International Criminal Court investigation in the Democratic Republic of the Congo
Encyclopedia
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court
(ICC) into crimes committed in the Democratic Republic of the Congo
(DRC) during the Second Congo War
and its aftermath, including the Ituri
and Kivu conflicts
. The war started in 1998 and even though a peace agreement was made between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004 the Prosecutor of the ICC, Luis Moreno Ocampo
, formally opened an investigation. To date, warrants of arrest have been issued for Thomas Lubanga Dyilo, Germain Katanga
, Mathieu Ngudjolo Chui, Bosco Ntaganda
, and Callixte Mbarushimana
.
The Democratic Republic of Congo is a former colony of Belgium
. Following independence from Belgium in 1960, Mobuto Sese Seko took power in a military coup d'état
and installed himself as President. Under Mobuto's rule the country's name was changed to the Republic of Zaire
in 1971. By 1996, conflict from the Rwandan Civil War
and the Rwandan Genocide
spilled over into Zaire and Hutu
militias, including the Interahamwe
, were using refugee camps in the Kivu
region to attack Rwanda
. Consequently, the Rwandan and Uganda
n armed forces invaded Zaire to fight Hutu militias, and ultimately overthrow Mobuto, in what was to become the First Congo War
. The Rwandan and Ugandan forces were joined by Congolese politicians and militia leaders who were opposed to Mobuto's rule and these groups joined forces to become the Alliance of Democratic Forces for the Liberation of Congo
(AFDL), led by Laurent-Désiré Kabila
. In May 1997, Mobuto fled Zaire and Kabila named himself President and changed the name of the country back to the Democratic Republic of the Congo.
Following Kabila's victory, tensions soon rose between him and the various factions of the AFDL who came to oppose his rule. Rwandan forces retreated to Goma
on the Rwandan border and formed the Rally for Congolese Democracy
(RDC) and in response Ugandan forces instigated the formation of Movement for the Liberation of the Congo (MLC) under the command of Jean-Pierre Bemba
. These two groups started the Second Congo War by attacking the army of Kabila's government. Kabila was assassinated by his bodyguard in January 2001 and was succeeded as president by his son Joseph
, who negotiated peace talks to end the war. Even though one of the tenets of the peace accords was that rebel forces would be incorporated into the Congolese army, violence has continued to the present day, especially in the Kivu
and Ituri
regions.
s, crimes against humanity
, or genocide
. The Prosecutor has charged five people with committing crimes within the jurisdiction of the Court in the Democratic Republic of the Congo: Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, Bosco Ntaganda and Callixte Mbarushimana.
(UPC) and its military wing, the Patriotic Forces for the Liberation of the Congo (FPLC). He was charged on charged 10 February 2006 with three counts related to the military use of children
from July 2002 to December 2003 in the Ituri region of the DRC. Counts one and two are alleged to have taken place at training camps in Bule, Centrale, Mandro, Rwampara, Bogoro, Sota, and Irumu. According to the warrant of arrest for Lubanga Dyilo, count three took place during "hostilities in Libi and Mbau in October 2002, in Largu at the beginning of 2003, in Lipri and Bogoro in February and March 2003, in Bunia in May 2003 and in Djugu and Mongwalu in June 2003." The counts are as follows:
word for "lion"), was allegedly the commander of the Front for Patriotic Resistance in Ituri (FRPI). Mathieu Ngudjolo Chui was allegedly the leader of the Nationalist and Integrationist Front
(FNI). The two men are jointly charged with nine counts of crimes against humanity and war crimes allegedly committed from January 2003 to at least March 2003 in the Ituri region of the DRC against members of the Hema people
; Katanga was indicted on 2 July 2007 and Ngudjolo Chui on 6 July 2007. Specifically, the two are accused of launching a coordinated attack against the civilian population of the village of Bogoro in or around 24 February 2003. According to the warrants of arrest issued for Katanga and Ngudjolo Chui, the attack included such acts as "the murder of about 200 civilians", the "imprisoning [of] civilians in a room filled with corpses", and "the sexual enslavement of several women and girls". The counts are as follows:
(UPC). He is charged with three counts of war crimes:
(FDLR). He is charged with 11 criminal counts:
The prosecution of the five suspects are separated into four cases; Germain Katanga and Mathieu Ngudjolo Chui are being tried together and the other three suspects are being tried individually. The case against Lubanga Dyilo is in the most advanced phase with the judges of Trial Chamber I currently deliberating the verdict. Bosco Ntaganda is the only suspect who is not in custody and remains at large as a fugitive.
when the warrant was issued in connection with the killing of nine Bangladesh
i peacekeepers from the United Nations Mission in the Democratic Republic of Congo. Congolese authorities surrendered Lubanga Dyilo to the ICC on 17 March 2006, he was transferred to the ICC detention centre in The Hague
, and he made his initial appearance before the Court on 20 March 2006. His confirmation of charges hearing took place from 9 to 28 November 2006 and Pre-Trial Chamber I confirmed the charges on 29 January 2007.
