ICC-PIDS-WU-180/13_Eng Week of 15 to 19 July 2013 ICC Weekly Update #180 ICC Registrar’sStatement For furtherinformationonthisdecision, pleaseclick The fullplenarydecisionwillbefiledinduecourse. and supportotherproceedings thatare takingplacesimultaneouslyattheseatofCourt. conduct to ability Court’s the on impact the and Court the of perception the on impact potential the Court, the of Hague, the potential impact on victims and witnesses, the length of the proceedings to be held away from the seat matter, the Judges took into account numerous factors, such as security, the cost of holding proceedings outside The the ICC Registry’sassessmentaswellthepositionsofrelevant nationalauthorities.Intheirconsiderationofthe participants, and parties the all of observations the considered that discussion extensive an after conclusion this reached Judges The headquarters. ICC’s communities, the affectedat held the be shall instance to this in closer proceedings the proceedings that concluded ICC’s the bringing of favour in principle in while Judges, The to commenceon10September2013,inthepresence oftheaccused. rejectingthe Netherlands, the of the trial against William Samoei Ruto and Joshua Arap Sang will take place at the seat of the Court in The Hague, commencement the that session, plenary a in decided, have (ICC) Court Criminal International the of Judges The 15 July2013 Ruto andSangcase:Trial toopeninTheHague Ruto andSangCase Prosecutor v. UhuruMuigaiKenyatta The Prosecutor v. William Samoei Ruto and Joshua Arap Sang case the and in trial The Kenyatta withdrawn. were Muthaura Muigai Kirimi Francis Uhuru against charges the and 2013, March 18 Muthaura On trial. Kirimi to them Francis committed Sang, Arap Joshua Ruto, Samoei William against only charges the confirmed judges the 2012, January 2011,respectively.23 October On 5 to September 21 2011,and September 9 to 1 from place voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took March8 on issued appear to 2011summonses Following 2005. since Party State Kenya, citizens Kenyan six cases, separate two in March31 On Pre-Trial2010, request investigation an open to Prosecutor’s the granted II Chamber Situation inKenya Please notethattheWeekly UpdatewillnotbepublishedduringtheSummerCourtrecess.

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 William SamoeiRutoandJoshua Arap SanginICCCourtroom I©ICC-CPI/BasCzerwinski/LexVan Lieshout Audio fordownloading: Video fordownloading: For viewing: English joint defence requestdefence joint isscheduledtostarton12November2013. , Français English English , Swahili , , Français Français to hold hearings in Kenya or in Tanzania.in scheduledor is Kenya trial in The hearings hold to is scheduled to start on 10 September 2013 and the trial in the case , , Swahili here Swahili . propriomotu www.icc-cpi.int in the situation in situation the in The 1 Judicial Update

Situation in Darfur, There are four cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (””); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda; The Prosecutor v. Abakaer Nourain and Saleh Mohammed Jerbo Jamus; and The Prosecutor v. Abdel Raheem Muhammad Hussein. Five warrants of arrest have been issued by Pre-Trial Chamber I for Messrs Harun, Kushayb, Al Bashir and Hussein. The four suspects remain at large. A summons to appear was issued for Mr Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. After the confirmation of charges hearing, in February 2010, Pre-Trial Chamber I declined to confirm the charges. Two other summonses to appear were issued against Mr Banda and Mr Jerbo who appeared voluntarily on 17 June 2010; the confirmation of charges hearing took place on 8 December 2010. On 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. The trial in the case The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus is scheduled to start on 5 May 2014.

ICC Prosecutor: Attacks against peacekeepers may constitute war crimes

19 July 2013

The Prosecutor of the International Criminal Court (ICC) Fatou Bensouda condemns the killing of seven United Nations (UN) peacekeepers from Tanzania and the wounding of 17 military and police personnel of the —United Nations Hybrid Operation in Darfur (UNAMID) on 13 July in South Darfur. The UNAMID joint patrol came under heavy fire from a large unidentified group. Following an extended firefight the patrol was eventually extracted after UNAMID reinforcement arrived. As the United Nations has emphasised, the incident was one of the most serious attacks against the AU-UN peacekeepers since their deployment, and the third in just the past three weeks. The Prosecutor reminds all parties to the conflict that the International Criminal Court has jurisdiction in Darfur pursuant to Security Council Resolution 1593 and that the intentional directing of attacks against peacekeepers may constitute war crimes. The Office will not hesitate to investigate and prosecute those alleged to have committed such crimes should the national authorities fail to. The Prosecutor calls on the Government of Sudan to carry out a prompt and full investigation and to hold all those responsible to account. The latest incident brings the total number of UNAMID peacekeepers killed since 2007 to 54.

