International Criminal Court investigations

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Map of countries where the ICC is currently investigating situations.
ICC investigations and examinations (situation as of October 2015)
Green: Official investigations (Uganda, DR Congo, Central African Republic, Darfur (Sudan), Kenya, Libya, Côte d'Ivoire and Mali)
Light red: Ongoing preliminary examinations (Afghanistan, Colombia, Georgia, Guinea, Iraq, Nigeria, Palestine, and Ukraine
Dark red: Closed preliminary examinations which have not resulted in an investigation (Comoros, Honduras, Korea, and Venezuela)

So far, the International Criminal Court opened investigations into ten situations: the Democratic Republic of the Congo; Uganda; Central African Republic I and II; Darfur, Sudan; Kenya; Libya; Côte d'Ivoire; Mali; and Georgia.[1] Additionally, the Office of the Prosecutor is conducting preliminary examinations in eight matters in Afghanistan, Burundi, Colombia, Guinea, Iraq, Nigeria, Palestine and Ukraine.[2][3]

The Court's Pre-Trial Chambers publicly indicted 39 people. The ICC has issued arrest warrants for 31 individuals and summonses to eight others. Seven persons are in detention. Proceedings against 25 are ongoing: nine are at large as fugitives, four are under arrest but not in the Court's custody, two are in the pre-trial phase, seven are at trial, and one has been convicted and is awaiting sentencing. Proceedings against 14 have been completed: two have been convicted, one has been acquitted, four have had the charges against them dismissed, two have had the charges against them withdrawn, two has had his case declared inadmissible, and three have died before trial.

As of September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".[4]

