Cases before the International Criminal Court
Encyclopedia
So far, the International Criminal Court
The Court
As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.
Of the six situations the Prosecutor has investigated to date, three were referred by states parties, two were referred by the Security Council, and in one the Pre-Trial Chamber authorised him to open an investigation based on information received from other sources.
On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:
None of the indictees have yet been arrested but Lukwiya was killed in fighting on 12 August 2006, and Otti is said to have been killed in 2007, apparently by Kony. The other three suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.
The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency. The government of Uganda says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.
.
, former leader of the Union of Congolese Patriots
militia in Ituri, became the first person to be arrested under a warrant issued by the court; he will be the first suspect to face trial at the ICC. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crime of using child soldiers. He was flown to the court the same day in a French military aircraft. The prosecutor has stated that his trial will only be on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.
Originally, Lubanga's trial was due to begin on 23 June 2008, but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material
had breached Lubanga's right to a fair trial
. The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". The Court lifted this suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.
, Germain Katanga
and Mathieu Ngudjolo Chui, have also been surrendered to the Court by the Congolese authorities. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro
on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved. The charges against both men include murder, sexual slavery and using children under the age of fifteen years to participate actively in hostilities.
Katanga, the former leader of the Ngiti
-majority Front for Patriotic Resistance of Ituri
militia, was transferred to the Court on 17 October 2007; Ngudjolo, former leader of the National Integrationist Front
, was transferred to the Court on 6 February 2008. The hearing to confirm the charges against them began on 27 June 2008. The trial against the two men started on 24 November 2009.
. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day French authorities arrested Mbarushimana. The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing is to begin on 4 July 2011.
On 13 April 2006 the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse
and Congolese Vice-President Jean-Pierre Bemba
said that they could not secure the arrest of the suspects, despite international arrest warrants, and requested the ICC to take responsibility. The allegations against Bemba date to when his Movement for the Liberation of Congo
rebel army was invited by Patasse into the capital Bangui
to fight rebels who were fighting against Patasse. Also referred to the court were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims.
Local activists from the Union of Central African Journalists (UJCA) have also accused the President, François Bozizé
, of committing genocide against the inhabitants of northern Central African Republic – who supported the former regime – after seizing power in 2003, and asked the court to prosecute Bozizé.
In November 2005, the Office of the Prosecutor held meetings with the government, judiciary authorities, civil society and international community representatives in CAR to gather additional information for the preliminary analysis.
In September 2006 the government of the CAR filed a complaint with the court saying the Prosecutor had failed to decide within a reasonable time whether or not to investigate. In response the pre-trial chamber ordered the prosecutor to submit a report by 15 December 2006 as to the current status of the investigation and an estimate of when a decision on whether to investigate will be made.
On 22 May 2007, the Prosecutor announced his decision to open an investigation, focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces. The case has been allocated to Pre-Trial Chamber III.
On 24 May 2008, Jean-Pierre Bemba
, the former Vice-President of the Democratic Republic of the Congo was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR He was transferred to the ICC on 3 July 2008. His confirmation of charges hearing, taking place from 12–15 January 2009, resulted in the charges being confirmed on 15 June 2009. His trial began on 22 November 2010.
, referring “the situation
prevailing in Darfur
since 1 July 2002” to the Prosecutor. The Prosecutor opened an investigation into this situation on 6 June, and the case was allocated to Pre-Trial Chamber I.
and Janjaweed
militia leader Ali Kushayb – had been identified as key suspects, accused of war crime
s and crimes against humanity. On 2 May 2007, the Court issued arrest warrants for the two men. However, Sudan claims the Court has no jurisdiction over this matter, and refuses to hand over the suspects.
In July 2008, the Chief Prosecutor applied to the Court for an arrest warrant for President of Sudan Omar al-Bashir
on ten counts of genocide, crimes against humanity and war crimes. In October the Court asked the Prosecutor for more information to support the charges.
On 14 July 2008, the Prosecutor accused Sudanese President Omar al-Bashir
of genocide, crimes against humanity and war crimes. The court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity, but ruled that there was insufficient evidence to prosecute him for genocide. Al-Bashir was the first sitting head of state
indicted by the ICC. Al-Bashir denies all the charges, describing them as "not worth the ink they are written in". In July 2009, the member-states of the African Union
agreed not to co-operate in his arrest. Nevertheless, several African Union members who are also States Parties of the ICC, including South Africa and Uganda, let it be known that al-Bashir might be arrested if he entered their territory. However, in July and August 2010 al-Bashir traveled to Chad and Kenya, neither of which turned him over to the ICC despite being States Parties; the ICC has reported both member states to the UN Security Council and the ICC Assembly of States Parties.
