ICC-PIDS-WU-230/15_Eng 2 to 6 February 2015 ICC Weekly Update #230 ICC Pre-TrialChamberIIseparatesDominicOngwencasefromKonyetal. Kony etal.Case Issued byPre-Trial ChamberIIon6February2015 Decision Severing theCaseAgainstDominicOngwen Decisions andorders case. Ongwen the in participation victims' of issue the address decision, separate a in and course due in will, Chamber The This decision does not in any way affect the rights of the victims accepted to participate in the case of the Kony et al. case. and OkotOdhiamboremainatlarge,almosttenyearsaftertheissuance ofthewarrantsarrest. OttiVincent Kony, Joseph absentia. in suspects three other the against proceed to not decided Chamber the Prosecutor, necessary to separate the case so it as deemed not to Chamber delay the the pre-trial yet, proceedings against apprehended Mr Ongwen. been After not having consulted have the or appeared not have case the in suspects other three the As Otti, OkotOdhiamboandDominicOngwen. of case the from Ongwen Dominic against proceedings the severed (ICC), Court On 6 February 2015, Single Judge Ekaterina Trendafilova, on behalf of Pre-Trial Chamber II of the International Criminal Kony etal.case.Thethreeremainingsuspectsarestillatlarge. for 24 August 2015. On 6 February 2015, Pre-Trial Chamber II severed the proceedings against Dominic set Ongwen from provisionally the is Ongwen Dominic of respect in hearing charges of confirmation the of opening The 2015. January 26 ICC the to transferred and custody ICC's Detention Centre on 21 the January 2015. His initial appearance before the single Judge to of Pre-Trial Chamber II took place on surrendered was Ongwen Dominic 2015, January 16 On terminated. been have him against proceedings the Lukwiya, Mr of death the of confirmation the Following (LRA). Army Resistance Lords the of members top five against issued been have arrest of warrants Five II. Chamber Pre-Trial before heard being cases The Situation inUganda Maanweg 174, 2516ABThe Hague, TheNetherlands –Maanweg 174,2516 ABLa Haye, Pays-Bas Telephone – Téléphone +31(0)70 515 8515 /Facsimile – Télécopie +31(0)70 515 8555 Dominic Ongwenathisfirstappearancehearingon26January2015 attheInternationalCriminalCourtin The Prosecutor v. , Vincent Otti, Okot Otti, Vincent Kony, Joseph v. Prosecutor The The Hague©ICC-CPI are currently are Ongwen Dominic v. Prosecutor The and The Prosecutor v. Joseph Kony, Vincent Kony, Joseph v. Prosecutor The www.icc-cpi.int

1 Judicial Update

Situation in the Democratic Republic of the Congo The Democratic Republic of the Congo (DRC) ratified the Rome Statute on 11 April 2002. On 3 March 2004, the Government of the DRC referred the situation in its territory to the Court. After a preliminary analysis, the Prosecutor initiated an investigation on 21 June 2004. In this situation, six cases have been brought before the relevant Chambers: The Prosecutor v. ; The Prosecutor v. ; The Prosecutor v. ; The Prosecutor v. ; The Prosecutor v. ; and The Prosecutor v. . Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the ICC's custody. Sylvestre Mudacumura remains at large. The trial in the case The Prosecutor v. Thomas Lubanga Dyilo started on 26 January 2009. On 14 March 2012, Trial Chamber I convicted Mr Lubanga Dyilo and he was sentenced on 10 July 2012 to a total period of 14 years of imprisonment. On 1 December 2014, the Appeals Chamber confirmed, by majority, the verdict declaring Mr Lubanga guilty and the decision sentencing him to 14 years of imprisonment. On 7 August 2012, Trial Chamber I issued a decision on the principles and the process to be implemented for reparations to victims in the case, which is currently subject to appeal. The trial in the case against Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009 and closing statements were heard from 15 to 23 May 2012. On 21 November 2012, Trial Chamber II decided to sever the charges against Mathieu Ngudjolo Chui and Germain Katanga. On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and and ordered his immediate release. On 21 December 2012, Mr Ngudjolo Chui was released from custody. The Office of the Prosecutor has appealed the verdict. The Judgment on the appeal against the acquittal is scheduled for 24 February 2015. On 7 March 2014, Trial Chamber II convicted German Katanga, as an accessory, of one count of crime against humanity and four counts of war crimes committed during the attack on the village of Bogoro, Ituri, on 24 February 2003. The Prosecutor and the Defence had appealed the judgment, but discontinued the appeals on 25 June 2014. The judgment is now final. On 23 May 2014, Trial Chamber II, ruling in the majority, sentenced Germain Katanga to a total of 12 years’ imprisonment. The time spent in detention at the ICC – between 18 September 2007 and 23 May 2014 – will be deducted from the sentence. Decisions on possible reparations to victims will be rendered later. On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges in the caseThe Prosecutor v. Callixte Mbarushimana. Mr Mbarushimana was released on 23 December 2011. On 22 March 2013, Bosco Ntaganda surrendered himself to the Court voluntarily and is now in the ICC’s custody. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed charges consisting in 13 counts of war crimes and 5 counts of crimes against humanity against Bosco Ntaganda and committed him for trial before a Trial Chamber. The trial in the Ntaganda case is scheduled to open on 2 June 2015 before Trial Chamber VI.

