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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 2024 – June 2024)

1) CASES

a.     Uganda – Dominic Ongwen Case [Convicted transferred to Norway to serve his sentence)

Dominic
            Ongwen
  • 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.
 

b. Mali – Al Hassan Case [Conviction]

International Criminal Court
  • 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]


Venezuela
  • 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]

Ukraine
  • 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]

Palestine
  • 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]

Mali
  • 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

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.
  • More information can be found here.
 

ii. Launch of public consultations on a policy initiative to advance accountability for environmental crimes under the Rome Statute

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.
  • More information can be found here.
 

iii. Launch of public consultation on Policy on Slavery Crimes

Slavery Crimes
 

iv. Visit of the ICC Prosecutor to Venezuela and opening of the in-country office

Venezuela
  • 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.
  • More information can be found here.
 
b. Activities of the Presidency
 

i. Adoption of a cooperation agreement with the United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD)

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.
  • More information can be found here.
 

ii. Election of new ICC Presidency for 2024-2027

ICC Presidency
 

iii. Statement by the Presidency of the ASP in support of the independence and impartiality of the ICC

ICC Presidency
  • 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.
  • More information can be found here.
 
c. Activities of the Registry
 

i. Voluntary contributions to the Registry

ICC Presidency
  • 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

Trust Fund for
  • 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.
  • To date, the TFV is implementing programs in relation to the situation in the Central African Republic, Côte d’Ivoire, Democratic Republic of the Congo, Georgia, Kenya, Mali, and Uganda.
  • 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

Trust Fund for
  • 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.

Trust Fund for
  • 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.
 
e. Other Relevant Developments
 

i. Swearing in of six new judges

International Criminal Court
  • 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.
  • More information can be found here.