Le Bureau du Procureur The Office of the Prosecutor OTP Briefing Issue #128 NEWS 24 July ‐ 7 August OTP Press Conference in Nairobi 2012 26 July ‐ The OTP held a press conference in Nairobi, during which Mr. Phakiso OTP Press Conference Mochochoko, Director of the Jurisdiction, Complementarity and Cooperation Division in Nairobi warned the accused the OTP was monitoring whether they violated any of their summons conditions. He further stressed that there is no immunity for ICC crimes Lubanga case: Trial irrespective of an individual’s position held either as head of State or Government. Chamber I issues first ICC decision on Mr. Mochochoko also indicated the OTP delegation had met with Attorney‐General reparation for victims Githu Muigai and the Cabinet Sub‐Committee on the ICC to discuss cooperation, witness related issues and OTP’s future activities in Kenya. He indicated that there were still pending and delayed requests for cooperation. Additionally, the OTP called upon the Government of Kenya to publicly warn those who intimidate/threaten witnesses that they are committing a crime under Kenyan laws and that they would be prosecuted. Mr. Mochochoko repeated that it was for the people of Kenya to decide who runs for elections and who to elect as their leader. He further stated that the setting of trial dates in April had nothing to do with Kenya’s election date. The decision on trial dates of 10 and 11 April 2013 was based on the Court’s calendar and workt tha still needs to be done to allow all parties to be ready for trial. The Director of JCCD also indicated that the OTP was aware of threats against witnesses as the trials approach. He stated the Office takes witness protection seriously and would ensure the necessary measures are taken to safeguard those at risk. He warned that those trying to intimidate witnesses or obstruct the work of the OTP would be held accountable. Addressing the AU’s move to expand the jurisdiction of the African Court on Human and Peoples’ Rights which would assume responsibility for adjudicating the ICC’s current Kenya cases, Mr. Mochochoko indicated that transfer of cases from ICC jurisdiction can only take place if procedures and Statutory criteria for doing so are fully met. Should a request be made, it would be for judges to determine whether such procedural requirements and criteria may be met. In closing, Mr. Mochochoko indicated that the OTP was focusing on consolidating its cases against the four and preparing for trial. Lubanga case: Trial Chamber I issues first ICC decision on reparations for victims 7 August ‐ Trial Chamber I decided, for the first time in proceedings at the ICC, on the principles that are to be applied to reparations for victims in the context of the case against Thomas Lubanga Dyilo. The Chamber ordered that proposals for reparations, as advanced by the victims themselves, are to be collected by the Trust Fund for Victims and presented to a newly‐constituted Trial Chamber I for approval. Reparations will then be implemented through the resources of the Trust Fund for Victims that are available for this purpose. The Chamber considered that it is of paramount importance that the victims, together with their families and communities, participate in the reparations process, and they should be able to express their particular points of view and communicate their priorities. In accordance with the Chamber’s decision, the potential beneficiaries of an order for reparations are the direct and indirect victims who suffered harm following the crimes of enlisting, conscripting and using children under the age of 15 in Ituri in the DRC, from 1 September 2002 to 13 August 2003. This includes the family members of direct victims, along with individuals who intervened to help the victims or to prevent the commission of these crimes. The principles established by the Chamber particularly stress the need to ensure that reparations are implemented without any discrimination as regards age, ethnicity or gender, and they should be directed at reconciling the victims of child recruitment and their families and communities in Ituri, whilst preserving their dignity and privacy. Furthermore, the reparations measures are to be formulated taking into account the age of the victims and the sexual violence that they may have suffered, along withe th need to rehabilitate the former child soldiers within their communities. The Chamber has determined that in the present case reparations are to be implemented through the Trust Fund for Victims, within the limits of its resources. Trial Chamber I highlighted