Before the trial against Lubanga Dyilo started, the Pre-Trial Chamber halted proceedings and ordered Lubanga Dyilo to be released on grounds that the prosecutor had failed to disclose evidence to the defence. In a subsequent ruling the chamber reversed its previous decision and allowed the trial to begin. Additionally, the senior trial lawyer, prosecutor Ekkehard Withopf, was removed from the case only a month before the trial started. Lubanga Dyilo's trial began on 26 January 2009 but on 8 July 2010 the Trial Chamber once again stayed the proceedings because of the conduct of the Prosecutor and ordered that he be released. Following a successful appeal by the Prosecutor the order to release Lubanga Dyilo was reversed and the trial resumed. Closing arguments of the participants concluded on 26 August 2011. The judges of Pre-Trial Chamber I are currently deliberating.
authorities in Paris
on 11 October 2010. He has since been transferred to the Court and is awaiting the judgement in the confirmation of charges hearing which ended on 21 September 2011.
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...
(ICC) into crimes committed in the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
(DRC) during the Second Congo War
Second Congo War
The Second Congo War, also known as Coltan War and the Great War of Africa, began in August 1998 in the Democratic Republic of the Congo , and officially ended in July 2003 when the Transitional Government of the Democratic Republic of the Congo took power; however, hostilities continue to this...
and its aftermath, including the Ituri
Ituri 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...
and Kivu conflicts
Kivu conflict
The Kivu conflict is an armed conflict between the military of the Democratic Republic of the Congo and the Hutu Power group Democratic Forces for the Liberation of Rwanda . The United Nations Mission in the Democratic Republic of Congo also became involved in the conflict...
. The war started in 1998 and even though a peace agreement was made between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004 the Prosecutor of the ICC, Luis Moreno Ocampo
Luis Moreno Ocampo
José Luis Moreno OcampoMoreno Ocampo's surnames are often hyphenated in English-language media to distinguish Moreno as a surname, rather than a given name. is an Argentine lawyer who has been the Prosecutor of the International Criminal Court since June 16, 2003...
, formally opened an investigation. To date, warrants of arrest have been issued for Thomas Lubanga Dyilo, 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...
, Mathieu Ngudjolo Chui, Bosco Ntaganda
Bosco Ntaganda
Bosco Ntaganda is the military chief of staff of the National Congress for the Defense of the People , an armed militia group operating in the North Kivu province of the Democratic Republic of the Congo...
, and Callixte Mbarushimana
Callixte 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...
.
Background
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
. Following independence from Belgium in 1960, Mobuto Sese Seko took power in a military coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
and installed himself as President. Under Mobuto's rule the country's name was changed to the Republic of Zaire
Zaire
The Republic of Zaire was the name of the present Democratic Republic of the Congo between 27 October 1971 and 17 May 1997. The name of Zaire derives from the , itself an adaptation of the Kongo word nzere or nzadi, or "the river that swallows all rivers".-Self-proclaimed Father of the Nation:In...
in 1971. By 1996, conflict from the Rwandan Civil War
Rwandan Civil War
The Rwandan Civil War was a conflict within the Central African nation of Rwanda between the government of President Juvénal Habyarimana and the rebel Rwandan Patriotic Front...
and the Rwandan Genocide
Rwandan Genocide
The Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
spilled over into Zaire and Hutu
Hutu
The Hutu , or Abahutu, are a Central African people, living mainly in Rwanda, Burundi, and eastern DR Congo.-Population statistics:The Hutu are the largest of the three peoples in Burundi and Rwanda; according to the United States Central Intelligence Agency, 84% of Rwandans and 85% of Burundians...
militias, including the Interahamwe
Interahamwe
The Interahamwe is a Hutu paramilitary organization. The militia enjoyed the backing of the Hutu-led government leading up to, during, and after the Rwandan Genocide. Since the genocide, they have been forced out of Rwanda, and have sought asylum in Congo...
