a.
Democratic
Republic of Congo – Ntaganda Case [Trial
Chamber II delivers order on reparations]
On 14 July 2023, Trial Chamber II of the
International Criminal Court delivered an Addendum to the Reparations Order of 8
March 2021 in the Ntaganda case.
On 8 July 2019,
ICC Trial Chamber VI found Bosco Ntaganda guilty of 18 counts
of war crimes and crimes against humanity committed in Ituri, DRC, in
2002-2003.
On 7 November 2019,
he was sentenced to 30
years of imprisonment. The Trial Chamber issued an order on reparations on 8
March 2021. The verdict and the sentence were confirmed by the Appeals Chamber on 30 March 2021. The
Appeals Chamber partially reversed the reparations order and remanded it for the Trial Chamber to address five specific
issues.
The Chamber
conclusions included the estimation of the approximate number of direct and
indirect victims of crimes against child soldiers, to approximately 3,000
individuals in total, and the estimation of the approximate
number of direct and indirect victims of the attacks, to approximately 7,500
individuals in total.The Chamber assessed Mr Ntaganda’s
liability for reparations at USD 31,300,000.
More information about the Case can be found here.
b.
Central
African Republic II - Mokom Case
[Conclusion of confirmation of charges]
On
24 August 2023, the confirmation of charges hearing in the case The
Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka concluded before
Pre-Trial Chamber II of the International Criminal Court.
After hearing the
oral submissions of the Prosecutor, the Legal Representatives of the Victims
and the Defense presented their arguments on the merits from 22 to
24 August 2023.
The Defense,
Prosecutor, and the Legal representatives of the victims had
until 14 September 2023 to complete their presentations by way of written
submissions, to which the Defense and Prosecution could respond by 26 September 2023 at the latest, while the Defense
could reply by 2 October 2023. Within 60 days from
the receipt of the Defense’s reply on 2 October 2023, the judges
will issue their decision.
More information about the Case can be found here.
c.
Central
African Republic II - Yekatom and Ngaïssona Case [Presentation of evidence by the Legal
Representatives of Victims]
On 18 September
2023, the Legal Representatives of Victims ("LRV") in the
case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard
Ngaïssona started
presenting evidence before Trial Chamber V of the ICC.1,708 victims are participating in this case.
More information about the Case can be found here.
d.
Central
African Republic II - Mokom Case [Withdrawal
of charges and termination of proceedings]
On
16 October 2023, the Prosecutor notified
the Pre-Trial Chamber II of the withdrawal of all the charges against Mr.
Maxime Jeoffroy Eli Mokom Gawaka pursuant to Article 61(4) of the Rome Statute.
The
Prosecutor informed the judges that, having considered the totality of the
evidence in the Mokom case and considering changed circumstances regarding the
availability of witnesses, he has concluded that there are no longer any
reasonable prospects of conviction at trial even if the charges were confirmed.
Prosecutor Khanrecalled
that his decision to withdraw the charges against Mr.
Mokom was without prejudice to the Office’s authority to request a new arrest
warrant if more evidence becomes available in relation to crimes under the
Court’s jurisdiction in the situation in CAR.
Following the
withdrawal of charges, on 17 October 2023, the Pre-Trial Chamber II of the ICC terminated the
proceedings in the case of The Prosecutor v. Maxime Jeoffroy
Eli Mokom Gawaka and ordered his immediate release. Mr. Mokom was
released from the ICC detention on the same day.
More information about the Case can be found here.
e.
Darfur,
Sudan – Abd-Al-Rahman Case [Opening Statement and presentation of
evidence by the Defense]
On 19 October 2023, the Defense for Mr.
Ali Muhammad Ali Abd-Al-Rahman made their opening statement before Trial
Chamber I of the International Criminal Court (ICC). The Defense called its
witnesses and presented its case.
f.
