ICC-PIDS-WU-210/14_Eng 12 to 16 May 2014 ICC Weekly Update #210 Source: OfficeoftheProsecutor English UNSCR 1970(2011) Seventh Report of the Prosecutor of the International Criminal Court to the UN Security Council pursuant to the ​English Nations SecurityCouncilonthesituationinLibya,pursuant toUNSCR1970(2011) Statement oftheProsecutorInternationalCriminal Court,FatouBensouda,totheUnited after thehearingandforviewingonofficial format (MPEG-3) audio and (MPEG-4) video in server FTP an on download for available be will materials Audiovisual the Court's Filming or photography is strictly prohibited inside the Court building. However pictures of the hearing will be posted on AV materials Please note that individuals who do not confirm their attendance in advance cannot be guaranteed access to the hearing. at thepublicentranceofCourt,locatedRegulusweg(TheHague). to request attendance via email to: Members of the diplomatic corps, NGOs and other members of the public wishing to attend the hearing are kindly invited int to: email via requestattendance to invited arekindly hearing the cover to wishing Journalists Attending thehearing The hearingcanbefollowedliveontheICCwebsiteat: Webstreaming Further informationonthiscaseisavailable Gaddafi. Al-Islam Saif against case the of admissibility the on judgment its deliver to time) local Hague (The 16:30 at 2014 May On 16 May 2014, the Appeals Chamber of the International Criminal Court (ICC) scheduled a hearing on Wednesday 21 on case Gaddafi the of admissibility 21 May2014 the on judgment Appeals deliver to Chamber Appeals CC I Saif Al-IslamandAl-SenussiCase Libya iswillingandablegenuinelytocarryoutsuchinvestigation. An appealagainstthedecisionispending. before the ICC as it was currently subject to domestic proceedings conducted by the inadmissible Libyan competent is authorities Al-Senussi and Abdullah against that case the that decided I Pre-TrialChamber 2013, October 11 On pending. is Al-Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. An appeal against the decision ICC's custody. On 31 May 2013, Pre-Trial Chamber I rejected Libya’s challenge to the admissibility of the case against Saif Pre-Trial2011, November 22 On Forces. Security and Chamber apparatus I formally terminated State the case against Muammar the Gaddafi due tothrough his death.2011, The remaining suspectsFebruary are not in28 the least at until 15 Al-Senussi Abdullah and for respectively arrest of warrants three issued I I Pre-TrialChamber to Presidency the by assigned was which Libya, in the situation in investigation an open to since decided Prosecutor Libya ICC the in 2011, March situation 3 Prosecutor.On the ICC referthe to 2011 to February unanimously 15 decided Council Security Nations United the 2011, February 26 n O Situation inLibya . All journalists must present a valid press card at the public entrance of the Court, located at Regulusweg (The Hague).

Telephone – Téléphone +31(0)70 51585 15 /Facsimile –Télécopie +31(0)70 515 85 55 Maanweg 174, 2516 AB The Hague, TheNetherlands – Maanweg 174,2516 AB LaHaye, Pays-Bas , Français Flickr account , عريب . for crimes against humanity (murder and persecution) allegedly committed across Libya from Libya across committed allegedly persecution) and (murder humanity against crimes for [email protected] here ICC YouTube Channel . Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi Al-Islam Saif Gaddafi, Minyar Abu Mohammed Muammar . Attendees must present a valid passport or valid ID with a photo English , French . . On 27 June 2011, Pre-TrialChamber 2011, June 27 On PublicAffairs.Unit@icc-cpi. www.icc-cpi.int 1

Judicial Update

Decisions and orders

Decision requesting Libya to provide submissions on the status of the implementation of its outstanding duties to cooperate with the Court Issued by Pre-Trial Chamber I on 15 May 2012

Scheduling Order for the judgment on the appeal of Libya against the decision of Pre-Trial Chamber I of 31 May 2013 entitled "Decision on the admissibility of the case against Saif Al-Islam Gaddafi" Issued by the Appeals Chamber on 16 May 2012

