OTP Briefing

Issue #140 1-15 May 2013

NEWS
Prosecutor Bensouda briefs the UN Security Council on the situation in Libya
8 May Prosecutor Fatou Bensouda addressed the UN Security Council for the fifth time on the situation in Libya: We have all witnessed developments in Libya since the demise of the Gaddafi regime. Despite important progress made in moving Libya forward on the path of democracy, rule of law and respect for human rights, many challenges remain. Following the admissibility challenges filed by the Libyan government with regard to the Saif Al-Islam Gaddafi and Abdullah Al Senussi cases, and in accordance with the Rome Statute, investigations with respect to these cases have been suspended. Saifs case has advanced to a stage where it remains for the Chamber to pronounce itself on the submissions made by all parties. The Prosecutor emphasized that by conducting fair, just, and transparent judicial proceeedings for all alleged perpetrators, while also continuing to respect the ICC judicial process, Libya can set a lasting example for other States. Furthermore, the Prosecutor noted the OTP continues to be concerned about the allegations of crimes committed by rebel forces, including the expulsion of residents of Tawergha, who have been unable to return home, ongoing alleged persecution of ethnic groups perceived to have been affiliated with the Gaddafi regime, and specific incidents as yet unaccounted for, like the alleged execution of fifty persons on the grounds of the Mahari Hotel in Sirte in October 2011, and alleged arbitrary detention, torture, killings and destruction of property that arose during Libyan government and militia operations in Bani Walid in September 2012. Complementarity and cooperation define the relationship between the Court and national justice systems. Both are thus essential for the implementation of international justice and the punishment of crimes under the Rome Statute. Above all, both are essential for ensuring that prosecution of the few does not result in impunity for the many. It is for this reason that my Office continues to explore possibilities for mutually reinforcing judicial activities with the Government of Libya in fostering complementarity. On the same day, Prosecutor Bensouda also delivered a speech at the Network of Women Diplomats in New York: Women all over the world always become the hardest hit victims of any scourge that occurs in any country irrespective of the causes thereof. The worst scourge in times of war is that of the inhuman attacks on the dignity of women and young girls. This scourge seems to have now been accepted as a necessary consequence of war. It is therefore incumbent upon all of us to work together to stop this scourge: today I appeal to you to join me in fighting this scourge.

Prosecutor receives referral by the Comoros authorities in relation to the events of May 2010 on the vessel MAVI MARMARA
14 May The OTP met with a delegation from the Istanbul-based Elmadag Law Firm, acting on behalf of the Government of the Union of the Comoros, a State Party to the International Criminal Court since 18 August 2006. The delegation transmitted a referral of the Union of the Comoros with respect to the 31 May 2010 Israeli raid on the Humanitarian Aid Flotilla bound for Gaza Strip, requesting the Prosecutor of the International Criminal Court pursuant to Articles 12, 13 and 14 of the Rome Statute to initiate an investigation into the crimes committed within the Courts jurisdiction, arising from this raid. In accordance with the requirements of the Rome Statute the OTP will be conducting a preliminary examination in order to establish whether the criteria for opening an investigation are met. After careful analysis of all available information, the Prosecutor shall make a determination that will be made public in due course.

Prosecutor Bensouda travels to Geneva, Switzerland

4-16 May Prosecutor Bensouda travelled to Geneva, Switzerland, where she participated in the event organized by the Barreau Pnal International and supported by Switzerland and the Organisation internationale de la Francophonie La Suisse et la Cour pnale internationale, loccasion de la publication du premier Commentaire en franais du Statut . Furthermore, the Prosecutor met with Kofi Annan, UN High Commissioner on Human Rights Navi Pillay, representatives from the ICRC, as well as the group of Friends to the ICC in Geneva. Additionally, the Prosecutor met with NGO representatives.

OTP Activities
OVERVIEW
8 situations under investigation 18 cases in relation to 25 persons Arrest warrants outstanding against 12 individuals 7 preliminary examinations in 4 different continents Phases 6 cases at Pre-Trial Stage 5 cases before Trial Chambers 2 cases before Appeals Chamber 2 verdicts

I. Preliminary Examinations
Preliminary examinations refer to the analytical processIN byTHE which OTP assesses whether there is a reasonable basis to proceed with an INCLUDED 14 the CASES?4 cases before Trial Chambers investigation in a given situation. In accordance with Article 15 of the Statute, the OTP proactively gathers and evaluates information from multiple sources, including communications from individuals and parties concerned (phase 1 initial review). Following a sequential process, and irrespective of the mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal criteria laid out in Article 53 of the Statute, namely jurisdiction, including temporal/territorial/personal and subject-matter jurisdiction (phase 2), admissibility, including complementarity and gravity (phase 3) and the interests of justice (phase 4). Currently, the OTP is conducting preliminary examinations into eight situations: Afghanistan, Honduras, Korea and the Comoros referral (phase 2), Colombia, Georgia, Guinea, and Nigeria (phase 3).