that in order for the reparations award to have effect, the States Parties – including particularly the DRC – and non‐states parties must cooperate, and the Trust Fund will need to receive sufficient voluntary contributions in order to be able to implement a meaningful and efficient reparations programme. OTP Activities OVERVIEW 7 situations under investigation 15 cases in relation to 24 persons 12 outstanding arrest warrants 8 preliminary examinations in 4 different continents Phases 1 case before Pre‐Trial Chambers 6 cases before Trial Chambers 1 verdict I. Preliminary Examinations Preliminary examinations refer to the analytical process by which the OTP assesses whether there is a reasonable basis to proceed with an investigation in a given situation. In accordance with Article 15 of the Statute, the OTP proactively gathers and evaluates information from multiple sources, including “communications” from individuals and parties concerned (phase 1 – initial review). Following a sequential process, and irrespective of the mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal criteria laid out in Article 53 of the Statute, namely temporal/territorial/personal jurisdiction (phase 2a), subject‐matter jurisdiction (phase 2b), admissibility, including complementarity and gravity (phase 3) and the interests of justice (phase 4). Currently, the OTP is conducting preliminary examinations into eight situations: Afghanistan, Honduras, Korea, Nigeria and Mali (phase 2b), Colombia, Georgia and Guinea (Phase 3) II. Investigations and Prosecutions 1. Situation in the Democratic Republic of the Congo (DRC) – Referred: April 2004 Investigation Opened: June 2004 Trials The Prosecutor v Thomas Lubanga Dyilo – charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002 – 2003 Status: Judgment delivered on 14 March 2012 The Prosecutor v Germain Katanga and Mathieu Ngudjolo Chui – charged with war crimes and crimes against humanity committed during the attack of the village of Bogoro in the Ituri region on 24 February 2003 Status: Defence case presentation concluded, closing oral statements set from 15 to 23 May 2012 Warrants Pending The Prosecutor v Bosco Ntaganda – charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities committed in the Ituri region 2002‐2003; a second warrant was issued to include war crimes of murder, attacks against the civilian population, rape and sexual slavery, and pillaging, as well as crimes against humanity of murder, rape and sexual slavery, and persecution Issued: 22 August 2006 & 13 July 2012 The Prosecutor v Sylvestre Mudacumura – charged with war crimes of attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrages against personal dignity committed in North and South Kivu Provinces of the DRC between 20 January 2009 and end of September 2010 Issued: 13 July 2012 2. Situation in Uganda – Referred: January 2004 Investigation opened: July 2004 Warrants Pending The Prosecutor v Joseph Kony et al. – charged with war crimes and crimes against humanity committed during LRA’s insurgency activities in Northern Uganda 2002 – 2004 Issued: 8 July 2005. On 11 July 2007, Pre‐Trial Chamber I ordered to terminate the proceedings against Raska Lukwiya. On 8 November 2007, the OTP submitted information to the PTC on the reported death of Vincent Otti. 3. Situation in Darfur, the Sudan – Referred: March 2005 Investigation opened: June 2005 Trial The Prosecutor v Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus – charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Status: Charges confirmed, trial date to be set Prosecution to present additional evidence The Prosecutor v Bahar Idriss Abu Garda – charged with war crimes committed during an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007 Warrants Pending The Prosecutor v Omar Al Bashir – charged with war crimes, crimes against humanity and genocide committed as part of the counter‐ insurgency campaign in Darfur 2003 – 2008 (at least) Issued: 4 March 2009 & 12 July 2010 The Prosecutor v Ali Kushayb and Ahmad Harun – charged with war crimes and crimes against humanity committed during the attacks against the civilian population in Darfur August 2003 – March 2004 Issued: 27 February 2007 The Prosecutor v Abdel Raheem Muhammad Hussein ‐ charged with war crimes and crimes against humanity committed during attacks against the civilian population in Darfur August 2003 – March 2004 Issued: 1 March 2012 4. Situation in the Central African Republic (CAR) – Referred: January 2005 Investigation opened: May 2007 Trial The Prosecutor v Jeane ‐Pierr Bemba Gombo – charged with war crimes