt and sentence.
- 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. He was sentenced to 25 years of imprisonment.
- More information on the Case can be found here.
a. Situation in the Central African Republic (CAR) II [Publication of an Arrest Warrant]
- On 28 July 2022, the ICC Pre-Trial Chamber II issued a publicly redacted version of the Arrest Warrant against Mahamat Nouradine Adam for alleged war crimes and crimes against humanity.
- These crimes were allegedly committed at the Office Central de Répression du Banditisme (Central Office for the Repression of Banditry), and the Comité Extraordinaire pour la Défense des Acquis Démocratiques (Extraordinary Committee for the Defence of Democratic Achievements) detention centers in Bangui, between at least 12 April 2013 and at least 27 November 2013.
- More information about the Situation can be found here.
b. Situation in Darfur, Sudan [Second visit of the ICC Prosecutor]
- On 29 August 2022, the ICC Prosecutor concluded his second visit to Khartoum and Darfur, during which he called on deepening and broadening the accountability process, particularly concerning individuals subject to ICC arrest warrants.
- More information about the Situation can be found here.
c. Situation in Libya [Formation of a Joint Team and Arrests of two key suspects]
- On 7 September 2022, the Office of the ICC Prosecutor became a formal member of the Joint Team aimed at supporting investigations into crimes against migrants and refugees in Libya. The Joint Team is formed by authorities from Italy, the Netherlands, the United Kingdom, and Spain and is supported by the European Union Agency for Law Enforcement Cooperation (Europol).
- On 21 October 2022, the ICC Prosecutor welcomed the arrests in Ethiopia and the extradition to Italy and the Netherlands of two key suspects of crimes against victims of human trafficking and human smuggling in Libya.
- More information about the Situation can be found here.
d. Situation in Afghanistan [Authorization of resuming investigation]
- On 31 October 2022, the Pre-Trial Chamber II of the ICC authorized the ICC Prosecution to resume the investigation into the Afghanistan situation. Judges considered that Afghanistan is not presently carrying out genuine investigations in a manner that would justify a deferral of the Court’s investigations and that Afghanistan authorities are not showing an interest in pursuing the deferral request it submitted on 26 March 2022. The Office of the ICC Prosecutor requested authorization to resume its investigation on 27 September 2021.
- More information on the Situation can be found here.
e. Situation in Georgia [Conclusion of the investigation]
- On 16 December 2022, the ICC Prosecutor announced the conclusion of the investigation phase in the Situation in Georgia. He thus confirmed that beyond the cases pending before the ICC, the Office of the Prosecutor of the ICC would not pursue new lines of inquiry into the alleged criminal responsibility of other persons or for other conduct within the Situation in Georgia.
- More information about the Situation can be found here.
f. Situation in the Central African Republic (CAR) I and II [Conclusion of the investigations]
- On 16 December 2022, the ICC Prosecutor announced the conclusion of the investigation phases in the Situation in the Central African Republic I and II. His Office will, therefore, not pursue new lines of inquiry into the alleged criminal responsibility of other persons or for other conduct.
- The Prosecutor of the ICC indicated that his Office will now concentrate its efforts on ensuring the successful prosecution of those subject to arrest warrants and significantly deepening its cooperation with the Special Criminal Court for the CAR.
- More information about the situations can be found here and here.
a. Situation in Guinea [Closure of the Preliminary Examination]
- On 29 September 2022, the Prosecutor announced that, with the opening of the domestic trial related to the events of 28 September 2009 in Guinea, he decided to close the preliminary examination, subject to possible reconsideration upon a significant change of circumstances. He concluded that national authorities are not inactive, unwilling, or unable to investigate and prosecute the alleged crimes committed.
- On the same day, the Office of the ICC Prosecutor signed a Memorandum of Understanding with the Transitional Government on complementarity.
- More information about the Situation can be found here.
b. Situation in Venezuela [Request to resume investigation]
- On 1 November 2022, the ICC Prosecutor filed an application before the ICC Pre-Trial Chamber I, seeking authorization for his Office to resume the investigation of the Situation in the Bolivarian Republic of Venezuela (“Venezuela”). The ICC Office of the ICC Prosecutor indeed assessed that Venezuelan authorities’ efforts and reforms remain insufficient in scope or have not yet had any concrete impact on potentially relevant proceedings.