II. Investigations and Prosecutions

1. Situation in the Democratic Republic of the Congo (DRC) Referred: April 2004 Investigation Opened: June 2004
Trials The Prosecutor v Thomas Lubanga Dyilo charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002 2003 Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to a total of 14 years of imprisonment; principles and procedures to be applied to reparations established on 7 August. This decision is subject to appeal.
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The Prosecutor v Germain Katanga and The Prosecutor v Mathieu Ngudjolo Chui charged with war crimes and crimes against humanity committed during the attack of the village of Bogoro in the Ituri region on 24 February 2003 Status: Closing oral statements took place from 15 to 23 May 2012; charges severed by Judges on 21 November; on 18 December, Ngudjolo Chui acquitted of all charges; on 21 December, Ngudjolo Chui was released from custody. The Prosecution has appealed the decision. Pre-Trial The Prosecutor v Bosco Ntaganda charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002-2003; a second warrant was issued to include war crimes of murder, attacks against the civilian population, rape and sexual slavery, and pillaging, as well as crimes against humanity of murder, rape and sexual slavery, and persecution Status: Initial appearance on 26 March 2013; confirmation of charges hearing scheduled for 23 September 2013 Warrant Pending The Prosecutor v Sylvestre Mudacumura charged with war crimes of attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrages against personal dignity committed in North and South Kivu Provinces of the DRC between 20 January 2009 and end of September 2010 Issued: 13 July 2012

2. Situation in Uganda Referred: January 2004 Investigation opened: July 2004

Warrants Pending The Prosecutor v Joseph Kony et al. charged with war crimes and crimes against humanity committed during LRAs insurgency activities in Northern Uganda 2002 2004 Issued: 8 July 2005. On 11 July 2007, Pre-Trial Chamber I ordered to terminate the proceedings against Raska Lukwiya. On 8 November 2007, the OTP submitted information to the PTC on the reported death of Vincent Otti.

3. Situation in Darfur, the Sudan Referred: March 2005 Investigation opened: June 2005
Trial The Prosecutor v Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Status: Charges confirmed; trial date set for 5 May 2014 Prosecution to present additional evidence The Prosecutor v Bahar Idriss Abu Garda charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Warrants Pending The Prosecutor v Omar Al Bashir charged with war crimes, crimes against humanity and genocide committed as part of the counterinsurgency campaign in Darfur 2003 2008 (at least) Issued: 4 March 2009 & 12 July 2010 The Prosecutor v Ali Kushayb and Ahmad Harun charged with war crimes and crimes against humanity committed during the attacks against the civilian population in Darfur August 2003 March 2004 Issued: 27 February 2007 The Prosecutor v Abdel Raheem Muhammad Hussein - charged with war crimes and crimes against humanity committed during attacks against the civilian population in Darfur August 2003 March 2004 Issued: 1 March 2012

4. Situation in the Central African Republic (CAR) Referred: January 2005 Investigation opened: May 2007
Trial The Prosecutor v Jean-Pierre Bemba Gombo charged with war crimes and crimes against humanity, including a massive rape campaign, committed in CAR between 26 October 2002 15 March 2003 Status: Prosecution completed the presentation of its case on 21 March 2012; Defense started its presentation on 14 August 2012; the trial resumed on 4 March 2013 following a temporary suspension.

5. Situation in Kenya OTP request to start investigation: November 2009 Investigation opened: March 2010
Trials The Prosecutor v William Samoei Ruto and Joshua Arap Sang charged with crimes against humanity committed during the post-electoral violence in Kenya on or about 30 December 2007 end January 2008 Status: Case sent to trial on 23 January 2012, trial date set for 28 May 2013 The Prosecutor v Uhuru Muigai Kenyatta charged with crimes against humanity committed during the post-electoral violence in Kenya 24 28 January 2008 Status: Case sent to trial on 23 January 2012, trial date set for 9 July 2013 (charges withdrawn against Francis Kirimi Muthaura)
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6 May Trial Chamber V decided to provisionally vacate the date of the trials start in the case of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and conveyed a public status conference on 14 May. The trial in the case against Mr. Ruto and Mr. Sang was initially scheduled to start on 28 May. A new date for the trials opening will be scheduled after hearing the parties and participants observations during the status conference. The Chamber also held non-public ex parte status conferences with the Prosecution on 7 May 2013 and with the Defence on 14 May 2013, to discuss these issues and other procedural matters. 6. Situation in Libya Referred: February 2011 Investigation opened: March 2011
Warrants Pending The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al Senussi charged with crimes against humanity committed during attacks on the civilian population by the Libyan Security Forces 15 February at least 28 February 2011 Issued: 27 June 2011; the Chamber decided that Libya could postpone the execution of the request to surrender Saif Al-Islam Gaddafi on 1 June 2012, pending a final determination on the admissibility challenge. Regarding Abdullah Al Senussi, the Chamber rejected Libyas request to postpone the execution of the arrest warrant on 6 February 2013, and ordered immediate surrender