Situation in the Central African Republic The situation was referred to the Court by the Government of the Central African Republic in December 2004. The Prosecutor opened an investigation in May 2007. The trial in the case The Prosecutor v. Jean-Pierre Bemba Gombo started before Trial Chamber III on 22 November 2010, for two charges of crimes against humanity and three charges of war crimes, and the submission of evidence in the case is now closed. On 20 November 2013, a warrant of arrest for Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu, and Narcisse Arido was issued by the ICC for offences against the administration of justice allegedly committed in connection with the case The Prosecutor v. Jean-Pierre Bemba Gombo. On 25 November 2013, Fidèle Babala Wandu and Aimé Kilolo Musamba were transferred to the ICC Detention Centre. On 27 November 2013, Aimé Kilolo Musamba, Fidèle Babala Wandu, and Jean-Pierre Bemba Gombo made their initial appearance before the ICC. Jean-Jacques Mangenda Kabongo was transferred to the ICC Detention Centre on 4 December 2013 and made his initial appearance before the ICC on 5 December 2013. Narcisse Arido was transferred to the ICC Detention Centre on 18 March 2014 and made his initial appearance on 20 March 2014. The decision on the confirmation of the charges will be made in writing in due course.

Decisions and orders

Bemba, Kilolo et al. Case Decision Requesting Observations on the "Defence Request for the Exercise of Judicial Functions by the full Pre-Trial Chamber 11" Issued by Pre-Trial Chamber II on 14 May 2014

Decision on the "Requête de la Défense tendant à solliciter de la Chambre préliminaire II le rapjpel au Procureur du respect du choix de la langue opéré par Monsieur Fidèle Babala Wandu dans la présente affaire" Issued by Pre-Trial Chamber II on 16 May 2014

Decision on the reclassification and filing into the record of material provided by the Dutch judicial authorities Issued by Pre-Trial Chamber II on 16 May 2014

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. The trial in the case of The Prosecutor v. Uhuru Muigai Kenyatta is scheduled to start on 7 October 2014. 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.

Decisions and orders

Kenyatta Case Order further extending deadline for filing of first updated due on 30 April 2014 Issued by Trial Chamber V(b) on 12 May 2012

2 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 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 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 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. 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. Trial Chamber II will deliver the sentence to be imposed on Germain Katanga during a public hearing on 23 May 2013 at 09:00. Decision on victim reparations will be rendered later. The Prosecutor and the Defence have appealed the judgement. 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. His initial appearance hearing took place before Pre-Trial Chamber II on 26 March 2013. The confirmation of charges hearing in the case was held from 10 to 14 February 2014. The decision is pending.

Decisions and orders

Lubanga Dyilo Case Order for a response Issued by the Appeals Chamber on 15 May 2014

Further order on matters relevant to the hearing before the Appeals Chamber Issued by the Appeals Chamber on 15 May 2014

Situation in Côte d’Ivoire C ôte d’Ivoire, which was not party to the Rome Statute at the time, had accepted the jurisdiction of the ICC on 18 April 2003; on 14 December 2 010 and 3 May 2011, the Presidency of Côte d’Ivoire reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2011, the P re-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Côte d’Ivoire since 28 November 2010. On 22 F ebruary 2012, Pre-Trial Chamber III decided to expand its authorisation for the investigation in Côte d’Ivoire to include crimes within the j urisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010. On 15 February 2013, Côte d’Ivoire ratified t he Rome Statute. The confirmation of charges hearing in the case The Prosecutor v. took place from 19 to 28 February 2013. On 3 June 2013, Pre-Trial Chamber I adjourned the hearing on the confirmation of charges and requested the Prosecutor to consider providing further e vidence or conducting further investigation with respect to the charges presented against Laurent Gbagbo. On 16 December 2013, the ICC Appeals C hamber confirmed the decision adjourning the confirmation of charges hearing in the case. Following this decision, Pre-Trial Chamber Iestablished a new calendar for further proceedings, including on the disclosure of additional evidence and submissions of the Prosecutor, Defence and victims participating in this case. Such process was implemented and on 14 April 2014, the Defence communicated its final submissions. Within 60 days from the receipt of the Defence’s final submissions, the judges will decide whether or not there is sufficient evidence to confirm the charges in the case and send it to trial. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest in the case The Prosecutor v. 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. On 1 October 2013, Côte d’Ivoire challenged the admissibility of the Simone Gbagbo case. Pre-Trial Chamber I will issue a decision on this issue in due course. Mrs Gbagbo is not in the Court's custody. On 30 September 2013, Pre-Trial Chamber I unsealed an arrest warrant in the case The Prosecutor v. Charles Blé Goudé initially issued on 21 December 2011 for four counts of crimes against humanity allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011. On 22 March 2014, Charles Blé Goudé was surrendered to the ICC by the national authorities of Côte d´Ivoire and he made his first appearance before the ICC on 27 March 2014. The confirmation of charges hearing is scheduled to open on 18 August 2014. Mr Blé Goudé is in the Court’s custody.