On 3 February 2010, the Appeals Chamber of the ICC reversed the Pre-Trial Chamber's rejection of the genocide charge, ruling that the PTC had applied a too stringent standard of proof. Subsequently, the First Pre-Trial Chamber issued a second warrant of arrest against al-Bashir on 12 July 2010, in which he was charged with genocide against three ethnic groups in Darfur.
, commander of the United Resistance Front, a Darfuri rebel group, was accused of responsibility for the attack on the African Union's peace mission in Haskanita
(North-Darfur) on 29 September 2007. In this attack 12 soldiers were allegedly killed and eight injured. Abu Garda denies the charge, but reported voluntarily, stating that "every leader should co-operate with justice and observe the law". A summons was issued against Abu Garda, but no warrant of arrest. He was allowed to await the further proceedings while in liberty.
On 8 February 2010, Pre-Trial Chamber I of the Court ruled that there was insufficient evidence to proceed to trial on charges against Abu Garda. On 23 April 2010, this Chamber also declined the Prosecutor's application to appeal the decision. Under the Rome Statute, such a move to the Appeals Chamber can only be made once leave of the Pre-Trial Chamber has been granted. Both decisions do not preclude the Prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence.
On 20 November 2008, the Chief Prosecutor announced his intention also to prosecute three rebel commanders from the Justice and Equality Movement
for the 2007 Haskanita raids
, in which 12 AMIS
peacekeepers were killed. In May 2009, the Court summoned the three to appear before the Court. One of these – Bahr Idriss Abu Garda – appeared voluntarily before the Court on 18 May 2009. Abu Garda has been charged with the war crime
s of attacking peacekeepers, murder and pillage. The two other rebel commanders charged by the Prosecutor – Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus – appeared voluntarily before the court on 17 June 2010. On 7 March 2011, Pre-Trial Chamber I confirmed the charges against the two and committed them to trial.
. This was the first time the Prosecutor had requested such an authorization; all other investigations have been triggered by either the corresponding government or by the United Nations Security Council
.
On 15 December 2010, the Prosecutor applied for summonses to appear for six alleged perpetrators: In the first case, William Ruto
, Henry Kiprono Kosgey
and Joshua Arap Sang are to stand trial for crimes against PNU
supporters whereas, in the second case, Francis Muthaura
, Uhuru Muigai Kenyatta and Mohamed Hussein Ali
are to stand trial for crimes against ODM
supporters. On 8 March 2011, the Pre-Trial Chamber issued summonses for all six alleged perpetrators to appear before the Court on 7 April and 8 April 2011 respectively.
unanimously to refer the situation in Libya to the ICC. Other than the referral of the situation in Darfur, Sudan, to the ICC in March 2005, this is only the second time that the Security Council has referred a situation to the ICC, and the first time that it has done so unanimously. China and the United States had abstained in 2005, but this time voted in favor of referral to the ICC.
On 3 March 2011, just five days after the referral of the situation, the Prosecutor opened an investigation. On 16 May 2011, the Prosecutor requested a Pre-Trial Chamber of the Court to issue warrants of arrest against Muammar Gaddafi
, his son Saif al-Islam, and the head of Libya's intelligence, Abdullah Senussi
, for allegedly committed crimes against humanity. This request was granted on 27 June 2011, resulting in the second ICC warrant of arrest against an incumbent head of state, the other being Sudan's Omar al-Bashir
.
While Côte d'Ivoire is not a state party to the Rome Statute, it has repeatedly and by different administrations accepted the ICC's jurisdiction.
On 3 October 2011, Pre-Trial Chamber III authorized the investigation to be conducted by the Prosecutor.
On 10 February 2006, the Prosecutor published a letter responding to complaints he had received concerning the 2003 invasion of Iraq
. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.
In addition to the six situations where the Prosecutor has opened formal investigations, several other situations have been subjected to "preliminary examination", including Afghanistan, Colombia, Guinea, Georgia, Honduras, Nigeria, Palestine
, and the Republic of Korea.
in Mbandaka
sentenced Botuli Itofo, a policeman, to twenty years imprisonment after his conviction under ICC implementing legislation for the crime against humanity of mass rape and other "serious human rights violations". Over fifty women and girls had expressed that they had been raped as a part of a "punitive operation" by police sent to the area to restore order in March 2006.