Overview

Detailed summary of investigations[note 1] and prosecutions by the International Criminal Court
Situation Individuals
indicted
[note 2]		 Indicted[note 3] [note 4] Transfer to ICC
Initial appearance
[note 5]		 Confirmation of charges hearing
Result		 Trial
Result		 Appeal hearings
Result		 Current status Ref.
Date G CAH WC OAJ
Democratic Republic of the Congo
Investigation article		 Thomas Lubanga Dyilo 10 February 2006 — — 3 — 17 March 2006
20 March 2006		 9-28 November 2006
confirmed 29 January 2007		 26 January 2009 – 26 August 2011
convicted 14 March 2012
sentenced 10 July 2012		 19–20 May 2014
verdict and sentence confirmed
1 December 2014		 Convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; release from custody in the DRC not before 22 September 2017 and not later than 16 March 2020 [5] [6] [7]
Bosco Ntaganda 22 August 2006
13 July 2012		 — 3 7 — 22 March 2013
26 March 2013		 10-14 February 2014
confirmed
9 June 2014		 began
2 September 2015		 In ICC custody; charges confirmed; trial before Trial Chamber VI ongoing [8]
Germain Katanga 2 July 2007 — 3 6 — 17 October 2007
22 October 2007		 27 June–18 July 2008
confirmed 26 September 2008		 24 November 2009 – 23 May 2012
convicted 7 March 2014
sentenced 23 May 2014		 Appeals by Prosecution and Defence discontinued Convicted and sentenced to 12 years imprisonment; decision final; reparations regime to be established; ICC-related sentence served (after 8 years, 4 months); remains in custody of DRC authorities due to other charges [9] [10] [11]
Mathieu Ngudjolo Chui 6 July 2007 — 3 6 — 6 February 2008
11 February 2008		 24 November 2009 – 23 May 2012
acquitted 18 December 2012		 21 October 2014
acquittal confirmed 27 February 2015		 Acquitted by Trial Chamber II, decision final [12]
Callixte Mbarushimana 28 September 2010 — 5 6 — 25 January 2011
28 January 2011		 16-21 September 2011
dismissed 16 December 2011		 Proceedings finished with charges dismissed, released [note 6] [13] [14]
Sylvestre Mudacumura 13 July 2012 — — 9 — Fugitive [15]
Uganda
Investigation article		 Joseph Kony 8 July 2005 — 12 21 — Fugitive [16]
Okot Odhiambo — 3 7 — Proceedings finished; died on 27 October 2013
Raska Lukwiya — 1 3 — Proceedings finished; died on 12 August 2006
Vincent Otti — 11 21 — Fugitive, reportedly died in 2007
[17]
Dominic Ongwen — 3 4 — 21 January 2015
26 January 2015		 21–27 January 2016
confirmed
23 March 2016		 to begin
6 December 2016		 In ICC custody; charges confirmed; trial before Trial Chamber IX to start [18] [19]
Central African Republic Jean-Pierre Bemba 23 May 2008
10 June 2008		 — 3 5 — 3 July 2008
4 July 2008		 12-15 January 2009
confirmed 15 June 2009		 22 November 2010 – 13 November 2014
convicted
21 March 2016		 Convicted, in ICC custody, sentencing to follow [20]
20 November 2013 — — — 2 23 November 2013
27 November 2013		 in writing
confirmed
11 November 2014		 began
29 September 2015
to be closed
2 June 2016		 In ICC custody, charges confirmed, trial before Trial Chamber VII ongoing [21] [22]
Aimé Kilolo Musamba — — — 2 25 November 2013
27 November 2013		 Released from ICC custody, charges confirmed, trial before Trial Chamber VII ongoing
Fidèle Babala Wandu — — — 2
Jean-Jacques Mangenda Kabongo — — — 2 4 December 2013
5 December 2013
Narcisse Arido — — — 2 18 March 2014
20 March 2014
Darfur, Sudan
Investigation article		 Ahmed Haroun 27 April 2007 — 20 22 — Fugitive [23]
Ali Kushayb — 22 28 —
Omar al-Bashir 4 March 2009
12 July 2010		 3 5 2 — Fugitive [24]
Bahr Idriss Abu Garda 7 May 2009
(summons)		 — — 3 — 18 May 2009 19-29 October 2009
dismissed 8 February 2010
 Proceedings finished with charges dismissed [note 6] [25]
Abdallah Banda 27 August 2009
(summons)
11 September 2014
(warrant of arrest)		 — — 3 — 17 June 2010 8 December 2010
confirmed 7 March 2011		 At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin [26]
Saleh Jerbo 27 August 2009
(summons)		 — — 3 — Proceedings finished; died on 19 April 2013
Abdel Raheem Muhammad Hussein 1 March 2012 — 7 6 — Fugitive [27]
Kenya
Investigation article		 William Ruto 8 March 2011
(summons)		 — 4 — — 7 April 2011 1-8 September 2011
confirmed 23 January 2012		 10 September 2013 –
5 April 2016
(terminated)		 Proceedings terminated with no prejudice to re-prosecution, appeal possible [28] [29]
Joshua Sang — 4 — —
Henry Kosgey — 4 — — 1-8 September 2011
dismissed 23 January 2012		 Proceedings finished with charges dismissed [note 6]
Francis Muthaura 8 March 2011
(summons)		 — 5 — — 8 April 2011 21 September – 5 October 2011
confirmed 23 January 2012		 Proceedings finished with confirmed charges withdrawn before trial [30]
Uhuru Kenyatta — 5 — —
Mohammed Hussein Ali — 5 — — 21 September – 5 October 2011
dismissed 23 January 2012		 Proceedings finished with charges dismissed [note 6]
Walter Barasa 2 August 2013 — — — 3 Fugitive [31]
Paul Gicheru 10 March 2015 — — — 6 Arrested on 30 July 2015, in custody of Kenyan authorities [32]
Philip Kipkoech Bett — — — 4
Libya Muammar Gaddafi 27 June 2011 — 2 — — Proceedings finished; died on 20 October 2011 [33]
Saif al-Islam Gaddafi — 2 — — Arrested on 19 November 2011, in custody of Libyan authorities
Abdullah Senussi — 2 — — Proceedings finished with case held inadmissible
Ivory Coast Laurent Gbagbo 23 November 2011 — 4 — — 30 November 2011
5 December 2011		 19–28 February 2013
confirmed
12 June 2014		 began
28 January 2016		 In ICC custody; charges confirmed; trial before Trial Chamber I ongoing [34] [35]
Charles Blé Goudé 21 December 2011 — 4 — — 22–23 March 2014
27 March 2014		 29 September –
2 October 2014
confirmed
11 December 2014
Simone Gbagbo 29 February 2012 — 4 — — Arrested on 11 April 2011, in custody of Ivorian authorities [36]
Mali
Investigation article		 Ahmad al-Faqi 18 September 2015 — — 1 — 26 September 2015
30 September 2015		 1 March 2016
confirmed
24 March 2016		 In ICC custody; charges confirmed; trial before Trial Chamber VIII to start [37] [38]
Central African Republic II Investigation initiated [39]
Georgia Investigation initiated [40]