The Office of the Prosecutor is currently investigating and prosecuting crimes in the Democratic Republic of Congo, Uganda, Central African Republic, Darfur region of Sudan, Kenya, Libya, Ivory Coast and Mali. The Office is also conducting preliminary examinations analysing alleged crimes committed on the territories of Honduras, Korea, Afghanistan and Comoros; and assessing whether genuine national proceedings are being carried out in Guinea, Colombia, Nigeria and Georgia. In particular, the Office is currently prosecuting a case involving an attack against African Union peacekeepers in Haskanita, Darfur, in 2007, allegedly led by Abdallah Banda and Saleh Jerbo. The trial is set to start in May 2014.

[email protected]

Source: Office of the Prosecutor

Al Bashir Case

Pre-Trial Chamber II requests Nigeria to immediately arrest Omar Al Bashir

On 15 July 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) requested the Federal Republic of Nigeria to immediately arrest Sudanese President Omar Al Bashir, on visit to Abuja (Nigeria) and to surrender him to the ICC. Omar Al Bashir faces charges of war crimes, crimes against humanity and genocide, allegedly committed in Darfur (Sudan).

The Chamber recalled that Nigeria is a State party to the Rome Statute since 2001, and has the obligation to execute the Court’s orders. The Chamber also noted that the situation in Darfur was referred to the ICC by resolution 1593 of the United Nations Security Council and that, according to article 87(7) of the Rome Statute, "[w]here a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute [...] the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council".

The Chamber instructed the ICC Registrar to immediately transmit the decision to the Nigerian authorities, and to prepare a report to the Chamber concerning Omar Al Bashir's visit to the Federal Republic of Nigeria.

2 Judicial Update

President of the Assembly calls upon the Government of Nigeria to respect its obligations under the Rome Statute

In light of the visit of the President of Sudan, Mr. Omar Hassan Ahmed Al-Bashir to Abuja, Nigeria, from 14-16 July 2013, the President of the Assembly of States Parties to the Rome Statute of the International Criminal Court, Ambassador Tiina Intelmann, recalled that two warrants of arrest were outstanding against Mr. Omar Al-Bashir.

In her letter to H.E. Mr Olugbenga Ashiru, Minister of Foreign Affairs of Nigeria, the President of the Assembly reminded the Government of Nigeria of its commitment, as a State Party to the Rome Statute, to cooperate with the Court. The Assembly had repeatedly expressed concerns regarding the negative consequences that failure to comply with decisions of the Court had on the Court’s capability to carry out its mandate.

As President of the Assembly, she deplored the visits of persons subject to arrest warrants of the Court to any State Party. “I call upon the Government of Nigeria to respect and fully comply with its Rome Statute obligations, and I renew my appeal to States Parties and others in a position to do so to join efforts to prevent instances of non-cooperation”, the President said, speaking in New York.

Source: Assembly of States Parties

Decisions and orders

Decision Regarding Omar Al-Bashir's Visit to the Federal Republic of Nigeria Issued by Pre-Trial Chamber II on 15 July 2013

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 custody of the Court. 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. A decision on Libya’s challenge to the admissibility of the case against Abdullah Al-Senussi before the ICC is also expected to be made in due course. On 14 June 2013, Pre-Trial Chamber I decided that Libya may postpone the execution of the surrender request of Abdullah Al-Senussi pending the determination by the Chamber of the admissibility challenge.

Saif Al-Islam and Al-Senussi Case

ICC Appeals Chamber rejects the Libyan authorities’ request to suspend the surrender of Saif Al-Islam Gaddafi to the Court

عريب

On 18 July 2013, the Appeals Chamber of the International Criminal Court (ICC) rejected the Libyan authorities’ request to suspend the surrender of Saif Al-Islam Gaddafi and recalled that Libya is currently obliged to surrender Mr Gaddafi to the Court.

The Libyan authorities had filed, on 7 June 2013, a request for suspensive effect pending the outcome of its appeal against the Pre-Trial Chamber’s decision rejecting the Libyan admissibility challenge regarding the case against the suspect. The Appeals Chamber was not convinced by the reasons provided as to why the surrender of Mr Gaddafi to the Court would create, for the Libyan authorities, an irreversible situation or one that would be very difficult to correct.

For further information on this case, please click here.

Decisions and orders

Decision on Libya's request for leave to file a consolidated reply Issued by Pre-Trial Chamber I on 16 July 2013

Order in relation to the filing of victims' observations and the request pursuant to rule 103 of the Rules of Procedure and Evidence Issued by the Appeals Chamber on 16 July 2013

3 Judicial Update

Decision on the request for suspensive effect and related issues Issued by the Appeals Chamber on 18 July 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. 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 evidence or conducting further investigation with respect to the charges presented against Laurent Gbagbo. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest against for four charges of crimes against humanity allegedly committed in the territory of Côte d'Ivoire between 16 December 2010 and 12 April 2011. The suspect is not in the ICC detention.

