ICC-PIDS-WU-203/14_Eng 3 to 7 March 2014 ICC Weekly Update #203 and victimreparations willberendered later.sentencing TheProsecutor andthe Defencemayappealthejudgmentwithin30days. on Decisions (DRC). Congo the of Republic Democratic the of district Ituri the in Bogoro, of village the on attack the during 2003 February 24 on committed pillaging) and property of destruction population, a attacking (,crimes war four and (murder) humanity against crime one to Statute, Rome treaty, 25(3)(d) the founding ICC’s article the of of meaning the accessory, within an as guilt Katanga’s Germain of doubt reasonable beyond satisfied case the in judgment its rendered dissenting, Wyngaert den Van On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC), ruling in the majority, with Judge Christine committed inIturi,DRC found guilty of four counts of war crimes and one count of crime against humanity Katanga Case 26 March 2013.Theconfirmationofcharges hearinginthecasewasheldfrom 10to14February 2014.Thedecisionispending. custody.ICC’s the in now is and voluntarily Court the to beforeplace took Pre-Trialhearing appearance initial His on II Chamber Mbarushimana case the in charges the confirm to declined 2011,Pre-TrialI December Chamber 16 On days. 30 within judgment the appeal may renderedDefence later.be the will reparationsand Prosecutor victim The and sentencing on Decisions 2003. February 24 on Bogoro,Ituri, of village the on attack the during committed crimes war of counts four and humanity against II TrialChamber 2014, March 7 On verdict. the appealed has and ordered his immediate release. On 21 December 2012, Mr Ngudjolo Chui was releasedOn 18 from December 2012, custody.Trial Chamber The II Office of the Prosecutor 2012. On 21 November 2012, Trial Chamber II decided to sever the charges against and Germain Katanga. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009 and closing statements were heard from 15 to 23 May be implemented for reparations to victims in the case. All three decisions are currently subject to appeal. The trial in the case against a total period of 14 years of imprisonment. On 7 August 2012, Trial Chamber I issued a started on 26 January 2009. On 14 March 2012, Trial Chamber I currently in the ICC's custody. remains at large. The trial in the case Mbarushimana The Prosecutor v. 21 June 2004. In this situation, six cases have been brought before the relevant Chambers: the DRC referred the situation in its territory to the Court. After a preliminary analysis, the Prosecutor initiated an investigation on of Government the 2004, March 3 On 2002. on 11 April Statute Rome the ratified (DRC) Congo the of Republic Democratic The Situation intheDemocraticRepublicofCongo Judges ofTrial ChamberIIoftheICC,JudgeFatoumata DembeleDiarra,Presiding JudgeBruno Cotte,andJudgeChristineVan den

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 Wyngaert, duringthedeliveryofjudgment in thecase . Mr Mbarushimana was released on 23 December 2011. On 22 March 2013, Bosco Ntaganda surrenderedhimself Ntaganda Bosco 2013, March 22 2011.On December 23 on released was Mbarushimana Mr . ; and ; The Prosecutor v. Sylvestre Mudacumura Sylvestrev. Prosecutor The ; The Prosecutor v. Germain Katanga acquitted Mathieu Ngudjolo Chui of the charges of war crimes and . , Germain Katanga and Bosco Ntaganda are Ntaganda Bosco and Katanga Germain Dyilo, Lubanga Thomas . convicted convicted The Prosecutor v. GermainKatanga ; The Prosecutor v. Mathieu Ngudjolo Chui Mr Lubanga Dyilo and he was The Prosecutor v. Germain Katanga Germain v. Prosecutor The German Katanga, as an accessory, of one count of crime of count accessory,one an of as Katanga, German decision

The Prosecutor v. Thomas Lubanga Dyilo The Prosecutor v. Thomas Lubanga Dyilo on the principles and the process to on7March 2014©ICC-CPI sentenced www.icc-cpi.int ; The Prosecutor v.Callixte Prosecutor The