Uganda –
Vincent Otti [Termination of proceedings]
On 17 November 2023, Pre-Trial Chamber
II of the ICC terminated proceedings against the alleged former Vice-Chairman
and Second-in-Command of the Lord’s Resistance Army (LRA), Vincent Otti. The
Chamber made this decision following the Prosecution’s ‘Third Request to Terminate
Proceedings against Vincent Otti.’
In its request, the Prosecution explained that
“all available evidence indicates that Mr. Otti was killed in a remote area of
the Democratic Republic of Congo in October 2007.” In addition to the
information previously submitted before the Chamber, the Prosecution appended
two witness statements and explained that the only eyewitness to Mr. Otti’s
killing must also be assumed dead. It indicated that further investigative
steps are unlikely to result in any additional proof of Mr Otti’s death.
In its decision, the Chamber found that the
only reasonable conclusion was that Mr. Otti was no longer alive. The Chamber
recalled that the Court cannot exercise jurisdiction over a deceased person. Therefore,
the death of the suspect required termination of the proceedings against Mr.
Otti, further to which all relevant documents, including any warrants of
arrest, are rendered without effect.
On 28 November 2023, the Defense for Mr.
Alfred Yekatom made its opening statement before Trial Chamber V of the
International Criminal Court in the case of The Prosecutor v. Alfred
Yekatom and Patrice-Edouard Ngaïssona.
The Defense for Mr. Patrice-Edouard Ngaïssona
already presented its opening statement at the beginning of the trial on 18
February 2021.
The hearings resumed on 11 December 2023,
when the Defense started calling its witnesses and presenting its case.
More information about the Case can be found here.
h.
Uganda – Joseph Kony Case [Preliminary decision on holding confirmation
of charges hearing in absentia]
On 23 November 2023, Pre-Trial Chamber
II of the ICC issued a preliminary decision on the Prosecution’s request to hold confirmation
of charges hearing against Mr. Joseph Kony in his absence.
The Chamber ordered the ICC Prosecutor, if he
wishes to continue with his request, to file a public “Document containing the
charges” within eight weeks from this decision and the ICC Registrar to submit
within four weeks a plan indicating the outreach activities and notification
efforts it would pursue to inform Mr. Kony of the charges against him.
The Chamber will then evaluate whether “all
reasonable steps to inform the suspect of the charges” were taken, which is a
condition that must be fulfilled before the Chamber can decide whether it is
warranted to hold confirmation of charges hearing in the absence of the
suspect.
This decision followed the Prosecution’s “Request to Hold a Hearing on the Confirmation
of Charges against Joseph Kony in his Absence” filed on 24 November 2022 and subsequent submissions by parties
and participants. Noting all the efforts made by the Court and the
international community to locate him, the Chamber considered Mr. Kony as a
“person who cannot be found.”
The legal
framework required the Chamber to assess whether cause exists to proceed with a
confirmation of charges hearing in absentia for Mr Kony. The Chamber
found that such a cause potentially exists. As part of its assessment, it
recalled that holding a confirmation hearing in absentia is
exceptional.
The
Chamber also recalled that the Rome Statute does not allow proceedings in the
suspect’s absence beyond the confirmation of charges hearing at the Pre-Trial
Stage. Should the charges be confirmed, the case cannot proceed to trial
because any trial requires Mr. Kony to be present before the Court.
Notwithstanding the foregoing, in assessing whether to trigger the exceptional
procedure envisaged in article 61(2)(b) of the Statute, the Chamber placed
substantial weight on the facts that the victims of his alleged crimes have
been waiting for justice for over 18 years and that Mr. Kony is the only
remaining suspect in the Uganda situation.
i.
Uganda – Dominic
Ongwen Case [Convicted transferred to Norway to serve his sentence)
On 18 December 2023, Dominic Ongwen was
transferred to a prison facility in the Kingdom of Norway to serve his imprisonment
sentence. Mr. Ongwen is the fifth person transferred by the ICC to a State that
has indicated its willingness to accept sentenced persons.