Notes

  1. ↑ A situation is listed here if the Prosecutor of the Court has opened an investigation.
  2. ↑ Obviously, only persons who are publicly indicted are listed. The Court can issue an indictment under seal.
  3. ↑ If not otherwise noted, the indicted is wanted by warrant of arrest.
  4. ↑ The International Criminal Court does currently not have jurisdiction regarding the crime of aggression. An amendment to the Rome Statute to expand the ICC's jurisdiction towards that crime is currently in the process of ratification. Under no circumstances will the Court be able to actually exercise jurisdiction before 1 January 2017.
  5. ↑ If there was a warrant of arrest, the dates of transfer to the International Criminal Court (in italics) and of the initial appearance are given. In case of a summons to appear, only the date of the initial appearance is given.
  6. ↑ 6.0 6.1 6.2 6.3 According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence."

How an investigation is opened

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See also: Complaints to the International Criminal Court

The Prosecutor may open an investigation under three circumstances:[41]

  • when a situation is referred to him/her by a state party;
  • when a situation is referred to him/her by the United Nations Security Council, acting to address a threat to international peace and security; or
  • when the Pre-Trial Chamber authorises him/her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.

Of the nine situations the Prosecutor has investigated to date, five were referred by states parties, two were referred by the Security Council, and in two the Pre-Trial Chamber authorised him/her to open an investigation based on information received from other sources.

Summary of referrals of situation by the United Nations Security Council
Situation Date of referral UNSC Res. Votes For Against Abstained
Darfur, Sudan 31 March 2005 1593 11-0-4 Argentina Benin Denmark France Greece JapanPhilippines Romania Russia Tanzania United Kingdom Algeria Brazil China United States
Libya 26 February 2011 1970 15-0-0 Bosnia and Herzegovina Brazil China Colombia France Gabon Germany India Lebanon Nigeria Portugal Russia South Africa United Kingdom United States

Active investigations

Timeline of ICC situations and cases

Uganda

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Main article: International Criminal Court investigation in Uganda

In December 2003, the government of Uganda, a state party, referred to the Prosecutor the situation concerning the Lord’s Resistance Army in Northern Uganda.[42] The Prosecutor decided to open an investigation into this matter on 29 July 2004, and on 5 July the situation was assigned to Pre-Trial Chamber II.

