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The Court Today ICC-PIDS-TCT-01-123/21 Eng The Court Today ICC-PIDS-TCT-01-123/21_Eng Updated: 10 September 2021 ABOUT THE COURT INVESTIGATIONS AND CASES Established: By an international treaty (the Rome Statute), which 14 investigations: The Office of the Prosecutor is investigating entered into force on 1 July 2002. situations in Uganda, the DRC, CAR, CAR II, Darfur (Sudan), Kenya, Libya, Côte d’Ivoire, Mali, Georgia, Burundi, Bangladesh/Myanmar, States Parties: 123 countries are parties to the Rome Statute (effective Afghanistan and Palestine. as of 26 November 2019). Of these, 33 are from Africa, 19 from the Asia Pacific, 18 from Eastern Europe, 28 from Latin America and the 8 preliminary examinations: The Office of the Prosecutor monitors Caribbean, as well as 25 from Western Europe and North America. the situations of Bolivia, Colombia, Guinea, Nigeria, the Philippines, Ukraine and Venezuela (I and II). 4 crimes within the Court’s jurisdiction: The most serious crimes of concern to the international community, namely genocide, crimes 36 arrest warrants: 20 warrants have been implemented and 3 against humanity and war crimes committed after 1 July 2002, as warrants were withdrawn following the death of the suspects. well as the crime of aggression (as of 17 July 2018). 30 cases have been brought before the Court. 18 judges: Elected for 9 years by the Assembly of States Parties, and assigned into Pre-Trial, Trial and Appeals Chambers. 9 summonses to appear: All 9 appeared voluntarily before the Court; they are not in custody. President: Judge Piotr Hofmański 7 persons in custody: Prosecutor: Mr Karim A.A. Khan QC CAR II: Mahamat Said Abdel Kani, Alfred Yekatom and Patrice- Registrar: Mr Peter Lewis Edouard Ngaïssona 900 staff members: From approximately 100 States. DRC: Bosco Ntaganda 6 official languages: English, French, Arabic, Chinese, Russian and Spanish. Mali: Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud 2 working languages: English and French. Uganda: Dominic Ongwen Headquarters: The Hague, The Netherlands. Darfur (Sudan): Ali Muhammad Ali Abd–Al-Rahman External Representations: ICC Liaison Office to the United Nations in At large: 12 suspects New York and 7 Country Offices: Kinshasa and Bunia (Democratic Republic of the Congo, “DRC”); Kampala (Uganda); Bangui (Central The ICC relies on the cooperation of states and international African Republic, “CAR”); Abidjan (Côte d’Ivoire); Tbilisi (Georgia); organisations in the implementation of its arrest warrants. and Bamako (Mali). Programme budget for 2021: €148,259,000 CASE UPDATES SITUATION IN UGANDA 5 warrants of arrest (2 withdrawn) • 1 accused in custody • 2 suspects at large • 2 cases The situation was referred to the ICC by the Ugandan government in December 2003. The Prosecutor opened an investigation in July 2004. THE PROSECUTOR V. JOSEPH KONY AND VINCENT OTTI (PRE-TRIAL STAGE) As top members of the Lord’s Resistance Army (LRA), Joseph Kony and Vincent Otti are suspected of crimes against humanity and war crimes allegedly committed in Uganda since July 2002. The suspects are not in ICC custody. The case also involved Raska Lukwiya and Okot Odhiambo but proceedings were terminated due to their passing. THE PROSECUTOR V. DOMINIC ONGWEN (APPEALS STAGE) On 4 February 2021, Dominic Ongwen, former Brigade Commander of the LRA’s Sinia Brigade, was found guilty of 61 crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Trial Chamber IX sentenced him to 25 years of imprisonment. The period of his detention between 4 January 2015 and 6 May 2021 will be deducted from the total time of imprisonment imposed. The Defense has appealed the verdict and the sentence may also be subject to appeal. Furthermore, a phase dedicated to the reparations to victims will be opened. Mr Ongwen is in the Court’s custody. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO (DRC) 7 warrants of arrest • 1 accused in custody • 1 suspect at large • 6 cases The situation was referred to the ICC by the DRC government in April 2004. The Prosecutor opened an investigation in June 2004. THE PROSECUTOR V. THOMAS LUBANGA DYILO (REPARATIONS STAGE) Thomas Lubanga Dyilo was found guilty on 14 March 2012, as co-perpetrator, of committing the war crimes of the enlistment and conscription of children under the age of 15 into the Force patriotiques pour la libération du Congo and using them to participate actively in hostilities between September 2002 and August 2003. On Please note: This information sheet is updated on a regular basis. For the latest update, please refer to the ICC website at www.icc-cpi.int. 10 July 2012, he was sentenced to 14 years of imprisonment. The time spent in ICC custody was deducted. On 1 December 2014, the Appeals Chamber confirmed