On 9 November 2023, the Presidency of
the ICC designated Norway as the State of enforcement for Mr. Ongwen's imprisonment
sentence, pursuant to article 103 of the Rome Statute.
a.
Situation
in the Republic of Philippines [Appeals Chamber confirms authorization to
resume investigations]
On 18 July 2023, the Appeals Chamber of the International Criminal Court
delivered its judgment confirming, by majority, ICC Pre-Trial Chamber I’s
decision granting authorization to the ICC
Prosecutor to resume the investigations in relation to the situation in the Republic of the Philippines.
The Majoritydismissed
the Philippines’ first ground of appeal, under which the Philippines argued
that the Court could not exercise its jurisdiction over the Philippines'
situation because the Philippines withdrew from the Rome Statute.The
Majority considered that this issue was not properly raised before the
Pre-Trial Chamber and that the Impugned Decision does not constitute a
“decision with respect to the jurisdiction.” The Majority also found that the Philippines, the State seeking
deferral and asserting that it conducts the relevant investigations or
prosecutions, bears the burden of proof.
The Majority also
found that the Philippines failed to show instances in which the Pre-Trial
Chamber allegedly applied the wrong admissibility threshold or standard and
that, given its conclusion on the Philippines’ inactivity with regard to the
relevant crimes, it was correct for the Pre Trial Chamber not to consider the
issue of the Philippines’ willingness and ability to investigate.
More information on the Situation can be found here.
b.
Situation
in Venezuela I [Appeals Chamber holds hearing on appeals
against the authorization to resume investigations]
At the hearing, the Office of the Prosecutor,
the Representatives of the Bolivarian Republic of Venezuela, and the Office of
Public Counsel for Victims (OPCV) had an opportunity to address specific issues
arising from their submissions and to respond to questions of the Appeals
Chamber. No judgment is expected to be delivered at the hearing.
More information on the Situation can be found here.
On 17 November 2023, the Office of the
Prosecutor received a referral of the Situation in the State of Palestine from
the following five States Parties: Bangladesh, Comoros, Djibouti, the
Plurinational State of Bolivia, and South Africa.
In accordance with the Rome Statute of the ICC,
a State Party may refer to the Prosecutor a situation in which one or more
crimes within the jurisdiction of the Court appear to have been committed,
requesting the Prosecutor to investigate the situation for the purpose of
determining whether one or more specific persons should be charged with the
commission of such crimes.
The Office is presently conducting an
investigation into the Situation in the State of Palestine. This
investigation commenced on 3 March 2021, encompasses conduct that may
amount to Rome Statute crimes committed since 13 June 2014 in Gaza and the West
Bank, including East Jerusalem. It is ongoing and extends to the escalation of
hostilities and violence since the attacks that took place on 7 October 2023.
More information on the Situation can be found here.
On 31 March 2010, Pre-Trial Chamber II
granted the request of the Office of the Prosecutor to open an
investigation proprio motu in the Situation in the Republic of Kenya in
relation to alleged crimes against humanity committed in the context of
post-election violence in Kenya in 2007 and 2008.
The Office’s investigation led to charges
against six suspects in two
separate cases. All charges against these six suspects were either not
confirmed or withdrawn or terminated without prejudice. Following the
termination of the cases, the Office initiated an investigation into offenses
under Article 70 of the Rome Statute, which led to arrest warrants against
three suspects: Mr. Walter Barasa, Mr. Paul Gicheru, and Mr. Philip Kipkoech
Bett. After receiving official confirmation of Mr. Gicheru's death, the Trial
Chamber terminated the proceedings. Mr. Barasa and Mr. Bett remain at large.
After assessing all the information available
to Deputy Prosecutor Nazhat Shameem Khan, she decided to conclude the
investigation phase in the Situation in Kenya. She reached this decision after
considering the specific facts and circumstances of this Situation.