.
In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister
Zokirjon Almatov in connection with the Andijan massacre
. Almatov was visiting Germany at the time for hospital treatment. The prosecutor declined to act, saying the chances of a successful prosecution was "non-existent" as the government of Uzbekistan would not cooperate in the gathering of evidence.
In May 2011, a trial against two alleged members of the FDLR began in Stuttgart
, Germany. Ignace Murwanashyaka
and Straton Musoni, both Rwandan citizens, are accused of 26 counts of crimes against humanity and 39 counts of war crimes, allegedly committed in the Democratic Republic of the Congo. This is the first trial in Germany under the Völkerstrafgesetzbuch
in force since 2002.
Donald Payne became the first British person to be convicted of a war crime. He pleaded guilty under ICC implementing legislation for inhumane treatment of Baha Mousa
, an Iraqi detainee following the 2003 invasion of Iraq
. He was sentenced to one year in jail and dismissed from the army. Three other soldiers were acquitted of war crimes in the same trial.
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
The Court
As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.
How an investigation is opened
The Prosecutor may open an investigation under three circumstances:- when a situation is referred to him by a state party;
- when a situation is referred to him by the United Nations Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
, acting to address a threat to international peace and security; or - when the Pre-Trial Chamber authorises him to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.
Of the six situations the Prosecutor has investigated to date, three were referred by states parties, two were referred by the Security Council, and in one the Pre-Trial Chamber authorised him to open an investigation based on information received from other sources.
| Situation | Date of referral | UNSC Res. | Votes | For | Against | Abstained |
| Darfur, Sudan | 31 March 2005 | 1593 United Nations Security Council Resolution 1593 United Nations Security Council Resolution 1593, adopted on March 31, 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court and required all states to co-operate fully... |
11-0-4 |            |
    |
|
| Libya | 26 February 2011 | 1970 United Nations Security Council Resolution 1970 United Nations Security Council Resolution 1970 was a measure adopted unanimously by the UN Security Council on 26 February 2011. It condemned the use of lethal force by the regime of Muammar Gaddafi against protesters participating in the 2011 Libyan civil war, and imposed a series of... |
15-0-0 |          |
||
Uganda
In December 2003, the government of Uganda, a state party, referred to the Prosecutor the situation concerning the Lord’s Resistance Army in Northern Uganda. The Prosecutor decided to open an investigation into this matter on 29 July 2004, and on 5 July the situation was assigned to Pre-Trial Chamber II.On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:
- Leader Joseph KonyJoseph KonyJoseph Kony is an African terrorist who is the head of the Lord's Resistance Army , a guerrilla group that is engaged in a violent campaign to establish theocratic government based on the Ten Commandments in Uganda...
committed the crimes against humanity of murder, enslavement, sexual enslavement, rape and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians, pillage, inducing rape and enlisting child soldiers
- Kony's deputy, Vincent OttiVincent OttiVincent Otti was deputy-leader of the Lord's Resistance Army , a rebel guerrilla army operating mainly in northern Uganda and southern Sudan. He was one of the five persons for whom the International Criminal Court issued its first arrest warrants on 8 July 2005...
, committed the crimes against humanity of murder, sexual enslavement and serious bodily injury and the war crimes of inducing rape, attacking civilians, enlisting child soldiers, cruel treatment of civilians, pillage and murder
- Army Commander of the LRA, Okot Odiambo committed the crime against humanity of enslavement and war crimes of attacking civilians, pillage and enlisting child soldiers; Odiambo reportedly led an attack on Barlonyo refugee camp (Aromo sub-county, Erute north constituency,Lira District) in February 2004 when more than 300 people were massacred.
- LRA commander Raska LukwiyaRaska LukwiyaRaska Lukwiya was the third highest ranking leader of the Lord's Resistance Army rebel group founded in northern Uganda. Believed to be a native of Uganda's northern Gulu District, Lukwiya served successively as Brigade General, Deputy Army Commander and Army Commander of the LRA, the last being...
committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians, attacking civilians and pillage
- LRA commander Dominic OngwenDominic OngwenDominic Ongwen is the Brigade Commander of the Sinia Brigade of the Lord's Resistance Army rebel group founded in northern Uganda. As the head of one of the four LRA brigades, Ongwen is a member of the "Control Altar" of the LRA that directs military strategy...
committed the crimes against humanity of murder, enslavement and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians and pillage
None of the indictees have yet been arrested but Lukwiya was killed in fighting on 12 August 2006, and Otti is said to have been killed in 2007, apparently by Kony. The other three suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.