The Prosecutor v. Callixte . The Chamber was Chamber The . on 10 July 2012 to 1 ;

Judicial Update

Presiding Judge Bruno Cotte delivered a summary of the judgment at a public hearing. He explained that in light of the witness testimonies and the evidence presented before the Chamber, it had been established beyond reasonable doubt that Germain Katanga had made a significant contribution to the commission of the crimes by the Ngiti militia, which was acting with a common purpose, by assisting its members to plan the operation against Bogoro. The Chamber found that Germain Katanga acted in the knowledge of the criminal common plan devised by the militia to target the predominantly Hema population of Bogoro. The crimes of murder, attacking , destroying property and pillaging were part of the common plan.

The Chamber found that Mr Katanga was the intermediary of choice between the weapons and ammunition suppliers and those who physically committed the crimes using those munitions in Bogoro. He contributed to reinforcing the strike capability of the Ngiti militia who carried out the crimes committed in Bogoro on 24 February 2003. He also contributed, by virtue of his position in Aveba – the only place in the collectivité with an airport which could accommodate aircraft transporting weapons – to equipping the militia and enabling it to operate in an organised and efficient manner. His involvement allowed the militia to avail itself of logistical means which it did not possess enabling it to secure military superiority over its adversary. However, the Chamber dismissed the mode of liability, as principal perpetrator, applied to Germain Katanga, since it was not proven beyond reasonable doubt that in respect of the collectivité he had the material ability to give orders or to ensure their implementation, or that he had the authority to punish camp commanders.

The Chamber changed the characterisation of the mode of liability against Mr Katanga – who had initially been charged as principal perpetrator – on the basis of article 25(3)(d) of the Rome Statute, which defines being an accessory as contributing “[i]n any other way […] to the commission […] of […] a crime by a group of persons acting with a common purpose”. Germain Katanga was found guilty, as an accessory within the meaning of article 25(3)(d) of the Rome Statute, of the crimes of murder constituting a crime against humanity and a and the crimes of directing an attack against the civilian population as such or against individual civilians not taking direct part in hostilities, destroying the enemy’s property and pillaging constituting war crimes. The Chamber also decided that Germain Katanga shall continue to be detained pending sentencing.

The Trial Chamber acquitted Germain Katanga of the other charges that he was facing. With respect to these charges, the Chamber found that there was evidence beyond reasonable doubt that the crimes of and were committed. Regarding the crime of using child soldiers, it found that there were children within the Ngiti militia and among the combatants who were in Bogoro on the day of the attack. However, the C hamber concluded that the evidence presented in support of the accused’s guilt did not satisfy it beyond reasonable doubt of the accused’s responsibility for these crimes.

In her dissenting opinion, Judge Van den Wyngaert challenges the change in the characterisation of Germain Katanga’s mode of liability. She argues that the change in characterisation rendered the trial unfair and breached the rights of the Defence, as it did not receive proper notification of the new charges and was not afforded a reasonable opportunity to conduct investigations in order to mount a defence against them. Judge Van den Wyngaert maintains that there is no basis in the evidence for findings beyond reasonable doubt which can be relied on to establish Germain Katanga’s guilt.

Information about the trial

Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri [Patriotic Force of Resistance in Ituri] (FRPI), was tried before Trial Chamber II, composed of Judges Bruno Cotte, Fatoumata Dembele Diarra and Christine Van den Wyngaert, for the crimes against humanity of murder, rape and sexual slavery and the war crimes of wilful killing, directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities, destruction of property, pillaging, using children under the age of fifteen years to participate actively in hostilities, sexual slavery, and rape.