Decisions and orders

Laurent Gbagbo Case Decision on the "Prosecution's request pursuant to Regulation 35 for variation of time limit to submit a request for redactions to the transcripts of interviews of two witnesses" Issued by Pre-Trial Chamber I on 15 July 2013

Decision on the Presiding Judge of the Appeals Chamber in relation to the "Requête aux fins de prorogation des délais déterminés par la Norme 64(5) du Règlement, de façon à ce qu'ils courent à partir de la rentrée judiciaire, fixée au lundi 12 août 2013" and related proceedings Issued by the Appeals Chamber on 18 July 2013

Public redacted version - Decision on the "Requête aux fins de prorogation des délais déterminés par la Norme 64(5) du Règlement, de façon à ce qu'ils courent à partir de la rentrée judiciaire, fixée au lundi 12 août 2013" Issued by the Appeals Chamber on 18 July 2013

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. In the only case in this situation, The Prosecutor v. Jean-Pierre Bemba Gombo, Pre-Trial Chamber II confirmed, on 15 June 2009, two charges of crimes against humanity and three charges of war crimes, and committed the accused to trial before Trial Chamber III. The trial started on 22 November 2010.

Decisions and orders

Bemba Case Decision on the timeline for the completion of the defence's presentation of evidence and issues related to the closing of the case Issued by Trial Chamber III on 16 July 2013

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

4 International Criminal Justice Day

International Criminal Justice Day

Statement from the President: International Criminal Justice Day

Fifteen years ago, on 17 July 1998, history was made. Gathered in Rome, Italy, the international community agreed on the creation of a permanent international court with a mandate to punish the perpetrators of the most inhumane crimes imaginable and to provide reparations to the victims of such acts.

By adopting the Rome Statute of the International Criminal Court, the world embarked upon an audacious plan to create a global justice system based on international cooperation aimed at holding accountable those responsible for genocide, war crimes and crimes against humanity.

Many said that this was an impossible task, that the adversity could not be overcome. But the global justice project proved strong. The International Criminal Court (ICC) today is a vibrant, independent international organizationwith122 member states – and many more have expressed their intention to Judge Sang-Hyun Song, President of the join. ICC © ICC-CPI

With eight on-going investigations, eight preliminary examinations, and the issuance of 23 arrest warrants and nine summonses to appear, the ICC is undertaking more investigations and conducting more proceedings involving more suspects than ever before.

More than 12,000 applications for participation in proceedings as a victim and more than 9,000 applications for reparations were received. More than 5,000 victims are participating in ICC proceedings, giving them a voice in the courtroom. The Trust Fund for Victims is providing support to an estimated 80,000 victims of crimes under the ICC's jurisdiction.

The story of the International Criminal Court gives us hope; it is proof that audacious goals can be achieved.

While we have come a long way, we cannot afford complacency. Make no mistake – the ICC faces threats today as real as ever before. There are those who seek to undermine the international justice movement, who politicise its action, who question its value, and who purport to speak for the victims it serves. There are those who refuse to cooperate, leaving more than ten ICC suspects still at large.

That is why on this day – 17 July – it is worth pausing to gather our resolve and to affirm why we must not waiver in pursuit of justice.

We do this because we recognise the power of justice to bring a measure of peace to the thousands of children, women and men who have been made victims by crimes we do not dare to imagine, who have borne suffering we cannot bear to comprehend.

We do this because we know that accountability deters crime, and that we have a duty to the future generations who deserve to live their lives free from fear.

We do this because we know that assertions of power through violence and brutality can be no way to a negotiating table, or a seat in the international community.

As expressed by many international personalities, the ICC’s presence is felt around the globe, encouraging domestic authorities to pursue accountability, pushing groups to renounce violence and embrace political solutions, and deterring leaders from the commission of grave atrocities.

Ensuring accountability is a process which we must pursue ceaselessly, and on this day, I am thankful to the people without whom justice would never persevere.

I am thankful to the victims for their endurance, support and participation. I am thankful to the witnesses who make tremendous sacrifices so that the truth can be revealed, and accountability brought to bear. I am thankful to civil society for their tireless efforts to build support and move us forward, and I am thankful to the leaders and diplomats who hear their voices, and translate their words into action.

International criminal justice is not owned by any one culture, nor driven by any one people. It is an ideal which is intensely human; it is why the International Criminal Court has been embraced across all the world’s continents.