, were using refugee camps in the Kivu
Kivu
Kivu was the name for a large "Region" in the Democratic Republic of Congo under the rule of Mobutu Sese Seko that bordered Lake Kivu. It included three "Sub-Regions" : Nord-Kivu, Sud-Kivu and Maniema, corresponding to the three current provinces created in 1986...
region to attack Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
. Consequently, the Rwandan and Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
n armed forces invaded Zaire to fight Hutu militias, and ultimately overthrow Mobuto, in what was to become the First Congo War
First Congo War
The First Congo War was a revolution in Zaire that replaced President Mobutu Sésé Seko, a decades-long dictator, with rebel leader Laurent-Désiré Kabila. Destabilization in eastern Zaire that resulted from the Rwandan genocide was the final factor that caused numerous internal and external actors...
. The Rwandan and Ugandan forces were joined by Congolese politicians and militia leaders who were opposed to Mobuto's rule and these groups joined forces to become the Alliance of Democratic Forces for the Liberation of Congo
Alliance of Democratic Forces for the Liberation of Congo
The Alliance of Democratic Forces for the Liberation of Congo-Zaire was a coalition of Congolese dissidents, disgruntled minority groups and nations that toppled President Mobutu Sese Seko and brought Laurent Kabila to power in the First Congo War...
(AFDL), led by Laurent-Désiré Kabila
Laurent-Désiré Kabila
Laurent-Désiré Kabila was President of the Democratic Republic of the Congo from May 17, 1997, when he overthrew Mobutu Sese Seko, until his assassination by his bodyguards on January 18, 2001...
. In May 1997, Mobuto fled Zaire and Kabila named himself President and changed the name of the country back to the Democratic Republic of the Congo.
Following Kabila's victory, tensions soon rose between him and the various factions of the AFDL who came to oppose his rule. Rwandan forces retreated to Goma
Goma
Goma is a city in the eastern Democratic Republic of the Congo, on the northern shore of Lake Kivu, next to the Rwandan city of Gisenyi. The lake and the two cities are in the western branch of the Great Rift Valley, and Goma lies only 13 to 18 km due south of the crater of the active...
on the Rwandan border and formed the Rally for Congolese Democracy
Rally for Congolese Democracy
The Congolese Rally for Democracy, sometimes Rally for Congolese Democracy, was a rebel group operating in the eastern region of the Democratic Republic of the Congo . Assisted by the government of Rwanda, it was a major factor in the Second Congo War . It became a political party in 2003...
(RDC) and in response Ugandan forces instigated the formation of Movement for the Liberation of the Congo (MLC) under the command of 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...
. These two groups started the Second Congo War by attacking the army of Kabila's government. Kabila was assassinated by his bodyguard in January 2001 and was succeeded as president by his son Joseph
Joseph Kabila
Joseph Kabila Kabange is a Congolese politician who has been President of the Democratic Republic of the Congo since January 2001. He took office ten days after the assassination of his father, President Laurent-Désiré Kabila...
, who negotiated peace talks to end the war. Even though one of the tenets of the peace accords was that rebel forces would be incorporated into the Congolese army, violence has continued to the present day, especially in the Kivu
Kivu conflict
The Kivu conflict is an armed conflict between the military of the Democratic Republic of the Congo and the Hutu Power group Democratic Forces for the Liberation of Rwanda . The United Nations Mission in the Democratic Republic of Congo also became involved in the conflict...
and Ituri
Ituri 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...
regions.
Referral
In July 2003, ICC Prosecutor Luis Moreno Ocampo announced that he had received communications from individuals and non-governmental organisation regarding the situation in the Congo and that his office would closely follow developments there. In September of that year Moreno Ocampo informed the Assembly of State Parties (the governing body of the ICC) that he was prepared to apply to one of the ICC's Pre-Trial Chambers for authorisation to begin a formal investigation but that he believed a referral from the Congolese government would expedite the investigation. In April 2004 Joseph Kabila formally referred the situation in the DRC to the ICC prosecutor and Moreno Ocampo formally opened the investigation that June. The DRC investigation was the first ever formal investigation conducted by the International Criminal Court.Charges
The ICC has jurisdiction to prosecute individuals who are accused of committing crimes defined under the Rome Statute (the treaty that established the Court) as either war crimeWar crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
, or genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
. The Prosecutor has charged five people with committing crimes within the jurisdiction of the Court in the Democratic Republic of the Congo: Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, Bosco Ntaganda and Callixte Mbarushimana.