the verdict and sentence. On 7 August 2012, Trial Chamber I issued a decision on the principles and the process for reparations to victims. On 3 March 2015, the Appeals Chamber amended the Trial Chamber’s order for reparations and instructed the Trust Fund for Victims (TFV) to present a draft implementation plan for collective reparations to a newly constituted Chamber. The TFV presented the plan on 3 November 2015. On 9 February 2016, Trial Chamber II ordered the TFV to add information to the plan. On 21 October 2016, Trial Chamber II approved and ordered to start the implementation of a TFV plan for symbolic collective reparations. On 15 December 2017, Trial Chamber II set the amount of Mr Lubanga's liability for collective reparations at USD 10,000,000. This decision was confirmed in appeals on 18 July 2019. On 4 March 2021, Trial Chamber II issued a public redacted version of its decision of 14 December 2020, approving the implementation of collective service-based reparations to victims. On 19 December 2015, Mr Lubanga was transferred to a DRC prison to serve his sentence, which he completed on 15 March 2020. THE PROSECUTOR V. GERMAIN KATANGA (REPARATIONS STAGE) On 7 March 2014, Germain Katanga was found guilty as an accessory of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during an attack on the village of Bogoro, in Ituri (DRC). He was acquitted of the other charges. On 23 May 2014, Mr Katanga was sentenced to 12 years’ imprisonment. The time spent in ICC detention was deducted. On 25 June 2014, the Defence and the Prosecution discontinued their appeals against the judgment. On 13 November 2015, three Appeals Chamber judges reviewed Mr Katanga's sentence and reduced it. On 19 December 2015, Mr Katanga was transferred to a DRC prison to serve his sentence, which he completed on 18 January 2016. On 24 March 2017, Trial Chamber II awarded individual and collective reparations to the victims. Because of Mr Katanga's indigence, the TFV was invited to consider using its resources for the reparations and to present an implementation plan. On 8 March 2018, the Appeals Chamber confirmed, for the most part, the Reparations Order. THE PROSECUTOR V. MATHIEU NGUDJOLO CHUI (ACQUITTAL FINAL) Mathieu Ngudjolo Chui was acquitted, on 18 December 2012, of three counts of crimes against humanity and seven counts of war crimes allegedly committed on 24 February 2003 during an attack on the village of Bogoro, in Ituri (DRC). On 21 December 2012, he was released from custody. On 27 February 2015, the Appeals Chamber confirmed the acquittal. THE PROSECUTOR V. BOSCO NTAGANDA (REPARATIONS STAGE) On 8 July 2019, ICC Trial Chamber VI found Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes against humanity, committed in Ituri, DRC, in 2002-2003. On 7 November 2019, Bosco Ntaganda was sentenced to 30 years of imprisonment. On 30 March 2021, the Appeals Chamber confirmed the conviction and the sentence. Mr Ntaganda remains in the ICC detention center until the ICC Presidency determines in which country he will serve his sentence. On 8 March 2021, Trial Chamber VI delivered its Order on Reparations to victims, to be made through the Trust Fund for Victims. THE PROSECUTOR V. CALLIXTE MBARUSHIMANA (CHARGES DECLINED) Callixte Mbarushimana, alleged Executive Secretary of the Forces Démocratiques pour la Libération du Rwanda - Forces Combattantes Abacunguzi was charged with crimes against humanity and war crimes allegedly committed in the Kivus in 2009. On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges against him. On 23 December 2011, he was released from custody. On 30 May 2012, the decision was confirmed in appeals. THE PROSECUTOR V. SYLVESTRE MUDACUMURA (PRE-TRIAL STAGE) Sylvestre Mudacumura, alleged Supreme Commander of the FDLR-FCA), is charged with nine counts of war crimes allegedly committed from 20 January 2009 to the end of September 2010 in the Kivus. The suspect is not in ICC custody. SITUATION IN DARFUR, SUDAN 7 warrants of arrest delivered • 3 summonses to appear • 1 suspect in custody • 4 suspects at large • 6 cases The situation was referred to the ICC by the United Nations (UN) Security Council’s resolution 1593 of 31 March 2005. The Prosecutor opened an investigation in June 2005. THE PROSECUTOR V. ALI MUHAMMAD ALI ABD-AL-RAHMAN (TRIAL STAGE) The first warrant of arrest delivered on 27 April 2007 and the second warrant published on 11 June 2020 against Ali Muhammad Ali Abd-Al-Rahman list 53 counts of war crimes and crimes against humanity allegedly committed in Darfur (Sudan). Mr Abd-Al-Rahman was transferred to the ICC’s custody on 9 June 2020, after his voluntary surrender in the Central African Republic. His initial appearance before the ICC took place on 15 June 2020.
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