5 International Criminal Justice Day

We have travelled a long way down the path of accountability, but it is a journey which will never be complete. We see obstacles on our way, but know they will be overcome. We have always moved forward, and we take no backward steps, because our eyes are fixed on the cause, because we travel this path together, and because we do so with conviction.

I am honoured to have your company on the road.

Source: Presidency

Celebrations of International Criminal Justice Day in the Democratic Republic of the Congo (DRC)

As part of the celebrations of the Day of International Criminal Justice, the Outreach Unit of the International Criminal Court (ICC) organized a photo exhibition on 17 and 18 July 2013 in Kinshasa (DRC). In addition to the photographs on display, guests were also able to watch videos of ICC hearings, ask questions to ICC staff, and receive ICC information materials. Visitors included NGO partners and media representatives. The Outreach Unit is planning to move this exhibition to a number of other locations in the capital.

In Bunia, on 17 July 2013, the Outreach Unit of the ICC held a Celebrations of International Criminal Justice Day on 17 July 2013 in meeting and Kinshasa (DRC) © ICC-CPI discussion with various local human rights organizations to mark International Criminal Justice Day, with the participation of the Presidents of the military court and of the juvenile court in Ituri.

A highlight of the celebrations was the presentation of a theatre play entitled "ICC, our hope" to the public and the interpretation by a local band of a song Celebrations of International Criminal Justice Day on 17 July 2013 in against impunity for serious crimes. Bunia (DRC) © ICC-CPI

International Criminal Justice Day event held in Kenya

An outreach event was held on 17 July 2013 in Nairobi (Kenya) for International Criminal Justice Day. Left: Event’s participants. Right: ICC Field Outreach Coordinator speaking at the event © ICC-CPI

On 17 July 2013, in Nairobi (Kenya), an outreach session was jointly organised by the Outreach Unit of the International Criminal Court (ICC), the Kenya Human Rights Commission (KNHR) and Kenyans for Peace Truth and Justice (KPTJ). The session was attended by more 85 persons including civil society organisations, affected communities, victims’ intermediaries and journalists. Discussions at the event focused on justice for victims and ways victims’ voices to be heard in justice processes. Part of the session also showcased an ICC photo exhibition about the anniversary of the Rome Statute.

6 International Criminal Justice Day

Ugandans mark International Justice Day

A public dialogue on the ICC and Africa was held on 17 July 2013 in Kampala (Uganda) to mark International Criminal Justice Day © ICC-CPI

On 17 July 2013, the Outreach unit of the International Criminal Court (ICC) in Uganda jointly with its partners - the Uganda Coalition on the International Criminal Court (UCICC) and Avocats Sans Frontières (ASF) organized a public dialogue in Kampala (Uganda) to mark International Criminal Justice Day, commemorating the anniversary of the adoption of the Rome Statute, the founding treaty of the ICC.

More than a hundred participants including Members of Parliament, diplomats and civil society actors attended this dialogue that brought together a high-level panel to discuss the African Union's relationship with the ICC. International criminal law experts on the panel included: Ms Ruth Sebatindira, President of the Uganda Law Society; Dr Brian Kalenge, Lecturer at Uganda Christian University Mukono, Ms Sarah Kihika, Program Associate International Centre for Transitional Justice; Mr Dismas Nkunda, Executive Director International Refugee Rights Initiative and columnist for the Observer Newspaper and Mr J.B. Kakooza, Advocate and columnist for the Sunday Vision.

ASF Head of Mission Ismene N. Zarifis opened the dialogue by reiterating ASF's strong commitment towards a victim-centred approach to international justice. Ms Zarifis emphasised ASF's support for the establishment of institutions and mechanisms that allow access to independent and impartial justice and guarantee the protection of fundamental rights. "Our International Justice Project seeks to promote the application of the Rome Statute in Uganda, enhance the effectiveness of the ICC in the field with emphasis on promoting the complementarity principle through institution strengthening capacity building and technical assistance," she noted.

In her statement, Chairperson of the Parliamentary Committee on Human Rights Hon Jovah Kamateeka highlighted the key role that the ICC is playing to fight against impunity on the globe. Hon Kamateeka stressed the need for the Court to stick to its judicial mandate and not to be diverted by political actors. Several participants made similar recommendations with the view of strengthening the work of the Court.

7 Calendar

Calendar

Judicial developments • 19 July - 12 August 2013 Judicial Summer Recess 2013 • 10 September 2013 Scheduled opening of the trial of William Samoei Ruto and Joshua Arap Sang • 12 November 2013 Scheduled opening of the trial of Uhuru Muigai Kenyatta • 10 February 2014 Scheduled start of the confirmation of charges hearing in the case againstBosco Ntaganda • 5 May 2014 Scheduled opening of the trial of Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

View the online ICC hearing schedule

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. 8 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