On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:[43]

  • Leader Joseph Kony committed the crimes against humanity of murder, enslavement, sexual enslavement, rape and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians, pillage, inducing rape and enlisting child soldiers
  • Kony's deputy, Vincent Otti, committed the crimes against humanity of murder, sexual enslavement and serious bodily injury and the war crimes of inducing rape, attacking civilians, enlisting child soldiers, cruel treatment of civilians, pillage and murder
  • Army Commander of the LRA, Okot Odiambo committed the crime against humanity of enslavement and war crimes of attacking civilians, pillage and enlisting child soldiers; Odiambo reportedly led an attack on Barlonyo refugee camp (Aromo sub-county, Erute north constituency,Lira District) in February 2004 when more than 300 people were massacred.
  • LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians, attacking civilians and pillage
  • LRA commander Dominic Ongwen committed the crimes against humanity of murder, enslavement and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians and pillage

None of the indictees have yet been arrested but Lukwiya was killed in fighting on 12 August 2006,[44][45] and Otti is said to have been killed in 2007, apparently by Kony.[46] The other three suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.

The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency.[47] The government of Uganda says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.[48]

Democratic Republic of the Congo

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Main article: International Criminal Court investigation in the Democratic Republic of the Congo

In March 2004, the government of the Democratic Republic of the Congo, a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.”[49][50] On 23 June, the Prosecutor decided to open an investigation into the matter and on 4 July the case was allocated to Pre-Trial Chamber I. In February 2008, at the time of the arrest of the third suspect, the Prosecutor announced that this arrest had closed the ICC investigations in Ituri.[51]

Thomas Lubanga

On 17 March 2006, Thomas Lubanga, former leader of the Union of Congolese Patriots militia in Ituri, became the first person to be arrested under a warrant issued by the court and the first suspect to face trial at the ICC. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crime of using child soldiers. He was flown to the court the same day in a French military aircraft.[52] The prosecutor has stated that his trial will only be on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.[53]

Originally, Lubanga's trial was due to begin on 23 June 2008,[54] but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.[55] The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial".[55] The Court lifted this suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.[56][57]

On 14 March 2012, the Court, by unanimous verdict of the Trial Chamber, found Lubanga guilty as a co-perpetrator in the use of child soldiers.[58]

Germain Katanga and Mathieu Ngudjolo Chui

Lua error in package.lua at line 80: module 'strict' not found. Two more participants in the Ituri conflict, Germain Katanga and Mathieu Ngudjolo Chui, have also been surrendered to the Court by the Congolese authorities.[59][60] Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved.[61][62] The charges against both men include murder, sexual slavery and using children under the age of fifteen years to participate actively in hostilities.[59][60]

Katanga, the former leader of the Ngiti-majority Front for Patriotic Resistance of Ituri militia, was transferred to the Court on 17 October 2007;[59] Ngudjolo, former leader of the National Integrationist Front, was transferred to the Court on 6 February 2008.[60] The hearing to confirm the charges against them began on 27 June 2008.[63] The trial against the two men started on 24 November 2009.

Callixte Mbarushimana

On 20 August 2010, the Prosecutor requested Pre-Trial Chamber I to issue a warrant of arrest against Callixte Mbarushimana. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day French authorities arrested Mbarushimana.[64] The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing was held from 16 to 21 September 2011. By a 2 to 1 majority, Pre-Trial Chamber I ruled on 16 December 2011 that the confirmation was declined. After the Prosecutor's appeal against the decision was rejected, Mbarushimana was released on 23 December 2011.[65]

Central African Republic

In December 2004, the government of the Central African Republic, a state party, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute."[66]

On 13 April 2006 the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse and Congolese Vice-President Jean-Pierre Bemba said that they could not secure the arrest of the suspects, despite international arrest warrants, and requested the ICC to take responsibility. The allegations against Bemba date to when his Movement for the Liberation of Congo rebel army was invited by Patasse into the capital Bangui to fight rebels who were fighting against Patasse. Also referred to the court were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims.[67]

Local activists from the Union of Central African Journalists (UJCA) have also accused the President, François Bozizé, of committing genocide against the inhabitants of northern Central African Republic – who supported the former regime – after seizing power in 2003, and asked the court to prosecute Bozizé.[68]

In November 2005, the Office of the Prosecutor held meetings with the government, judiciary authorities, civil society and international community representatives in CAR to gather additional information for the preliminary analysis.

