ICC-PIDS-WU-172/13_Eng Week of 20 to 24 May 2013 ICC Weekly Update #172 Issued byTrial ChamberV(b) on22May2013 Decision notifyingtheelectionofPresidingJudge Issued bythePresidency on21May2013 v. William SamoeiRutoandJoshuaArapSang Decision constituting Trial Chamber V(a) and Trial Chamber V(b) and referring to them the cases of Kenyatta Case Issued byTrial ChamberV(a)on22May2013 Decision notifyingtheelectionofPresidingJudge Issued bythePresidency on21May2013 v. William SamoeiRutoandJoshuaArapSang Decision constituting Trial Chamber V(a) and Trial Chamber V(b) and referring to them the cases of Issued byTrial ChamberVon24 April 2013 Order onDefenceresponsetoProsecution'ssubmissionsregardingscreeningnotes Issued byTrial ChamberVon20May2013 Prosecution's and notes screening with provided corresponding requestsforredactions be to request Defence on Decision - Version redacted Public Ruto andSangCase Decisions andorders For more informationonthesituationinRepublicofKenya,pleaseclick Abdallah Banda Abakaer NourainandSalehMohammedJerboJamus. cases previous in made been have Chambers of before composition the ICC, such as the cases of Germain Katanga and Mathieu Ngudjolo Chui, of Jean-Pierre Bemba Gombo and of the in changes Similar Chambers. to cases assign and composition, their on decide Chambers, constitute to functions judicial its of part as Presidency ICC the of role the is It will becomposedofJudgesKunikoOzaki,RobertFremr andChileEboe-Osuji. Kenyatta, Mr of case the of charge in TrialV(b), Eboe-Osuji. Chamber Chile and Fremr Robert Carbuccia, Herrera Olga According to the decision, Trial Chamber V(a) in charge of the case of Mr Ruto and Mr Sang, will be composed of Judges Trial justice, takingintoconsiderationeachJudge’sworkload. two of administration proper constituting the ensure decision to taken was a Presidency the issued of decision (ICC) The cases. Kenyan Court two the Criminal for Chambers International the of Presidency the 2013, May 21 On ICC PresidencydecidesonnewcompositionofTrial ChamberV trial againstWilliam SamoeiRutoandJoshua Arap Sangistobeconfirmed. the of opening the for date The 2013. July 9 on start to scheduled is Kenyatta Muigai Uhuru against trial The withdrawn. Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were Pre-Trial Chamber II confirmed the charges against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Hussein chargesKipronoMohammed the Henry and confirm against Kosgey to declined Ali. judges the 2012, January 23 2011,respectively.October 5 On to September 21 2011,and September 9 to 1 from place took cases two the in hearings charges of confirmation 2011.The April 8 and 7 on Pre-TrialII before appearedChamber voluntarily citizens Kenyan six situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011 in two separate cases, the in motu proprio investigation an open to request Prosecutor’s the granted II Pre-TrialChamber 2010, March 31 On Situation inKenya

Telephone – Téléphone +31(0)70 51585 15 /Facsimile –Télécopie +31(0)70 515 85 55 Maanweg 174, 2516 AB , TheNetherlands – Maanweg 174,2516 AB LaHaye, Pays-Bas and and The Prosecutor v. UhuruMuigaiKenyatta The Prosecutor v. UhuruMuigaiKenyatta here . www.icc-cpi.int The Prosecutor The Prosecutor 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. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; The Prosecutor v. Germain Katanga; The Prosecutor v. Mathieu Ngudjolo Chui; The Prosecutor v. Callixte Mbarushimana; and The Prosecutor v. Sylvestre Mudacumura. Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the custody of the ICC. 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 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. All three decisions are currently subject to appeal. The trial in the case The Prosecutor v. 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 crimes against humanity 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 verdict regarding German Katanga will be delivered at a later stage. On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges in the case The Prosecutor v. Callixte Mbarushimana. Mr Mbarushimana was released on 23 December 2011. On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICC’s custody. His initial appearance hearing took place before Pre-Trial Chamber II on 26 March 2013. The confirmation of charges hearing in the case is scheduled to start on 23 September 2013.