The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency. The government of Uganda says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.
Democratic Republic of the Congo
In March 2004, the government of the Democratic Republic of the Congo, a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.” On 23 June, the Prosecutor decided to open an investigation into the matter and on 4 July the case was allocated to Pre-Trial Chamber I. In February 2008, at the time of the arrest of the third suspect, the Prosecutor announced that this arrest had closed the ICC investigations in IturiIturi
Ituri may refer to:* Ituri Interim Administration, an interim administration in the northeastern Democratic Republic of the Congo* Ituri Province, a proposed province in the northeastern Democratic Republic of the Congo* Ituri Rainforest* Ituri River...
.
Thomas Lubanga
On 17 March 2006, Thomas LubangaThomas Lubanga
Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict...
, former leader of the Union of Congolese Patriots
Union of Congolese Patriots
The Union of Congolese Patriots is an armed group in Ituri, northeastern Democratic Republic of the Congo. They were in 2003 said to be 15000 soldiers . It has carried out numerous attacks upon civilians and other serious human rights abuses in pursuit of its policies...
militia in Ituri, became the first person to be arrested under a warrant issued by the court; he will be the first suspect to face trial at the ICC. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crime of using child soldiers. He was flown to the court the same day in a French military aircraft. The prosecutor has stated that his trial will only be on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.
Originally, Lubanga's trial was due to begin on 23 June 2008, but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material
Brady material
Brady material consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of...
had breached Lubanga's right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
. The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". The Court lifted this suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.
Germain Katanga and Mathieu Ngudjolo Chui
Two more participants in the Ituri conflictIturi Conflict
The Ituri conflict is a conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri region of the northeastern Democratic Republic of Congo . While there have been many phases to the conflict, the most recent armed clashes ran from 1999 to 2003, with a low-level...
, Germain Katanga
Germain Katanga
Germain Katanga , also known as Simba, is a former leader of the Patriotic Resistance Force in Ituri . On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court to stand trial on six counts of war crimes and three counts of crimes against humanity...
and Mathieu Ngudjolo Chui, have also been surrendered to the Court by the Congolese authorities. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro
Bogoro attack
The assault on Bogoro, which occurred on February 24, 2003, was an attack on the village of Bogoro in the Democratic Republic of the Congo by the Nationalist and Integrationist Front and the Front for Patriotic Resistance of Ituri...
on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved. The charges against both men include murder, sexual slavery and using children under the age of fifteen years to participate actively in hostilities.
Katanga, the former leader of the Ngiti
Ngiti
The Ngiti, or South Lendu, is an ethnolinguistic group located in the Ituri Province of the Democratic Republic of the Congo. Ngiti speakers call their language Ndruna. As of 1991, the Ngiti numbered 100,000 located in the Irumu territory south of Bunia...
-majority Front for Patriotic Resistance of Ituri
Front for Patriotic Resistance of Ituri
The Front for Patriotic Resistance of Ituri is a Beni-based armed militia and political party in the Ituri Province of northeastern Democratic Republic of the Congo. The FRPI was established in November 2002 from the Ngiti ethnic group as an ally to the Lendu Nationalist and Integrationist Front...
militia, was transferred to the Court on 17 October 2007; Ngudjolo, former leader of the National Integrationist Front
Nationalist and Integrationist Front
The Nationalist and Integrationist Front is a Lendu rebel group active in the Ituri conflict in Ituri, Democratic Republic of the Congo. The FNI has fought against the Hema tribe and is blamed for the ambush and murder of nine MONUC peacekeepers near the town of Kafe in February 2005...
, was transferred to the Court on 6 February 2008. The hearing to confirm the charges against them began on 27 June 2008. The trial against the two men started on 24 November 2009.
Callixte Mbarushimana
On 20 August 2010, the Prosecutor requested Pre-Trial Chamber I to issue a warrant of arrest against Callixte MbarushimanaCallixte Mbarushimana
****Callixte Mbarushimana is a Hutu Rwandan and former United Nations employee who is alleged to have participated in the Rwandan Genocide of 1994, and who later on was indicted by the International Criminal Court in The Hague for crimes against humanity and war crimes allegedly committed in the...
. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day French authorities arrested Mbarushimana. The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing is to begin on 4 July 2011.