Ngudjolo Chui Case

Appeals judgment on the acquittal to be delivered on 24 February 2015

The Appeals Chamber of the International Criminal Court (ICC) will deliver its Judgment on the appeal against the acquittal in the case of The Prosecutor v. Mathieu Ngudjolo Chui in open court on Tuesday, 24 February 2015 at 10:00 (The Hague local time). On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and crimes against humanity and ordered his immediate release. The Office of the Prosecutor subsequently appealed the verdict.

For further information on the case, click here.

Decisions and orders

Order on the filing of public redacted versions of submissions by the Prosecutor Issued by the Appeals Chamber on 6 February 2015

Order on the reclassification and the filing of public redacted versions of documents founding the Prosecutor's third ground of appeal Issued by the Appeals Chamber on 4 February 2015

Scheduling Order for dellivery of the judgement on the appeal of the Prosecutor against the decision of Trial Chamber II entitled "Judgement pursurant to article 74 of the Statute" Issued by the Appeals Chamber on 4 February 2015

Katanga Case Order extending the deadline for interested States and other interested persons to apply for leave to file submissions pursuant to Article 75 of the Statute Issued by Trial Chamber II on 2 February 2015

Ntaganda Case Decision on victims'participation in trial proceedings Issued by Trial Chamber VI on 6 February 2015

2 Judicial Update

Situation in Kenya On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation proprio motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011 in two separate cases, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took place from 1 to 9 September 2011, and 21 September to 5 October 2011, respectively. On 23 January 2012, the judges confirmed the charges only against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn. The trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang started on 10 September 2013. On 19 September 2014, Trial Chamber V(b) vacated the trial commencement date in the case The Prosecutor v. Uhuru Muigai Kenyatta, provisionally scheduled for 7 October 2014. On 3 December 2014, the Chamber rejected the Prosecution’s request for further adjournment and directed the Prosecution to indicate either its withdrawal of charges or readiness to proceed to trial. Subsequently, on 5 December 2014, the Prosecutor filed a notice to withdraw charges against Mr. Kenyatta. On 2 October 2013, Pre-Trial Chamber II unsealed an arrest warrant in the case The Prosecutor v. Walter Osapiri Barasa, initially issued on 2 August 2013, for several offences against the administration of justice, consisting of corruptly influence or attempting to corruptly influence ICC witnesses. Mr Barasa is not in the Court's custody.

Ruto and Sang Case

Decisions and orders

Decision on the Ruto Defence Request for Materials Related to Witness 743 to be Accepted into Evidence and Assigned Evidence (EVD) Numbers Issued by Trial Chamber V(a) on 6 February 2015

Decision on the Prosecution's Application for Admission of Documentary Evidence Related to the Testimony of Witness 13 Issued by Trial Chamber V(a) on 4 February 2015