- More information about the Situation can be found here.
a. ICC marks its 20th anniversary with a high-level conference
- On 1 July 2022, the ICC hosted a high-level conference in The Hague (The Netherlands) to mark the institution’s 20th anniversary. The conference “The ICC at 20: Reflections on the past, present, and future” gathered close to 300 participants in The Hague, including representatives of international organizations and tribunals, bar associations, States, academia, and civil society, as well as thousands of viewers across the globe from the YouTube live web streaming. PGA Secretary General, Dr. David Donat Cattin, had the honor to moderate the final session entitled “Looking back and looking forward” and share reflections on the effectiveness of the Court.
- Find more information about the conference here.
b. Ukraine Accountability Conference: Statement of the ICC Prosecutor, Karim A.A. Khan KC
-
On 14
July 2022, the Government of the Netherlands, the Office of the Prosecutor
of the ICC, and the European Commission hosted a Ukraine Accountability
Conference at the ministerial level in The Hague.
In his closing remarks, the ICC Prosecutor stressed the need for the international community to maintain the spirit of cooperation and to reinforce the commitment to work towards accountability. He also underlined the necessity for this Conference to serve as a platform for a global perspective. - Two civil society representatives of the Ukraine 5 AM Coalition, and the ‘Tribunal for Putin’ Initiative, also delivered a statement during the conference.
- More information about the conference can be found here.
c. ICC Registrar Election: Assembly of States Parties establishes a confidential channel regarding a due diligence process
- On 18 July 2022, the Bureau of the Assembly of States Parties established a due diligence process for candidates for the ICC Registrar elections, whereby any allegation of human rights violations, incidents of harassment, including sexual harassment, abuse of authority, discrimination, and bullying in the workplace, as well as other ethical or legal breaches of a serious nature such as fraud or corruption, may be reported confidentially to the Independent Oversight Mechanism (IOM).
- More information about the Election of the Registrar can be found here.
d. Annual report of the International Criminal Court to the United Nations on its activities in 2021/2022
- On 19 August 2022, the ICC submitted its Annual Report to the UN, which reviews its activities from 1 August 2021 to 31 July 2022. The Report is available in the six UN official languages.
- On 31 October 2022, the ICC President presented the Annual Report in an address to the UN General Assembly.
- More information can be found here.
e. Thirty-fifth report of the ICC Prosecutor to the UN Security Council on the Situation in Darfur, Sudan
- On 23 August 2022, the ICC Prosecutor presented its thirty-fifth report of its activities related to the situation in Darfur, Sudan, to the UN Security Council.
- During the briefing, ICC States Parties called on all States to fully support the ICC in carrying out its mandate.
- More information can be found here.
f. Publication of Guidelines for civil society organizations on documenting international crimes and human rights violations for accountability purposes
- On 21 September 2022, the Office of the ICC Prosecutor and Eurojust published practical guidelines for civil society organizations on documenting core international crimes.
- Drafted upon the request of civil society organizations, these guidelines aim at empowering them in their support work of collecting and preserving information that may contribute to investigations and prosecutions at the national level or before the ICC. In particular, these guidelines follow a victims-centered approach and raise awareness of re-traumatization risks.
- More information can be found here.
g. Entry into force of a revised version of the Code of Judicial Ethics
- On 7 October 2022, a revised version of the Code of Judicial Ethics of the ICC entered into force. Judges indeed agreed on specifying in the Code that the Court’s recent Administrative Instruction on Investigations of Unsatisfactory Conduct and the Administrative Instruction on Addressing Discrimination, Harassment, Including Sexual Harassment, and Abuse of Authority also apply to the judges of the Court.
- More information can be found here.
h. Conclusion of a cooperation agreement with UNAFEI
- On 22 October 2022, the President of the ICC signed a cooperation agreement with the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI).