Mr Katanga was transferred to the Detention Centre in The Hague, the Netherlands, on 17 October 2007. The trial commenced on 24 November 2009, and the parties and participants delivered their closing statements from 15 to 23 May 2012. In the course of 265 days of hearings, Trial Chamber II heard 25 witnesses and expert witnesses called by the Prosecution, 28 called by the defence teams for Germain Katanga and Mathieu Ngudjolo Chui (whose case was joined to Mr Katanga’s during the trial and severed on 21 November 2012) and two called by the legal representatives of the victims. The Chamber also called two further experts to testify. In addition, Germain Katanga also chose to testify under oath as a witness. The judges ensured respect for the rights assured to each of the parties by the Rome Statute, including the right to cross-examine witnesses.

Leave was granted to 366 victims to participate in the proceedings, through their legal representatives. They were thus able to present their views on the issues before the Chamber and were authorised to put specific questions to the witnesses.

Trial Chamber II issued 409 written orders and decisions and 168 oral decisions. The parties and participants submitted more than 3,300 applications to the Chamber.

Summary of Trial Chamber II’s Judgment of 7 March 2014, pursuant to article 74 of the Statute in the case of The Prosecutor v. Germain Katanga Questions and answers about the Judgment rendered by Trial Chamber II in the case of The Prosecutor v. Germain Katanga, 7 March 2014 Pictures of the hearing, 7 March 2014

Audiovisual materials

“In the Courtroom” audio-visual programme – Katanga case: Judgment, 7 March 2014 (Français) “Ask the Court” audio-visual programme – Katanga case: Judgment, 7 March 2014 (Français)

2 Judicial Update

Decisions and orders

Jugement rendu en application de l’article 74 du Statut (including Minority Opinion of Judge Christine Van den Wyngaert and Opinion concordante des Juges Fatoumata Diarra et Bruno Cotte) Issued by Trial Chamber II on 7 March 2014

Ordonnance portant calendrier de la procédure relative à la fixation de la peine (article 76 du Statut) Issued by Trial Chamber II on 7 March 2014

Ntaganda Case

Appeals Chamber confirms the decision rejecting the Defence’s request for interim release

On 5 March 2013, the Appeals Chamber of the International Criminal Court (ICC) dismissed, by majority, the appeal of Bosco Ntaganda against the Pre-Trial Chamber II decision of 18 November 2013. Pre-Trial Chamber II had rejected the Defence’s application for interim release. Mr Ntaganda remains in the ICC’s custody.

In its decision confirming the Pre-Trial Chamber decision, the Appeals Chamber stressed that the appraisal of the evidence relevant to continued detention lies, in the first place, with the Pre-Trial Chamber. The Appeals Chamber reviewed, in particular, the Pre-Trial Chamber’s reliance on two Group of Experts reports in light of the legal framework for the assessment of evidence. The Appeals Chamber noted inter alia that the methodology employed by the Group of Experts in the collection of information was quite rigorous and that the excerpts relied upon by the Pre- Trial Chamber were sufficiently detailed to enable Mr Ntaganda to investigate and challenge the relevant information such that he was not prejudiced by the fact that the sources relied upon were anonymous.

The Appeals Chamber concluded that the Pre-Trial Chamber did not err in relying on two United Nations Group of Experts Reports to support factual findings relevant to its overall conclusion that the detention of Mr Ntaganda appeared necessary. The Appeals Chamber also found that Mr Ntaganda had failed to establish any error in respect of a number of other factual findings of the Pre-Trial Chamber relevant to the risk of Mr Ntaganda absconding or obstructing or endangering the investigation or court proceedings.

Judge Anita Ušacka and Judge Christine Van den Wyngaert adopted dissenting opinions, and considered that Pre-Trial Chamber II committed an error of fact in exclusively relying on anonymous hearsay evidence contained in two United Nations Group of Experts reports and press and blog articles in order to support most of the factual findings relevant to its conclusion that the continued detention of Mr Ntaganda appears necessary.

Background: The ICC has issued two warrants of arrest for Bosco Ntaganda. As the former alleged Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), Mr Ntaganda is suspected of 13 counts of war crimes and 5 counts of crimes against humanity allegedly committed in Ituri, Democratic Republic of the Congo (DRC) between 1 September 2002 and the end of September 2003. On 22 March 2013, Bosco Ntaganda surrendered and is now in the ICC’s custody. The confirmation of charges hearing in the case was held from 10 to 14 February 2014. The decision on the confirmation of charges is pending.