Decisions and orders

Lubanga Dyilo Case Order on the filing of a reply under regulation 60 of the Regulations of the Court Issued by the Appeals Chamber on 24 May 2013

Ntaganda Case Decision Requesting Observations on the "Prosecution's Urgent Request to Postpone the Date of the Confirmation Hearing" Issued by Pre-Trial Chamber II on 24 May 2013

Katanga Case Annex to Décision relative à la transmission d'éléments juridiques et factuels complémentaires (norme 55-2 et 3 du Règlement de la Cour) - Dissenting Opinion of Judge Christine Van den Wyngaert Issued by Judge Christine Van den Wyngaert on 15 May 2013

Situation in Côte d’Ivoire Côte d’Ivoire, which was not party to the Rome Statute at the time, had accepted the jurisdiction of the ICC on 18 April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Côte d’Ivoire reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2011, the Pre-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Côte d’Ivoire since 28 November 2010. On 22 February 2012, Pre-Trial Chamber III decided to expand its authorisation for the investigation in Côte d’Ivoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010. On 15 February 2013, Côte d’Ivoire ratified the Rome Statute. The confirmation of charges hearing in the case of The Prosecutor v. Laurent Gbagbo took place from 19 to 28 February 2013. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest against Simone Gbagbo for four charges of crimes against humanity allegedly committed in the territory of Côte d'Ivoire between 16 December 2010 and 12 April 2011.

Audio-visual materials

“Ask the Court” radio and television programme (14 episodes)

The 'Ask the Court' radio and television programme answers questions that are frequently asked by people from the situation-related countries before the International Criminal Court (ICC), about the Court's mandate and its work. In this 14-episode series, the questions raised were filmed during outreach sessions in Abidjan, Côte d’Ivoire, and with visitors from Côte d’Ivoire to the seat of the Court in The Hague.

In this edition of the programme, questions are answered by Judge Sang-Hyun Song, ICC President, Fatou Bensouda, ICC Prosecutor, and Didier Preira, Deputy Registrar of the Court.

Episode 1-14: Playlist (Available in French)

2 Events

Victims’ participation at the ICC: Television and radio series

The International Criminal Court's (ICC's) Outreach Unit (PIDS) is producing a series of programmes related to victims' participation in ICC proceedings. The aim of this series of television and radio programmes is to inform affected communities and the general public about their rights. These programmes answer questions that are frequently asked by victims of the situations and crimes under investigation by the ICC: What does it mean to participate as a victim in Court proceedings? How does the process work? When and how are victims of crimes under the ICC’s jurisdiction entitled to reparations? What challenges does the ICC face in making the participation of victims effective and meaningful?

An introductory programme was produced in May 2013 for the ICC Seminar on cooperation. This programme can be viewed here:

English version | French version

The first programme in the series, related to the situation in Côte d’Ivoire (produced in French), can be viewed and downloaded here:

Video in French

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

Events

ICC Leaders on Peace and Gender Justice at Human Rights Conference in Turkey

ICC President Judge Sang-Hyun Song and ICC Prosecutor Fatou Bensouda participating in a panel of the 38 th Congress of the International Federation for Human Rights (FIDH) on 23 May 2013 in Istanbul (Turkey). © ICC-CPI

On 23 May 2013, the President of the International Criminal Court (ICC), Judge Sang-Hyun Song, and the Court’s Prosecutor, Fatou Bensouda, addressed an international human rights conference opened by Turkish Deputy Prime Minister Beşir Atalay in Istanbul (Turkey).

President Song’s remarks, part of the 38th Congress of the International Federation for Human Rights (FIDH), stressed the ICC’s role in helping end violence against women during conflict.

“Whether attendant to war or a weapon of war; whether blindly permitted or systematically enforced – sexual violence leaves invisible scars on its victims which are as painful and lasting as the visible. The horrors of conflict inflicted upon women are not incidental; they are not inevitable; and they can no longer be ignored”, he said.