Decisions and orders

Laurent Gbagbo Case Decision the “Demande d’autorisation d’interjeter appel de la ‘Decision on Defence requests related to the continuation of the confirmation proceedings’ du 14 février 2014 (ICC-02/11-01/11-619)” Issued by Pre-Trial Chamber I on 9 May 2014

Blé Goudé Case Order to the VPRS to submit information in relation to the applications for victims’ participation in the proceedings Issued by Pre-Trial Chamber I on 13 May 2014

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

Other Statements and Events

Other Statements and Events

Prosecutor of the International Criminal Court, Fatou Bensouda, re-opens the preliminary examination of the situation in Iraq

On 13 May 2014, the Prosecutor of the International Criminal Court (“ICC”), Mrs Fatou Bensouda, announced that she has decided to re-open the preliminary examination of the situation in Iraq, previously concluded in 2006, following submission of further information to the Office of the Prosecutor in January 2014 in accordance with article 15 of the Rome Statute. The new information received by the Office alleges the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008. Iraq is a not a State Party to the Rome Statute, however, the ICC has jurisdiction over alleged crimes committed on the territory of Iraq by nationals of States Parties. The re-opened preliminary examination will analyse, in particular, alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq between 2003 and 2008.

During the preliminary examination, the Prosecutor shall consider issues of jurisdiction, admissibility and the interests of justice, in order to decide whether or not the criteria to open an investigation under article 53(1) of the Rome Statute have been met. No decision on the opening of an investigation will be taken until a thorough analysis of all the relevant information is completed by the Office.

Background

On 9 February 2006, Mr Luis Moreno-Ocampo, the then Prosecutor of the ICC announced his decision not to seek authorisation to initiate an investigation of the situation in Iraq because based on the information available to the Prosecutor at the time, the required gravity threshold of the Rome Statute was not met. In that decision, the Prosecutor indicated that this conclusion could be reconsidered in the light of new facts or evidence, in accordance with article 15(6) of the Rome Statute.

On 10 January 2014, the Office of the Prosecutor received a new communication from the European Center for Constitutional and Human Rights (“ECCHR”) together with the Public Interest Lawyers (“PIL”), alleging the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008. The United Kingdom deposited its instrument of ratification of the Rome Statute on 4 October 2001. The ICC has therefore jurisdiction over war crimes, crimes against humanity and genocide committed on the territory of the United Kingdom, or by UK nationals as of 1 July 2002, representing the date of the entry into force of the Rome Statute.

Based on an initial assessment of the information received, the 10 January 2014 communication provides further information that was not available to the Office in 2006. In particular, the communication alleges a higher number of cases of ill-treatment of detainees and provides further details on the factual circumstances and the geographical and temporal scope of the alleged crimes. The Prosecutor will therefore conduct a preliminary examination in order to analyse the seriousness of the information received, in accordance with the requirements of article 15(2) of the Rome Statute, and ultimately determine whether there is a reasonable basis to proceed with an investigation.

For further information, see the OTP Policy Paper on Preliminary Examinations (2013).

[email protected].

Source: Office of the Prosecutor

ICC and ASP Presidents conclude visits to Slovenia, Croatia and Switzerland

On 15 May 2014, the President of the International C riminal Court (ICC), Judge Sang-Hyun Song, a nd the President of the Assembly of States Parties (ASP) to the Rome Statute, H.E. Ms. Tiina Intelmann, spoke at a Seminar on the Kampala A mendments held in Brdo, Slovenia, with a special focus on the crime of aggression.

President Song said that “the advent of the ICC and the broader Rome Statute system has changed the way the world thinks – and increasingly also, acts – in relation to grave international crimes”. I n her panel intervention, President Intelmann s tressed her belief that States should consider r atifying both of the Kampala Amendments as soon as possible: “the Kampala Amendments are Participants of the seminar to the Seminar on the Kampala Amendments held in Brdo, Slovenia, with a special focus on the crime of aggression. © STA Slo a fundamental tool to support the establishment a rules-based international order, where law prevails over force.”