Situation in Libya On 26 February 2011, the United Nations Security Council decided unanimously to refer the situation in Libya since 15 February 2011 to the ICC Prosecutor. On 3 March 2011, the ICC Prosecutor decided to open an investigation in the situation in Libya, which was assigned by the Presidency to Pre-Trial Chamber I. On 27 June 2011, Pre-Trial Chamber I issued three warrants of arrest respectively for Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity (murder and persecution) allegedly committed across Libya from 15 until at least 28 February 2011, through the State apparatus and Security Forces. On 22 November 2011, Pre-Trial Chamber I formally terminated the case against due to his death. The remaining suspects are not in the ICC's custody. On 31 May 2013, Pre-Trial Chamber I rejected Libya’s challenge to the admissibility of the case against Saif Al-Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. On 21 May 2014, the ICC Appeals Chamber confirmed the decision of Pre-Trial Chamber I declaring admissible the case against Saif Al-Islam Gaddafi. On 11 October 2013, Pre-Trial Chamber I decided that the case against Abdullah Al-Senussi is inadmissible before the ICC as it was currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to carry out such investigation. On 24 July 2014, the Appeals Chamber unanimously confirmed Pre-Trial Chamber I's decision, declaring the case against Abdullah Al-Senussi inadmissible before the ICC and proceedings against Abdullah Al-Senussi before the ICC came to an end.

Saif Al-Islam Case

Decisions and orders

Decision on the "Request for Disclosure of Memorandum on Burden Sharing between the ICC Office of the Prosecutor and the Government of Libya" Issued by Pre-Trial Chamber I on 4 February 2015

Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia On 5 July 2013, the Presidency of the International Criminal Court (ICC) assigned “the Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia” to Pre-Trial Chamber I. This situation was referred to the Court by the Union of the Comoros, regarding an attack on vessels registered respectively to the Comoros, Greece and Cambodia, which are all States Parties to the Rome Statute. On 6 November 2014, the Office of the Prosecutor announced that it was concluding the preliminary examination of the situation referred by the Union of Comoros because legal requirements of the Rome Statute had not been met. On 29 January 2015, the Representatives of the Government of the Union of the Comoros filed an Application for Review pursuant to Article 53(3)(a) of the Prosecutor’s Decision of 6 November 2014 not to initiate an investigation in the Situation.

Decisions and orders

Decision on the “Prosecution Request concerning its Response to the Government of the Union of the Comoros’ Application under article 53(3)(a) of the Rome Statute, and the applicable time limit” Issued by Pre-Trial Chamber I on 4 February 2015

Relevant Links Courtroom proceedings can be followed on the ICC website: www.icc-cpi.int, where you can also consult the hearing schedule.

3 Other Statements and Events

Other Statements and Events Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, ahead of the general and state elections in Nigeria

Statement: 2 February 2015

On 14 and 28 February 2015, Nigerians are set to participate in general and state elections in the Federal Republic of Nigeria. Nigerian presidential candidates and political leaders recently signed a pact committing themselves, their parties and their followers to refrain from violence before, during and after these elections. I urge them to consolidate this commitment.

At a time when abhorrent levels of violence already plague parts of the country, I recall that the International Criminal Court (ICC) has jurisdiction over Rome Statute crimes committed on the territory of Nigeria or by Nigerian nationals from 1 July 2002 onwards. Crimes under the jurisdiction of the ICC have already been committed in this context, as reflected in my Office's preliminary examination report published in December 2014. Further analysis is on-going to determine the next steps that my Office should take in accordance with its duties under the Rome Statute.

Experience has shown that electoral competition, when gone astray, can give rise to violence and in the worst case scenarios, even trigger the commission of mass crimes that "shock the conscience of humanity." Any person who incites or engages in acts of violence including by ordering, requesting, encouraging or contributing in any other manner to the commission of crimes within ICC's jurisdiction is liable to prosecution either by Nigerian Courts or by ICC. No one should doubt my resolve, whenever necessary, to prosecute individuals responsible for the commission of ICC crimes.

A team from my Office will be present in Nigeria prior to the elections to further engage with the authorities and encourage the prevention of crimes.

Report on Preliminary Examination Activities 2014

[email protected]

Source: Office of the Prosecutor

Malta and Costa Rica ratify Amendments to the Rome Statute on war crimes and the crime of aggression

Press Release: 6 February 2015

The President of the Assembly of States Parties to the Rome Statute of the International Criminal Court, H.E. Mr. Sidiki Kaba, welcomes the deposit by the Republic of Malta, on 30 January 2015, and by Costa Rica, on 5 February 2015, of their instruments of ratification of the amendments to the Statute on war crimes and the crime of aggression adopted at the first Review Conference held in Kampala, .