- More information can be found here.
i. ICC President and the President of the Assembly of States Parties to the Rome Statute participate in the 12th Consultative Assembly of Parliamentarians on the International Criminal Court and the Rule of Law (CAP-ICC), co-organized by Parliamentarians for Global Action and the National Congress of Argentina
- On 4-5 November 2022, the President of the ICC and the President of the Assembly of States Parties to the Rome Statute participated in the 12th CAP-ICC, co-organized by Parliamentarians for Global Action and the National Congress of Argentina and made strong calls for universal ratification of the Rome Statute.
- ICC Prosecutor Karim A.A. Khan KC addressed the conference via video recording and underlined that the Rome Statute implementation relied on all actors’ participation and engagement.
- More information can be found here.
j. Twenty-fourth Report of the Prosecutor of the ICC to the UN Security Council on the Situation in Libya
- On 9 November 2022, the ICC Prosecutor presented its twenty-fourth report of its activities related to the Situation in Libya to the UN Security Council.
- More information can be found here.
k. The Czech Republic and the ICC sign an agreement on Witnesses’ protection
- On 2 December 2022, the Ambassador of the Czech Republic to the Netherlands and the Registrar of the ICC signed a cooperation agreement on the protection of witnesses.
- More information can be found here.
l. Publication of the 2022 Annual Report of the Office of the Prosecutor of the ICC
- On 1 December 2022, the Office of the ICC Prosecutor published its 2022 Annual Report, “Towards a More Just World: Every Day.” It outlines the priorities of the Office, summarizes the activities undertaken during the year, and sets out the next steps for the coming year.
- More information can be found here.
m. Ireland and the ICC sign a Memorandum of Understanding on voluntary contributions to three trust funds of the Registry
- On 5 December 2022, the Acting Legal Adviser of the Department of Foreign Affairs of Ireland and the Registrar of the ICC signed a Memorandum of Understanding establishing the terms and conditions governing contributions made by Ireland to support the Special Fund for Relocations, the Trust Fund for the Development of Interns and Visiting Professionals, and the Trust Fund for Family visits.
- More information can be found here.
n. ICC Prosecutor publishes policy on the crime of gender persecution
- On 7 December 2022, the ICC Prosecutor launched the new Policy on the Crime of Gender Persecution. It takes a comprehensive approach to sexual and gender-based crimes that may amount to the crime against humanity of persecution on the grounds of gender. It also recognizes that acts or crimes of gender persecution may include forms of sexual violence, or any physical violence, or physical contact, and they may consist of psychological abuse. They may also take forms other than physical injury to persons, including acts such as cultural destruction or confiscation and prohibition of education for girls.
- More information can be found here.
o. Launch of the ICC’s first Strategy on Gender Equality and Workplace Culture
- On 8 December 2022, at the margins of the 21st session of the Assembly of States Parties, the ICC launched its first comprehensive Court-wide Gender Equality and Workplace Culture Strategy.
- More information can be found here.
p. Spain and the ICC conclude an Agreement on the Enforcement of Sentences
- On 8 December 2022, the Ambassador Extraordinary and Plenipotentiary of Spain to the Netherlands signed an Agreement on the Enforcement of sentences during the plenary session on cooperation at the twenty-first session of the Assembly of States Parties.
- More information can be found here.
q. 21st session of the Assembly of States Parties to the Rome Statute
- From 5-9 December 2022, the Assembly of States Parties to the Rome Statute held its 21st session in The Hague.
- Among other important decisions, the Assembly elected seven members of the Committee on Budget and Finance. It adopted five resolutions by consensus on the programme budget for 2023, cooperation, the Review of the International Criminal Court and the Rome Statute system, the strengthening of the International Criminal Court and the Assembly of States Parties, and amendments to rule 140 of the Rules of Procedure and Evidence. The Assembly also adopted a recommendation on the Election of the Registrar, which is submitted for consideration by the judges who will elect the Registrar in the first trimester of 2023. Finally, the Assembly adopted the 2023 programme budget of the Court, totaling €169,649,200 and a staffing level of 970.
- More information can be found here.