3 Events

The President encouraged more countries from the Islamic World to join the Court. “The embrace of the ICC by Bangladesh, Jordan, Mali, Tunisia and others demonstrates that justice is a universally held value, and that the ICC is recognised as a truly independent institution”, he stated.

Recognising the invaluable role of the civil society, President Song thanked the FIDH for its longstanding advocacy for justice and human rights. “It is testament to the strength of this federation that I can also stand in this room today”, he said.

Also speaking at the event, ICC Prosecutor Bensouda stressed the role of the ICC in ensuring that perpetrators of serious atrocities are held to account, so that anyone who uses violence, rapes and killings to gain power, or stay in power, may be investigated and prosecuted.

“[The ICC is] being called upon, again and again, to fulfil the promise made to victims in Rome, that there should be an end to impunity and that future crimes should be prevented”, she said.

Prosecutor Bensouda said that judicial institutions promote stability and reconciliation in nations dealing with the aftermath of conflict. ICC President Judge Sang-Hyun Song meeting with representatives of NGOs in Istanbul (Turkey) on 22 May 2013, prior to the opening of the 38th Congress of the FIDH. © ICC-CPI “Justice is necessary to achieve regional and international peace; an intrinsic part of the efforts deployed by the international community to address situations of massive crimes and a key component of any meaningful transition from conflict to lasting peace”, she said.

On 22 May 2013, President Song encouraged Turkey to join the Court in an address at Istanbul’s Bilgi University.

“Turkey’s accession would be a powerful statement of solidarity with the victims of the gravest crimes and its commitment to international law and the protection of fundamental human rights and dignity”, President Song said.

On 23 May 2013, the President and Prosecutor also attended an event to celebrate the 15 th anniversary of the Rome Statute, the founding treaty f the International Criminal Court.

ICC President's remarks at the Opening Session of the 38th Congress of the International Federation for Human Rights, Istanbul, 23 May 2013

ICC Prosecutor's statement at FIDH International Forum in the context of its 38th Congress, Istanbul, 23 May 2013

The International Criminal Court: A Global Commitment to End Impunity, lecture by ICC President Judge Sang-Hyun Song, Bilgi University, Istanbul, 22 May 2013

Visits to the Court

On 23 May 2013, Deputy Secretary-General of the United Nations (UN) Jan Eliasson visited the International Criminal Court (ICC) in The Hague (). During his visit Ambassador Jan Eliasson met with ICC First Vice-President Judge Sanji Monageng, ICC Second Vice-President Judge Cuno Jakob Tarfusser, ICC Deputy Prosecutor James Stewart, and ICC Registrar Herman von Hebel, as well as other ICC officials. Pictured here (left to right) are ICC Second Vice-President Judge Cuno Jakob Tarfusser, ICC Registrar Herman von Hebel, UN Deputy Secretary- General Jan Eliasson, and ICC First Vice-President Judge Sanji Monageng. © ICC-CPI

4 Calendar

On 24 May 2013, a delegation of parliamentarians of The Netherlands visited the International Criminal Court (ICC). Pictured here (left to right) are MP Sjoerd Sjoerdsma, MP , ICC First Vice- President Judge Sanji Monageng, and MP . © ICC-CPI

Calendar

Judicial developments • 9 July 2013 Scheduled opening of the trial against Uhuru Muigai Kenyatta • 23 September 2013 Scheduled start of the confirmation of charges hearing in the case againstBosco Ntaganda • 5 May 2014 Scheduled opening of the trial against Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

View the online ICC hearings calendar

Forthcoming events • 29 May 2013 ICC to hold 23rd diplomatic briefing (The Hague, Netherlands) • 31 May 2013 ICC Judge Van den Wyngaert to receive ‘Eredoctoraat’ Honorary degree from the University of Maastricht (Maastricht, Netherlands) • 31 May 2013 ICC to host finals of the Russian and Chinese ICC Trial Competitions (The Hague, Netherlands)

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. 5 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