Central African Republic
In December 2004, the government of the Central African Republic, a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute.”On 13 April 2006 the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse
Ange-Félix Patassé
Ange-Félix Patassé was a Central African politician who was President of the Central African Republic from 1993 until 2003, when he was deposed by the rebel leader François Bozizé...
and Congolese Vice-President Jean-Pierre Bemba
Jean-Pierre Bemba
Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo. He was one of four vice-presidents in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006. Bemba also leads the Movement for the Liberation of Congo , a rebel group...
said that they could not secure the arrest of the suspects, despite international arrest warrants, and requested the ICC to take responsibility. The allegations against Bemba date to when his Movement for the Liberation of Congo
Movement for the Liberation of Congo
The Movement for the Liberation of the Congo is a political party in Democratic Republic of the Congo. It was a rebel group operating in the Democratic Republic of Congo that fought the government throughout the Second Congo War. It subsequently took part in the transitional government and is now...
rebel army was invited by Patasse into the capital Bangui
Bangui
-Law and government:Bangui is an autonomous commune of the Central African Republic. With an area of 67 km², it is by far the smallest high-level administrative division of the CAR in area but the highest in population...
to fight rebels who were fighting against Patasse. Also referred to the court were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims.
Local activists from the Union of Central African Journalists (UJCA) have also accused the President, François Bozizé
François Bozizé
François Bozizé Yangouvonda is the President of the Central African Republic. He came to power in March 2003 after leading a rebellion against President Ange-Félix Patassé and ushered in a transitional period of government...
, of committing genocide against the inhabitants of northern Central African Republic – who supported the former regime – after seizing power in 2003, and asked the court to prosecute Bozizé.
In November 2005, the Office of the Prosecutor held meetings with the government, judiciary authorities, civil society and international community representatives in CAR to gather additional information for the preliminary analysis.
In September 2006 the government of the CAR filed a complaint with the court saying the Prosecutor had failed to decide within a reasonable time whether or not to investigate. In response the pre-trial chamber ordered the prosecutor to submit a report by 15 December 2006 as to the current status of the investigation and an estimate of when a decision on whether to investigate will be made.
On 22 May 2007, the Prosecutor announced his decision to open an investigation, focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces. The case has been allocated to Pre-Trial Chamber III.
On 24 May 2008, Jean-Pierre Bemba
Jean-Pierre Bemba
Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo. He was one of four vice-presidents in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006. Bemba also leads the Movement for the Liberation of Congo , a rebel group...
, the former Vice-President of the Democratic Republic of the Congo was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR He was transferred to the ICC on 3 July 2008. His confirmation of charges hearing, taking place from 12–15 January 2009, resulted in the charges being confirmed on 15 June 2009. His trial began on 22 November 2010.
Darfur, Sudan
On 31 March 2005, the United Nations Security Council passed Resolution 1593United Nations Security Council Resolution 1593
United Nations Security Council Resolution 1593, adopted on March 31, 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court and required all states to co-operate fully...
, referring “the situation
Darfur conflict
The Darfur Conflict was a guerrilla conflict or civil war centered on the Darfur region of Sudan. It began in February 2003 when the Sudan Liberation Movement/Army and Justice and Equality Movement groups in Darfur took up arms, accusing the Sudanese government of oppressing non-Arab Sudanese in...
prevailing in Darfur
Darfur
Darfur is a region in western Sudan. An independent sultanate for several hundred years, it was incorporated into Sudan by Anglo-Egyptian forces in 1916. The region is divided into three federal states: West Darfur, South Darfur, and North Darfur...
since 1 July 2002” to the Prosecutor. The Prosecutor opened an investigation into this situation on 6 June, and the case was allocated to Pre-Trial Chamber I.
Ahmed Haroun and Ali Kushayb
In February 2007 the Prosecutor announced that two men – Sudanese humanitarian affairs minister Ahmad Muhammad HarunAhmed Haroun
Ahmed Mohammed Haroun is one of three Sudanese men wanted by the International Criminal Court for war crimes and crimes against humanity in Darfur...
and Janjaweed
Janjaweed
The Janjaweed is a blanket term used to describe mostly gunmen in Darfur, western Sudan, and now eastern Chad...
militia leader Ali Kushayb – had been identified as key suspects, accused of war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s and crimes against humanity. On 2 May 2007, the Court issued arrest warrants for the two men. However, Sudan claims the Court has no jurisdiction over this matter, and refuses to hand over the suspects.