Decisions and orders

Judgment on the appeal of Mr Bosco Ntaganda against the decision of Pre-Trial Chamber II of 18 November 2013 entitled "Decision on the Defence's Application for Interim Release" (including Dissenting Opinion of Judge Anita Ušacka and Dissenting Opinion of Judge Christine Van den Wyngaert) Issued by the Appeals Chamber on 5 March 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. On 23 January 2014, Trial Chamber V(b) vacated the trial commencement date of 5 February 2014 in the case of The Prosecutor v. Uhuru Muigai 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.

Audiovisual materials

'In the Courtroom' audio-visual programme Ruto and Sang case: Trial, Witness P-0409, 20-28 February 2014

3 Judicial Update

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 o f crimes against humanity and three charges of war crimes, and committed the accused to trial. 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 will be surrendered to the Court only upon completion of the relevant national proceedings in France.

Decisions and orders

Bemba, Kilolo et al. Case Decision shortening the time limit for responses to the "Prosecution's request for variation of time limits pursuant to regulation 55 of the Regulations of the Court concerning the confirmation of charges Issued by Pre-Trial Chamber II on 4 March 2014 Situation in Darfur, T here are five cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad A li Abd-Al-Rahman (””); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda; The P rosecutor v. Abakaer Nourain; and The Prosecutor v. Abdel Raheem Muhammad Hussein. Five warrants of arrest have been i ssued by Pre-Trial Chamber I for Messrs Harun, Kushayb, Al Bashir and Hussein. The four suspects remain at large. A summons to a ppear was issued for Mr Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. After the confirmation of charges h earing, in February 2010, Pre-Trial Chamber I declined to confirm the charges. Two other summonses to appear were issued against M r Banda and Mr Jerbo who appeared voluntarily on 17 June 2010; the confirmation of charges hearing took place on 8 December 2010. O n 7 March 2011, Pre-Trial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICC Prosecutor against Mr Banda and Mr Jerbo, and committed them to trial. On 16 March 2011, the ICC Presidency constituted Trial Chamber IV and referred the case to it. On 4 October 2013, Trial Chamber IV terminated the proceedings against after receiving evidence pointing towards the death of Mr Jerbo on 19 April 2013. The proceedings against Abdallah Banda will continue and the trial is scheduled to start on 5 May 2014.

Decisions and orders

Al Bashir Case Decision requesting observations on Omar Al-Bashir's visit to the Democratic Republic of the Congo Issued by Pre-Trial Chamber II on 3 March 2014 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 b oth 14 December 2010 and 3 May 2011, the Presidency of Côte d’Ivoire reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2 011, the Pre-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Côte d’Ivoire since 28 November 2010. On 2 2 February 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 Chamber confirmed the decision adjourning the confirmation of charges hearing in the case. Following this decision, Pre-Trial Chamber I established 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. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest in the case The Prosecutor v. 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. Mr Blé Goudé is not in the Court's custody.

Decisions and orders

Laurent Gbagbo Case D ecision on the "Prosecution's request pursuant to Regulation 35 for an extension of time to add one statement to its Amended List of Evidence for the purposes of the confirmation of charges and, if granted, to be permitted to apply redactions to this item of evidence pursuant to Rule 81(2)" Issued by Pre-Trial Chamber I on 6 March 2014

4 Other Statements and Events

Simone Gbagbo Case Decision on the withdrawal of counsel Ciré Clédor Ly from the case Issued by Pre-Trial Chamber I on 28 February 2014

Blé Goudé Case Decision on Côte d'lvoire's request to postpone the surrender of Charles Blé Goudé to the Court Issued by Pre-Trial Chamber I on 3 March 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