7. Situation in Cte dIvoire OTP request to start investigation: June 2011

Investigation opened: October 2011

Warrant executed The Prosecutor v Laurent Gbagbo charged with war crimes and crimes against humanity committed after the November 2010 Ivorian elections Issued: 23 November 2011 (under seal) Status: initial appearance on 5 December 2011; confirmation of charges hearing took place from 19 to 28 February 2013. Warrant pending The Prosecutor v Simone Gbagbo charged with war crimes and crimes against humanity committed after the November 2010 Ivorian elections. Issued: 29 February 2012 (under seal)

8. Situation in Mali Referred: July 2012 Investigation opened: January 2013

III. Arrests - Cooperation

12 PERSONS SOUGHT BY THE COURT

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The Prosecutor v Simone Gbagbo (more information here) Current location: Cte dIvoire The Prosecutor v Sylvestre Mudacumura (more information here) Current location: Eastern DRC The Prosecutor v Joseph Kony et al (more information here) Current location: variously, at different times, in the border area between DRC, CAR and South Sudan The Prosecutor v Ahmed Harun and Ali Kushayb (more information here) Current location: South Kordofan, Sudan (A. Harun) Sudan (A. Kushayb) The Prosecutor v Omar Hassan Ahmad Al Bashir (more information here) Current location: Khartoum, Sudan 10-11 May - President Bashir travelled to neighbouring Chad for a Community of Sahel-Saharan (CEN-SAD) states regional summit of the regional "Grande Muraille Verte" initiative. Chad as a State Party to the Rome Statute is under an obligation to implement arrest warrants issued by the Court. The OTP had originally filed notifying the Court that attendance at the meeting was likely on 15 March. The summit was subsequently postponed, and] The OTP filed [again] on 10 May identifying the apparent intention to travel. On 16 May, the EU, via the spokesperson for High Representative Catherine Ashton issued a statement deeply regretting the visit, and noting Chad's obligation to cooperate with the Court and to arrest and surrender anyone sought by the Court, describing non-cooperation with the ICC as "a serious shortcoming, as the Court is a vital instrument for combating impunity for the most serious crimes of concern to the international community ." The Prosecutor v Abdel Raheem Muhammad Hussein (more information here) Current location: Khartoum, Sudan
25-26 April - Sudanese Defence Minister Abdelrahim Hussein, also subject to an ICC arrest warrant, had earlier travelled to Chad and attended a bilateral meeting evaluating the Joint Sudanese/Chadian border force. On 25 April, the OTP notified the Chamber of the projected visit, and on 26 April the Chamber issued an Order reminding Chad of its obligations under the Rome Statute. The spokesperson for the EU High Representative Catherine Ashton issued a statement expressing the High Representative's concern at the visit and the nonimplementation of the arrest warrant.

The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al-Senussi (more information here) Current location: Libya

IV. Other Co-operation V. Upcoming Events May

20 21 22 23-24 Prosecutor Bensouda participates in the 38th Congress of the FIDH, Istanbul 25 26

27-28 Prosecutor participates in a discussion panel organized by the French and Argentinian missions to the UN on the International Convention for the Protection of All Persons from Enforced Disappearance, New York

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June
1 2 2

3-6 Prosecutor briefs the UN Security Council on the situation in Darfur, New York

10 Prosecutor travels to Brussels for meetings with EU officials, Brussels 17 ICC-NGO roundtable, The Hague

11-13

14- 15 Prosecutor participated in the second edition of the New York Forum AFRICA, Libreville

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19-21 Prosecutor participates in a Conference organized by NPWJ on Justice in the Arab Spring countries, with a particular focus on Tunisia and holds meetings with officials and civil society, Tunis

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VI. Other Information

* This document reflects the views of the Office of the Prosecutor of the ICC. For more information, contact Mrs. Olivia Swaak-Goldman, International Cooperation Adviser in the Office of the Prosecutor, at Olivia.Swaak-Goldman@icc-cpi.int

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