In July 2008, the Chief Prosecutor applied to the Court for an arrest warrant for President of Sudan Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
on ten counts of genocide, crimes against humanity and war crimes. In October the Court asked the Prosecutor for more information to support the charges.
Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
of genocide, crimes against humanity and war crimes. The court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity, but ruled that there was insufficient evidence to prosecute him for genocide. Al-Bashir was the first sitting head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
indicted by the ICC. Al-Bashir denies all the charges, describing them as "not worth the ink they are written in". In July 2009, the member-states of the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
agreed not to co-operate in his arrest. Nevertheless, several African Union members who are also States Parties of the ICC, including South Africa and Uganda, let it be known that al-Bashir might be arrested if he entered their territory. However, in July and August 2010 al-Bashir traveled to Chad and Kenya, neither of which turned him over to the ICC despite being States Parties; the ICC has reported both member states to the UN Security Council and the ICC Assembly of States Parties.
On 3 February 2010, the Appeals Chamber of the ICC reversed the Pre-Trial Chamber's rejection of the genocide charge, ruling that the PTC had applied a too stringent standard of proof. Subsequently, the First Pre-Trial Chamber issued a second warrant of arrest against al-Bashir on 12 July 2010, in which he was charged with genocide against three ethnic groups in Darfur.
Bahr Idriss Abu Garda
On 17 May 2009, it was the first time that a suspect appeared voluntarily before the Court. Bahr Idriss Abu GardaBahr Idriss Abu Garda
Bahr Idriss Abu Garda is the leader of the United Resistance Front, a rebel group fighting against the Sudanese government in Darfur...
, commander of the United Resistance Front, a Darfuri rebel group, was accused of responsibility for the attack on the African Union's peace mission in Haskanita
Haskanita raids
The Haskanita raids was an attack on African Union peacekeepers by rebel groups during the Darfur conflict. The attacks took place on 30 September and early October 2007 near the town of Haskanita in South Darfur...
(North-Darfur) on 29 September 2007. In this attack 12 soldiers were allegedly killed and eight injured. Abu Garda denies the charge, but reported voluntarily, stating that "every leader should co-operate with justice and observe the law". A summons was issued against Abu Garda, but no warrant of arrest. He was allowed to await the further proceedings while in liberty.
On 8 February 2010, Pre-Trial Chamber I of the Court ruled that there was insufficient evidence to proceed to trial on charges against Abu Garda. On 23 April 2010, this Chamber also declined the Prosecutor's application to appeal the decision. Under the Rome Statute, such a move to the Appeals Chamber can only be made once leave of the Pre-Trial Chamber has been granted. Both decisions do not preclude the Prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence.
Abdallah Banda and Saleh Jerbo
On 16 June 2010, two other rebel leaders came voluntarily to the Court. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), leaders of small Darfuri rebel groups, are also charged with war crimes for their alleged roles in the attack in Haskanita described above. Prosecutor Moreno Ocampo stated that their voluntary appearance was the culmination of months of efforts to secure their co-operation. On 17 June 2010, they faced Pre-Trial Chamber I, which ruled that there are reasonable grounds for their prosecution. Just as in the case against Abu Garda, the Prosecutor has not made a request for warrants of arrest against them.On 20 November 2008, the Chief Prosecutor announced his intention also to prosecute three rebel commanders from the Justice and Equality Movement
Justice and Equality Movement
The Justice and Equality Movement is a rebel group involved in the Darfur conflict of Sudan, led by Khalil Ibrahim. Along with other rebel groups, such as the Sudan Liberation Movement , they are fighting against the Sudanese Government, including the government's proxy militia, the Janjaweed...
for the 2007 Haskanita raids
Haskanita raids
The Haskanita raids was an attack on African Union peacekeepers by rebel groups during the Darfur conflict. The attacks took place on 30 September and early October 2007 near the town of Haskanita in South Darfur...
, in which 12 AMIS
African Union Mission in Sudan
The African Union Mission in Sudan was an African Union peacekeeping force operating primarily in the country's western region of Darfur with the aim of performing peacekeeping operations related to the Darfur conflict. Originally founded in 2004, with a force of 150 troops, by mid-2005, its...
peacekeepers were killed. In May 2009, the Court summoned the three to appear before the Court. One of these – Bahr Idriss Abu Garda – appeared voluntarily before the Court on 18 May 2009. Abu Garda has been charged with the war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s of attacking peacekeepers, murder and pillage. The two other rebel commanders charged by the Prosecutor – Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus – appeared voluntarily before the court on 17 June 2010. On 7 March 2011, Pre-Trial Chamber I confirmed the charges against the two and committed them to trial.