Accordingly, the Office will not pursue additional cases into the alleged
criminal responsibility of other persons. The Office maintains its capacity to
act on information relating to retaliation against witnesses. In this regard,
the cases against Mr. Barasa and Mr. Bett for offenses against the
administration of justice remain before the Court.
More information on the Situation can be found here.
e.
Situation
in the Republic of Uganda [conclusion of the investigation phase]
On 29 July 2004, following a referral
from the Government of Uganda, the Office of the Prosecutor opened an
investigation concerning the Situation in
Uganda in relation to alleged crimes against humanity and war
crimes within the jurisdiction of the Court committed between 1 July 2002
and 31 December 2005.
Since the opening of this investigation, the
Office sought on 6 May 2005, warrants of arrest against five suspects,
namely Raska Lukwiya, Okot Odhiambo, Vincent Otti, Dominic Ongwen , and Joseph
Kony, who were among the highest commanders of the Lord’s Resistance Army
(“LRA”).
In relation to three of the five warrants of
arrest issued, Pre-Trial Chamber II terminated proceedings against Raska
Lukwiya, Okot Odhiambo, and Vincent Otti due to their deaths.
The Office’s investigations led to
the successful prosecution and conviction of Dominic Ongwen for 61 counts
comprising crimes against humanity and war crimes. On 6 May 2021, Mr.
Ongwen was sentenced to 25 years of imprisonment. On 15 December
2022, Dominic Ongwen’s conviction and sentence were affirmed on
appeal, and reparations proceedings are currently underway.
On 1 December 2023, the Prosecutor made
the decision that, beyond the outstanding case against Mr. Kony, the Office
will not pursue new lines of inquiry in the Situation in Uganda. Accordingly,
absent a significant change in circumstances and without prejudice to all work
required to support the ongoing judicial process, the investigation phase in
the Situation in Uganda is concluded.
The closure of the investigation in the
Situation in Uganda does not mean that the activities of the Office in this
situation are over. The Office will now concentrate its efforts on ensuring the
successful prosecution of Joseph Kony. Concerted efforts with ICC Registry and
relevant partners will continue to be devoted to securing his arrest.
The Office of the Prosecutor (OTP) supported
the return of remains of victims of alleged atrocity crimes in the Central
African Republic as part of a ceremony held in Bangui. The remains had been
recovered during recent exhumations in the country, which were undertaken
through a collaboration between the OTP, national authorities, and
international partners.
The OTP has conducted exhumation and forensic
examination activities in relation to a number of alleged victims as part of
OTP’s investigations into crimes committed in CAR during the 2013 conflict.
This work has encompassed the deployment of
over 20 technical experts to CAR, including archaeologists, pathologists,
odontologists, anthropologists, ballistic experts, and morgue technicians.
ii.
ICC Office of the Prosecutor launches public
consultation on Policy on Complementarity and Cooperation
On 6 October 2023, the Prosecutor of the
International Criminal Court, Mr Karim A.A. Khan KC, announced a public
consultation on the Office’s new draft Policy on Complementarity and Cooperation
Focused on the core principles of cooperation
and complementarity at the heart of the Rome Statute, the paper distills a
range of integrated measures and policies that can bring about a paradigm shift
in the relationship between the Office of the Prosecutor, national authorities,
and other accountability mechanisms, and victims and survivors of atrocities
globally.
The Office welcomes comments on the substance
of the policy and encourages proposals as to how it may be enhanced. The
Prosecutor emphasized that partnerships and engagement are essential, including
in developing the Office’s approaches to policy and practice.
iii.
ICC Prosecutor appoints new Special Advisers and
provides updates on portfolios
On 10 November 2023, the Prosecutor
announced the appointment of new Special Advisers pursuant to article 42.9 of
the Rome Statute:
Prof. Rene Fernando
Urueña Hernandez – Special Adviser on Complementarity (Bio);
Prof. Valerie
Oosterveld – Special Adviser on Crimes Against Humanity (Bio);
and
Prof. Tan Sri Dr
Jemilah Mahmood – Special Adviser Without Portfolio (Bio).