4 Other Statements and Events

Speaking later at a press conference, President Song stated that while only the States Parties can collectively activate the ICC’s ability to exercise jurisdiction over the crime of aggression, there were strong arguments for doing so sooner rather than later. “First of all, armed conflicts have an immensely destructive effect on the lives of thousands of people and indeed entire nations. War is the ultimate tragedy that any society can encounter. Secondly, aggression is not only a grave crime in its own right but often leads to other atrocity crimes within the ICC’s jurisdiction, such as war crimes and the crimes against humanity. Finally, as it is well recognized, the crime of aggression poses the most severe threat to international peace and security. Aggressive war anywhere is a threat to peace everywhere”, summarised President Song.

While in Slovenia, President Song met H.E. Mr Karl Erjavec, Deputy Prime Minister and Minister of Foreign Affairs of Slovenia, and thanked him for Slovenia’s strong support to the ICC, including through Slovenia’s valuable contributions to the Trust Fund for Victims and the recent ratification of the Kampala. Minister Erjavec pledged Slovenia’s continued support to the ICC. President Intelmann met with Slovenia’s State Secretary, H.E. Mr Bogdan Benko on means to promote universality in the region. She also used the opportunity of the wide participation from the Eastern European Region to meet with representatives from Armenia, with whom she discussed the prospects of a forthcoming ratification of the Rome Statute. President Song further delivered a university lecture at the University of Ljubljana, Slovenia, where he received an honorary medal.

On Friday 16 May 2014, President Song travelled to Zagreb, Croatia, to meet H.E. Ms Vesna Pusić, Deputy Prime Minister and Minister of Foreign and European Affairs, and H.E. Mr Orsat Miljenić, Minister of Justice. Croatia was the first country from South-East Europe to ratify the Rome Statute and has already ratified the Kampala amendments. Judge Song conveyed the ICC’s gratitude for Croatia’s longstanding support, while Minister Pusić and Minister Miljenić expressed Croatia’s willingness to further strengthen the excellent cooperation with the ICC. The same day, President Song spoke at the University of Zagreb on the ICC’s contribution to international justice. In his lecture, he touched upon institutional and jurisdictional differences between the ICC and the International Criminal Tribunal for the former Yugoslavia (ICTY), and expressed his personal regret that in 1991, when the war broke out in the former Yugoslavia, there was no international criminal tribunal already in place to deter the commission of atrocity crimes. “With a permanent ICC, the promise of a less violent world is more realistic”, concluded President Song.

On her part, on 16 May 2014, President Intelmann travelled to Geneva to address the “Group of Friends of the International Criminal Court”. She provided an update on the work ahead for the Assembly in 2014 and the ongoing priorities and needs of the Court. She welcomed the commitment and coordination among States Parties in Geneva who have taken advantage of the Universal Periodic Review (UPR) mechanism to further the goals of the Court, including universality, domestic implementation of the Rome Statute, ratification of or accession to the Agreement on Privileges and Immunities of the ICC and the Kampala Amendments, and cooperation with the Court. President Intelmann discussed with States Parties various means to take the next step and promote the implementation of the numerous ICC-related recommendations accepted by States under review at the UPR.

In Geneva also, at the Academy of International Humanitarian Law, President Intelmann joined a technical seminar on a project of a Convention on Crimes Against Humanity. At this discussion, Ambassador Intelmann highlighted the fundamental role played by domestic legislation to prosecute crimes against humanity and of the legal gap of mechanisms that promote mutual legal assistance among states to support domestic prosecutions.

During their visits, President Song and President Intelmann gave several interviews to the media and met a number of seminar participants from other States of the Eastern European Group, both States Parties and those not yet party to the Rome Statute, urging the latter the join the evolving system of international criminal justice.

Exhibit “Justice Matters” on display in Vienna From 12 to 16 May 2014, the ICC Exhibit “Justice Matters” was put on display in Vienna (Austria), during the 23 rd session of the Commission on Crime Prevention and Criminal Justice in the Rotunda of the at the Vienna International Centre, with the support of the Permanent Mission of the Kingdom of the Netherlands to the United Nations. Calendar Interacting with communities

Interacting with communities

ICC Outreach coordinator holding Outreach information session with civil society groups and community leaders in Nakuru, Kenya, on 15 May 2014 © ICC-CPI

Calendar

Judicial developments

• 19-20 May 2014 Appeals Chamber to hold hearing in the case The Prosecutor v. Thomas Lubanga Dyilo

• 21 May 2013, 16:30 Appeals Chamber to deliver judgment on the admissibility of the case against Saif Al-Islam Gaddafi

• 23 May 2013, 09:00 Trial Chamber II to deliver sentence in the case The Prosecutor v. Germain Katanga

View the online ICC hearing schedule

The calendar is subject to last-minute changes.

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