Kenya
On 31 March 2010, a Pre-Trial Chamber of the International Criminal Court authorized the Prosecutor to investigate the 2007–2008 Kenyan crisis2007–2008 Kenyan crisis
The 2007–2008 Kenyan crisis refers to a political, economic, and humanitarian crisis that erupted in Kenya after incumbent President Mwai Kibaki was declared the winner of the presidential election held on December 27, 2007. Supporters of Kibaki's opponent, Raila Odinga of the Orange Democratic...
. This was the first time the Prosecutor had requested such an authorization; all other investigations have been triggered by either the corresponding government or by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
.
On 15 December 2010, the Prosecutor applied for summonses to appear for six alleged perpetrators: In the first case, William Ruto
William Ruto
William Kipchirchir Samoei arap Ruto is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture...
, Henry Kiprono Kosgey
Henry Kiprono Kosgey
Henry Kiprono Kosgey is a Kenyan politician and currently holds the following positions: Member of Parliament for Tinderet Constituency; Chairman of the Orange Democratic Movement in Kenya ; Suspended Minister for Industrialization .-Early life:Henry Kiprono Kosgey was born on 14 July 1947 to...
and Joshua Arap Sang are to stand trial for crimes against PNU
PNU
PNU can stand for:*Payame Noor University*Pacific National University*Pusan National University*Party of National Unity , a Kenyan political party*Penrith Nepean United, a NSW football club*Philippine Normal University...
supporters whereas, in the second case, Francis Muthaura
Francis Muthaura
Francis Kirimi Muthaura is a prominent Kenyan civil servant. Muthaura is a close ally of President Mwai Kibaki. He is the Head of Civil Service and Secretary to the Cabinet....
, Uhuru Muigai Kenyatta and Mohamed Hussein Ali
Mohamed Hussein Ali
Mohamed Hussein Ali is a Kenyan politician. He belongs to the Orange Democratic Movement and was elected to represent the Mandera East Constituency in the National Assembly of Kenya since the Kenyan parliamentary election, 2007.-References:...
are to stand trial for crimes against ODM
ODM
-Computing:* OpenDocument Master Document, an OpenOffice format* Object Data Manager, a DBMS for device configuration information in the AIX operating system* Oracle Data Mining, an optional extra for an Oracle database...
supporters. On 8 March 2011, the Pre-Trial Chamber issued summonses for all six alleged perpetrators to appear before the Court on 7 April and 8 April 2011 respectively.
Libya
As a consequence of the 2011 Libyan uprising and its brutal suppression, the UN Security Council voted on 26 February 2011 in Resolution 1970United Nations Security Council Resolution 1970
United Nations Security Council Resolution 1970 was a measure adopted unanimously by the UN Security Council on 26 February 2011. It condemned the use of lethal force by the regime of Muammar Gaddafi against protesters participating in the 2011 Libyan civil war, and imposed a series of...
unanimously to refer the situation in Libya to the ICC. Other than the referral of the situation in Darfur, Sudan, to the ICC in March 2005, this is only the second time that the Security Council has referred a situation to the ICC, and the first time that it has done so unanimously. China and the United States had abstained in 2005, but this time voted in favor of referral to the ICC.
On 3 March 2011, just five days after the referral of the situation, the Prosecutor opened an investigation. On 16 May 2011, the Prosecutor requested a Pre-Trial Chamber of the Court to issue warrants of arrest against Muammar Gaddafi
Muammar Gaddafi
Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
, his son Saif al-Islam, and the head of Libya's intelligence, Abdullah Senussi
Abdullah Senussi
Abdullah Senussi is a Libyan national who was the intelligence chief and brother-in-law of Colonel Muammar Gaddafi. He was married to Gaddafi's sister-in-law....
, for allegedly committed crimes against humanity. This request was granted on 27 June 2011, resulting in the second ICC warrant of arrest against an incumbent head of state, the other being Sudan's Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...
.