The selection of the new Special Advisers is intended
to create a network of experts representing different regions of the world with
cultural, linguistic, and gender diversity. Their specific expertise reinforces
the Office's capabilities to effectively and efficiently discharge its mandate
under the Statute and to strengthen specialization on a wide range of issues
and priority areas identified by the Prosecutor.
iv.
The Office of the Prosecutor issues Final Report
on the Situation in Colombia
On 30 November 2023, the Office of the
Prosecutor issued its Final Report on the Situation in
Colombia following the determination of the Prosecutor in October 2021 to conclude the preliminary
examination with a decision not to proceed with an investigation on the basis
of the Office’s admissibility assessment.
The Report provides additional information
underlying the reasons for this determination based on the Office’s
admissibility assessment. It also describes the nature and scope of the
Office’s engagement in the Situation in Colombia during its 17-year-long
preliminary examination.
Finally, the Report addresses the trajectory of
the Office’s current activities as it cooperates with and learns from
Colombia’s experience as part of the common effort to ensure that the goals of
the Rome Statute are given effect.
On 5 December 2023, the Office of the
Prosecutor launched a new Policy on Gender-based Crimes (available in
English and French) to guide and strengthen the Office’s work in rigorously investigating
and prosecuting these historically neglected atrocities.
The policy provides clarity and direction and
will allow the OTP to fully consider Gender-Based Crimes (GBC) across all
Situations and throughout all stages of our work.
The new Policy also identifies principles
underlying the OTP’s work on GBC, including adopting an intersectional
perspective, acknowledging and overcoming myths, stereotypes, and
misconceptions, and taking a survivor-centered, trauma-informed approach in all
that we do.
vi.
ICC Prosecutor launches the OTP’s Annual Report
2023 “Delivering Better Together”
On 7 December 2023, the Prosecutor of
the ICC announced the publication of the 2023 edition of the Office of the
Prosecutor Annual Report: “Delivering Better Together.”
The Report takes a holistic view of the
Office’s activities, providing an insight into the milestones achieved in the
course of the past year and the efforts carried out by his office to improve
its ability to deliver on its mandate continually.
On 8 December 2023, the Prosecutor of the ICC
published a new Policy on Children to help remedy children’s historic
underrepresentation and lack of engagement in international criminal justice
processes.
The Policy represents a critical step to take a
child-sensitive approach to investigations and prosecutions by articulating how
the Office can proactively and explicitly consider their experiences in all the
cases.
The new Policy also emphasizes that all Rome
Statute crimes may be committed against or affect children. Countering a
traditionally homogenous view of children, the Policy aims to actively reflect
and adapt to issues related to intersectionality, children’s different
developmental stages, and their evolving capacities.
Building on the 2016
OTP Policy on Children, this Policy incorporates recent research about
children’s development, memory, and abilities to engage in judicial processes
and the emergence of new technologies to support their safe participation.
i.
ICC Judges update Chambers
Practice Manual to include guidelines on dissenting and separate opinions
On 13 July 2023, the seventh edition of
the Chambers Practice Manual of Judges of the International Criminal Court
was issued in English and French.
This update adds a new section to the Chambers
Practice Manual on principles and procedures governing the issuance of
dissenting and separate opinions.
Such principles include that dissenting and
separate opinions should be a measure of last resort. Other issues addressed
are the length of dissenting and separate opinions and their issuance together
with the majority judgment, decision, or order.
On 26 September 2023, the President of
the International Criminal Court, Judge Piotr Hofmański, contributed to a
project led by the École Nationale de la Magistrature,
the International Nuremberg Principles Academy, and the
Siracusa Institute for Criminal Justice and Human Rights, which resulted
in the formulation of Ethical Principles for International Criminal Judges.