On 6-7 March 2014, ICC President Judge Sang-Hyun Song participated in a Workshop on the Universality of the Rome Statute of the International Criminal Court and the Kampala Amendments on the Crime of Aggression in the Pacific Region, in Auckland, New Zealand, organised by the Governments of New Zealand, Liechtenstein and the Global Institute for the Prevention of Aggression. Pictured here is ICC President Song speaking at the event © ICC-CPI

5 Other Statements and Events

Statement by the International Criminal Court on the occasion of International Women’s Day

On the occasion of International Women’s Day on 8 March 2014, the International Criminal Court (“ICC” or the “Court”) wishes to express its full support for the 2014 United Nations theme for International Women’s Day: “Equality for women is progress for all”. We must all work together to unlock the potential of women, empowering them to be true agents of change playing fundamental roles at all levels of society.

By investigating and, where warranted, prosecuting sexual and gender based crimes when national judicial systems are unable or unwilling to do so, the ICC hopes to contribute to the prevention and deterrence of such crimes. These proceedings can also highlight the horrendous nature of sexual and gender based crimes, as well as their impact on victims, their families and communities, and give a voice to victims.

Along with this specific role, the Court is also a pioneer among international organisations when it comes to the promotion of gender equality in an international work environment. The ICC is the first, and thus far the only, major international judicial institution with the majority of its judges being female. Women play pivotal roles at the ICC. The First Vice-President of the Court, the Prosecutor, and the President of the Assembly of States Parties to the Rome Statute are all women, as are nearly half of ICC staff. The ICC is proud of these gains and has benefited immensely from the important contribution of its female leaders and women in its workforce. To further build on this trajectory, we will continue to encourage female applicants from all parts of the world to seek professional opportunities at the ICC.

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, providing an update on the ICC-OTP Policy Paper on Sexual and Gender-Based Crimes

Since assuming my mandate as Prosecutor of the International Criminal Court (ICC), I have made the need to devise and implement a policy on sexual violence and gender based crimes an Office priority. To this end, on 7 February 2014, my Office published a Draft Policy Paper for public comment. I am thrilled and encouraged by the positive and overwhelming public response we have received from various entities, including States, international institutions, civil society, academia and individuals and experts around the world. This once again demonstrates the international commitment and support behind the fight against impunity for sexual violence and gender based crimes.

As we mark International Women’s Day on the 8th of March, I would like to reiterate that ending impunity for these heinous crimes is a goal that none of us can attain alone: our collective efforts and dedication is the only way we can send a clear, strong and consistent message that in this new century, acts of sexual and gender violence against women, men and children constitute serious crimes, the punishment of which we shall relentlessly pursue at both national, regional and international levels.

The mandate of my Office is to address such acts if they amount to international crimes falling under the jurisdiction of the ICC, namely, genocide, crimes against humanity and war crimes. Other instances of sexual violence and gender-based criminality deserve to be equally exposed, recognised and comprehensively addressed by national authorities and other relevant actors.

The implementation of the aforementioned policy paper, as finalised, will help our collective efforts to advance justice and to respond to the urgent needs expressed by victims of all forms of sexual violence and gender-based crimes for recognition and accountability. Furthermore, we hope that this policy paper will provide guidance and clarity regarding the on-going and future investigations and prosecutions of these crimes for all relevant actors.

I would like to take this opportunity to thank all those who have provided us with their invaluable input on the policy paper. My Office is working assiduously to review, consider, and incorporate your suggestions, as appropriate, over the coming weeks. A final version of the policy paper will be made public in the near future.

We owe a duty to humanity to eradicate sexual violence and gender based crimes, and to erase them from the realm of the possible, once and for all. Together, we can successfully fulfil that pledge.

For further information, please contact: [email protected].

​​​Source: Office of the Prosecutor

6 Calendar

Calendar

Judicial developments • 5 May 2014 Trial to open in the case against Abdallah Banda Abakaer Nourain

View the online ICC hearing schedule

The calendar is subject to last-minute changes.

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