Côte d'Ivoire
On 19 May 2011, the Prosecutor informed the Presidency of the Court about his intention to request the authorization to open a formal investigation in the situation of Côte d'Ivoire (Ivory Coast) since 28 November 2010. A day later, the Presidency issued an order assigning the situation to Pre-Trial Chamber II which was on 22 June 2011 modified by establishing a Pre-Trial Chamber III and assigning the situation in Côte d'Ivoire to it. On 23 June 2011, the Prosecutor formally requested the authorization from a Pre-Trial Chamber to begin an investigation into crimes allegedly committed in Côte d'Ivoire.While Côte d'Ivoire is not a state party to the Rome Statute, it has repeatedly and by different administrations accepted the ICC's jurisdiction.
On 3 October 2011, Pre-Trial Chamber III authorized the investigation to be conducted by the Prosecutor.
Other complaints received
As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.On 10 February 2006, the Prosecutor published a letter responding to complaints he had received concerning the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.
In addition to the six situations where the Prosecutor has opened formal investigations, several other situations have been subjected to "preliminary examination", including Afghanistan, Colombia, Guinea, Georgia, Honduras, Nigeria, Palestine
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
, and the Republic of Korea.
National proceedings under complementarity
The Court is designed to complement existing national judicial systems: it can only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute. States Parties are expected to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court.Democratic Republic of the Congo
In February 2008, a Military TribunalMilitary tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
in Mbandaka
Mbandaka
Mbandaka, formerly known as Coquilhatville or Coquilhatstad , is a city on the Congo River in the Democratic Republic of Congo, lying near the confluence of the Congo and Ruki Rivers. The capital of the Equateur District, it is home to an airport and is linked by ferry to Kinshasa and Boende...
sentenced Botuli Itofo, a policeman, to twenty years imprisonment after his conviction under ICC implementing legislation for the crime against humanity of mass rape and other "serious human rights violations". Over fifty women and girls had expressed that they had been raped as a part of a "punitive operation" by police sent to the area to restore order in March 2006.
Germany
Under the German complementarity law, crimes against humanity as defined in the Rome Statute can be prosecuted by German courts even if they are outside the jurisdiction of the court because they occur in a country that has not ratified the statute. This is under the principle of universal jurisdictionUniversal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
.
In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister
Interior minister
An interior ministry is a government ministry typically responsible for policing, national security, and immigration matters. The ministry is often headed by a minister of the interior or minister of home affairs...
Zokirjon Almatov in connection with the Andijan massacre
Andijan massacre
The Andijan massacre occurred when Uzbek Interior Ministry and National Security Service troops fired into a crowd of protesters in Andijan, Uzbekistan on 13 May 2005. Estimates of those killed on 13 May range from between 187, the official count of the government, and 5,000 people, with most...
. Almatov was visiting Germany at the time for hospital treatment. The prosecutor declined to act, saying the chances of a successful prosecution was "non-existent" as the government of Uzbekistan would not cooperate in the gathering of evidence.
In May 2011, a trial against two alleged members of the FDLR began in Stuttgart
Stuttgart
Stuttgart is the capital of the state of Baden-Württemberg in southern Germany. The sixth-largest city in Germany, Stuttgart has a population of 600,038 while the metropolitan area has a population of 5.3 million ....
, Germany. Ignace Murwanashyaka
Ignace Murwanashyaka
Dr. Ignace Murwanashyaka is the current leader of the Democratic Forces for the Liberation of Rwanda, a Rwandan Hutu rebel group operating in the Democratic Republic of the Congo...
and Straton Musoni, both Rwandan citizens, are accused of 26 counts of crimes against humanity and 39 counts of war crimes, allegedly committed in the Democratic Republic of the Congo. This is the first trial in Germany under the Völkerstrafgesetzbuch
Völkerstrafgesetzbuch
The Völkerstrafgesetzbuch or VStGB is the German law that regulates the crimes against public international law. It was created to bring the German criminal law into accordance with the Rome Statute of the International Criminal Court. It was announced on 26 June 2002 and became law 30 June 2002...
in force since 2002.
United Kingdom
In 2007, CorporalCorporal
Corporal is a rank in use in some form by most militaries and by some police forces or other uniformed organizations. It is usually equivalent to NATO Rank Code OR-4....
Donald Payne became the first British person to be convicted of a war crime. He pleaded guilty under ICC implementing legislation for inhumane treatment of Baha Mousa
Baha Mousa
Baha Mousa was an Iraqi man who was kicked and beaten to death while in British Army custody in Basra, Iraq in September 2003. The inquiry into his death heard that Mousa was hooded for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment and that...
, an Iraqi detainee following the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
. He was sentenced to one year in jail and dismissed from the army. Three other soldiers were acquitted of war crimes in the same trial.