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.
• More information on the Case can be found here.

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.

g.     Central African Republic II - Yekatom and Ngaïssona Case [Opening statement by the Defense]

• 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.
• More information on the Case can be found here.

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.
• More information on the Case can be found here.

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]

• On 7 and 8 November 2023, the Appeals Chamber of the International Criminal Court held a hearing on the appeal of the Bolivarian Republic of Venezuela against Pre-Trial Chamber I’s decision authorizing the resumption of the investigation in the situation.
• 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.

c.     Situation in the State of Palestine [State referral]

• 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.

d.     Situation in the Republic of Kenya [Conclusion of the situation]

• 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.  
• More information on the Case can be found here.

a.     Activities of the Office of the Prosecutor

i.      Office of the Prosecutor partners with national authorities and international experts in the forensic identification and restitution of remains of victims in the Central African Republic

• 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.
• The report is available in English and Spanish.

v.      The Office of the Prosecutor publishes a new Policy on Gender-Based Crimes

• 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 Policy represents a renewal of the 2014 OTP Policy Paper on Sexual and Gender-Based Crimes and will be applied from preliminary examinations until sentencing and reparations.
• 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.
• The report is available in English.

vii.           ICC Prosecutor publishes a new Policy on Children

• 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.
• The Policy is available in English.

b.     Activities of the Trust Fund for Victims (TFV)

i.    States’ voluntary contributions to the TFV

• In the last semester of 2023, the TFV received voluntary contributions from (chronologically) Sweden, Austria, Chile, Belgium, Czech Republic, Hungary, France, New Zealand, Malta, Slovenia, Andorra, Spain, Luxembourg, Latvia, and Estonia.

c.     Other activities

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. 

ii.              ICC President contributes to Ethical Principles for International Criminal Judges

• 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.
• The document is available in English, Français, Español.