Thomas Lubanga Dyilo
Thomas Lubanga Dyilo was the alleged founder and leader of the Union of Congolese PatriotsUnion 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...
(UPC) and its military wing, the Patriotic Forces for the Liberation of the Congo (FPLC). He was charged on charged 10 February 2006 with three counts related to the military use of children
Military use of children
The military use of children takes three distinct forms: children can take direct part in hostilities , or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in...
from July 2002 to December 2003 in the Ituri region of the DRC. Counts one and two are alleged to have taken place at training camps in Bule, Centrale, Mandro, Rwampara, Bogoro, Sota, and Irumu. According to the warrant of arrest for Lubanga Dyilo, count three took place during "hostilities in Libi and Mbau in October 2002, in Largu at the beginning of 2003, in Lipri and Bogoro in February and March 2003, in Bunia in May 2003 and in Djugu and Mongwalu in June 2003." The counts are as follows:
- Enlisting children, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
- Conscription of children, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
- Using children to participate in hostilities, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute.
Germain Katanga and Mathieu Ngudjolo Chui
Germain Katanga, also known simply as "Simba" (the SwahiliSwahili language
Swahili or Kiswahili is a Bantu language spoken by various ethnic groups that inhabit several large stretches of the Mozambique Channel coastline from northern Kenya to northern Mozambique, including the Comoro Islands. It is also spoken by ethnic minority groups in Somalia...
word for "lion"), was allegedly the commander of the Front for Patriotic Resistance in Ituri (FRPI). Mathieu Ngudjolo Chui was allegedly the leader of the Nationalist and 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...
(FNI). The two men are jointly charged with nine counts of crimes against humanity and war crimes allegedly committed from January 2003 to at least March 2003 in the Ituri region of the DRC against members of the Hema people
Hema people
The Hema, or Hima, are an ethnic group with about 160,000 members located in the eastern Democratic Republic of the Congo, in particular the Ituri region and Orientale province, as well as parts of Uganda and Rwanda...
; Katanga was indicted on 2 July 2007 and Ngudjolo Chui on 6 July 2007. Specifically, the two are accused of launching a coordinated attack against the civilian population of the village of Bogoro in or around 24 February 2003. According to the warrants of arrest issued for Katanga and Ngudjolo Chui, the attack included such acts as "the murder of about 200 civilians", the "imprisoning [of] civilians in a room filled with corpses", and "the sexual enslavement of several women and girls". The counts are as follows:
- Murder, constituting a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
- Wilful killings, constituting a war crime in violation of article 8(2)(a)(i) of the Rome Statute;
- Inhumane acts, constituting a crime against humanity in violation of article 7(1)(k) of the Rome Statute;
- Inhumane or cruel treatment, constituting a war crime in violation of article 8(2)(a)(ii) or (c)(i) of the Rome Statute;
- Using children to participate in hostilities, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
- Sexual slavery, constituting a crime against humanity in violation of article article 7(1)(g) of the Rome Statute;
- Sexual slavery, constituting a war crime in violation of article 8(2)(b)(xxii) or (e)(vi) of the Rome Statute;
- Attack against a civilian population, constituting a war crime in violation of article 8(2)(b)(i) or (e)(i) of the Rome Statute;
- Pillaging, constituting a war crime in violation of article 8(2)(b)(xvi) or (e)(v) of the Rome Statute.
Bosco Ntaganda
Bosco Ntaganda is allegedly the former Deputy Chief of the General Staff of the Patriotic Forces for the Liberation of the Congo (FPLC), the military wing of the Union of Congolese PatriotsUnion 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...
(UPC). He is charged with three counts of war crimes:
- Enlisting children, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
- Conscription of children, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute;
- Using children to participate in hostilities, constituting a war crime in violation of article 8(2)(b)(xxvi) of the Rome Statute.
Callixte Mbarushimana
Callixte Mbarushimana was allegedly the Executive Secretary of the Democratic Forces for the Liberation of RwandaDemocratic Forces for the Liberation of Rwanda
The Democratic Forces for the Liberation of Rwanda is the primary remnant Rwandan Hutu Power rebel group in the east of the of the Democratic Republic of the Congo. It is often referred to as simply the FDLR after its original French name: the Forces démocratiques de libération du Rwanda...