The said instruments were presented by H.E. Mr Christopher Grima, Permanent Representative of Malta to the United Nations and by H.E. Ms. Ana Helen Chacón, Vice-President of the Republic of Costa Rica.

The deposit of these instruments bring to twenty-three the number of ratifications of the amendments on war crimes, and to twenty-two the one for the crime of aggression.

"The Republic of Malta and Costa Rica thus confirm their commitment to work towards a World of peace and justice. I salute their commendable action and invite all States Parties that have not yet ratified the Kampala amendments to follow suit", declared Minister Sidiki Kaba.

4 Other Statements and Events

The first Review Conference of the Rome Statute, held in 2010 in Kampala, adopted a set of amendments to article 8, and defined as war crimes the use of certain weapons during armed conflicts not of an international character. It also adopted a second set of amendments relating to the definition of the crime of aggression and the provisions for the exercise of Court's jurisdiction.

The Court may exercise jurisdiction over the crime of aggression, after 1 January 2017, once thirty States Parties have ratified the amendments, and subject to a decision to activate by the Assembly.

Malta ratified the Rome Statute on 29 November 2002 and incorporated in its national legislation provisions related to the crimes relevant to the Statute and cooperation in December 2003. It ratified the Agreement provisions on the on Privileges and Immunities of the Court ("APIC"), on 21 September 2011.

Costa Rica ratified the Rome Statute on 7 June 2001 and transposed into its criminal code crimes enounced in the said Statute in May 2003. It ratified the APIC on 28 April 2011.

Article 8 amendments UN Treaty Collection - Ratification participants list

Crime of aggression amendments UN Treaty Collection- Ratification participants list

Source: Assembly of States Parties

Resumed thirteenth session of the Assembly of States Parties to be held on 24-25 June 2015 in The Hague

At its meeting on 23 January 2015, the Bureau of the Assembly of States Parties to the Rome Statute decided that the resumed thirteenth session of the Assembly would be held in The Hague (Netherlands) from 24 to 25 June 2015. During the resumed session the Assembly will hold an election to fill a judicial vacancy, which resulted from the 3 June 2014 resignation of judge elect Senator Miriam Defensor Santiago (Philippines). The Bureau further decided that the nomination period to fill the judicial vacancy would run from 18 February to 31 March 2015. In accordance with the applicable norms on election of judges, for this judicial vacancy only candidates from the group of Asia-Pacific States may be nominated. In order to evaluate the candidates, the Advisory Committee on Nominations of Judges, a subsidiary body of the Assembly, will hold its fourth meeting in The Hague on 16 and 17 April 2015.

On Tuesday 3 February 2015, a delegation from COJUR-ICC visited the ICC. The delegation met with ICC President Judge Sang-Hyun Song (pictured here) and other Court officials. © ICC-CPI

5 Interacting with Communities

Interacting with Communities

On Wednesday 4 February 2015, the ICC Outreach Unit in Côte d’Ivoire was on radio ATM in Port-Bouet (Abidjan), answering questions from listeners about the ICC.

6 Calendar

Calendar

Judicial developments • 13 February 2015 Status conference in the case The Prosecutor v. Charles Blé Goudé • 17 February 2015 Status conference in the case The Prosecutor v. Bosco Ntaganda • 23 February 2015 Scheduled resumption of trial hearings in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang • 24 February 2015 Judgment on the appeal against the acquittal in the case The Prosecutor v. Mathieu Ngudjolo Chui • 2 June 2015 Scheduled opening of the trial in the case The Prosecutor v. Bosco Ntaganda • 7 July 2015 Scheduled opening of the trial in the case The Prosecutor v. • 24 August 2015 Provisional date for the opening of the confirmation of charges hearing in the caseThe Prosecutor v.

View the online ICC hearing schedule

Forthcoming events • 10 March 2015 Solemn Undertaking of ICC Judges

The calendar is subject to last-minute changes.

www.icc-cpi.int | This is not an official document. It is intended for public information only. International Criminal Court: Maanweg, 174; 2516 AB, The Hague, The Netherlands. Postal address: Po Box 19519; 2500 CM, The Hague, The Netherlands. 7 Tel. + 31 (0)70 515 8515; Fax. +31 (0)70 515 8555. www.youtube.com/IntlCriminalCourt | www.twitter.com/IntlCrimCourt | www.flickr.com/photos/icc-cpi