(FDLR). He is charged with 11 criminal counts:
- Attack against a civilian population, constituting a war crime in violation of article 8(2)(b)(i) or (e)(i) of the Rome Statute;
- Destruction of property, constituting a war crime in violation of article 8(2)(a)(iv) or (e)(xii) of the Rome Statute;
- Murder, constituting a war crime in violation of article 8(2)(a)(i) or (c)(i) of the Rome Statute;
- Murder, constituting a crime against humanity in violation of article 7(1)(a) of the Rome Statute;
- Torture, constituting a war crime in violation of article 8(2)(a)(ii) or (c)(i) of the Rome Statute;
- Torture, constituting a crime against humanity in violation of article 7(1)(f) of the Rome Statute;
- Rape, constituting a war crime in violation of article 8(2)(b)(xxii) or (e)(vi) of the Rome Statute;
- Rape, constituting a crime against humanity in violation of article 7(1)(g) of the Rome Statute;
- Inhumane acts, constituting a crime against humanity in violation of article 7(1)(k) of the Rome Statute;
- Inhuman treatment, constituting a war crime in violation of article 8(2)(a)(ii) of the Rome Statute;
- Persecution, constituting a crime against humanity in violation of article 7(1)(h) of the Rome Statute.
Court proceedings
The Prosecutor v. Thomas Lubanga Dyilo
The Prosecutor applied for a warrant for Lubanga Dyilo's arrest on 12 January 2006 and the warrant was issued under seal on 10 February 2006. Lubanga Dyilo was already in a prison in KinshasaKinshasa
Kinshasa is the capital and largest city of the Democratic Republic of the Congo. The city is located on the Congo River....
when the warrant was issued in connection with the killing of nine Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
i peacekeepers from the United Nations Mission in the Democratic Republic of Congo. Congolese authorities surrendered Lubanga Dyilo to the ICC on 17 March 2006, he was transferred to the ICC detention centre in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, and he made his initial appearance before the Court on 20 March 2006. His confirmation of charges hearing took place from 9 to 28 November 2006 and Pre-Trial Chamber I confirmed the charges on 29 January 2007.
Before the trial against Lubanga Dyilo started, the Pre-Trial Chamber halted proceedings and ordered Lubanga Dyilo to be released on grounds that the prosecutor had failed to disclose evidence to the defence. In a subsequent ruling the chamber reversed its previous decision and allowed the trial to begin. Additionally, the senior trial lawyer, prosecutor Ekkehard Withopf, was removed from the case only a month before the trial started. Lubanga Dyilo's trial began on 26 January 2009 but on 8 July 2010 the Trial Chamber once again stayed the proceedings because of the conduct of the Prosecutor and ordered that he be released. Following a successful appeal by the Prosecutor the order to release Lubanga Dyilo was reversed and the trial resumed. Closing arguments of the participants concluded on 26 August 2011. The judges of Pre-Trial Chamber I are currently deliberating.
The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui
The Prosecutor applied for warrants for the arrest of Katanga and Ngudjolo on 25 June 2007 and the warrants were issued by Pre-Trial Chamber I on 2 July and 6 July, both under seal. Katanga was arrested in the DRC and was surrendered to the Court on 17 October 2007. Ngudjolo was arrested on 6 February 2008 and surrendered to the court the following day. Katanga had his initial hearing at the court on 22 October 2007 while Ngudjolo first appeared on 11 February 2008. The confirmation of charges hearing took place from 27 June to 18 July 2008 and the charges were confirmed by Pre-Trial Chamber I on 26 September 2008. The trial of the men began on 24 November 2009 and is ongoing.The Prosecutor v. Bosco Ntaganda
The Prosecutor applied for a warrant for Ntaganda's arrest on 12 January 2006. The warrant was issued on 22 August 2006 under seal and subsequently unsealed on 28 April 2008. Ntaganga is currently at large as a fugitive. Since being indicted, Ntaganda has become a general in the Congolese armed forces and (despite the fact that there is an international warrant for his arrest) still lives openly in the Kivu region of the eastern DRC.The Prosecutor v. Callixte Mbarushimana
The Prosecutor applied for a warrant for Callixte Mbarushimana's arrest on 20 August 2010 and it was issued under seal on 28 September 2010. Mbarushiman was arrested by FrenchFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
authorities in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
on 11 October 2010. He has since been transferred to the Court and is awaiting the judgement in the confirmation of charges hearing which ended on 21 September 2011.