In September 2006 the government of the CAR filed a complaint with the court saying the Prosecutor had failed to decide within a reasonable time whether or not to investigate. In response the pre-trial chamber ordered the prosecutor to submit a report by 15 December 2006 as to the current status of the investigation and an estimate of when a decision on whether to investigate will be made.[69]

On 22 May 2007, the Prosecutor announced his decision to open an investigation,[70][71] focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces.[72] The case has been allocated to Pre-Trial Chamber III.

On 24 May 2008, Jean-Pierre Bemba, the former Vice-President of the Democratic Republic of the Congo was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR[73] He was transferred to the ICC on 3 July 2008. His confirmation of charges hearing, taking place from 12–15 January 2009, resulted in the charges being confirmed on 15 June 2009. His trial began on 22 November 2010.[74]

Darfur, Sudan

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Main article: International Criminal Court investigation in Darfur, Sudan

On 31 March 2005, the United Nations Security Council passed Resolution 1593, referring “the situation prevailing in Darfur since 1 July 2002” to the Prosecutor.[75] The Prosecutor opened an investigation into this situation on 6 June, and the case was allocated to Pre-Trial Chamber I.

Ahmed Haroun and Ali Kushayb

In February 2007 the Prosecutor announced that two men – Sudanese humanitarian affairs minister Ahmad Muhammad Harun and Janjaweed militia leader Ali Kushayb – had been identified as key suspects, accused of war crimes and crimes against humanity.[76] On 2 May 2007, the Court issued arrest warrants for the two men.[77] However, Sudan claims the Court has no jurisdiction over this matter,[76] and refuses to hand over the suspects.[77]

In July 2008, the Chief Prosecutor applied to the Court for an arrest warrant for President of Sudan Omar al-Bashir on ten counts of genocide, crimes against humanity and war crimes. In October the Court asked the Prosecutor for more information to support the charges.[78]

Omar al-Bashir

Sudanese President Omar al-Bashir, wanted by the ICC for war crimes and crimes against humanity

On 14 July 2008, the Prosecutor accused Sudanese President Omar al-Bashir of genocide, crimes against humanity and war crimes.[79] The court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity, but ruled that there was insufficient evidence to prosecute him for genocide.[80] Al-Bashir was the first sitting head of state indicted by the ICC.[80] Al-Bashir denies all the charges, describing them as "not worth the ink they are written in".[81] In July 2009, the member-states of the African Union agreed not to co-operate in his arrest.[82][83] Nevertheless, several African Union members who are also States Parties of the ICC, including South Africa and Uganda, let it be known that al-Bashir might be arrested if he entered their territory. However, in July and August 2010 al-Bashir traveled to Chad and Kenya, neither of which turned him over to the ICC despite being States Parties; the ICC has reported both member states to the UN Security Council and the ICC Assembly of States Parties.[84]

On 3 February 2010, the Appeals Chamber of the ICC reversed the Pre-Trial Chamber's rejection of the genocide charge, ruling that the PTC had applied a too stringent standard of proof. Subsequently, the First Pre-Trial Chamber issued a second warrant of arrest against al-Bashir on 12 July 2010, in which he was charged with genocide against three ethnic groups in Darfur.[85]

Bahr Idriss Abu Garda

On 17 May 2009, it was the first time that a suspect appeared voluntarily before the Court. Bahr Idriss Abu Garda, commander of the United Resistance Front, a Darfuri rebel group, was accused of responsibility for the attack on the African Union's peace mission in Haskanita (North-Darfur) on 29 September 2007. In this attack 12 soldiers were allegedly killed and eight injured. Abu Garda denies the charge, but reported voluntarily, stating that "every leader should co-operate with justice and observe the law".[86] A summons was issued against Abu Garda, but no warrant of arrest. He was allowed to await the further proceedings while in liberty.

On 8 February 2010, Pre-Trial Chamber I of the Court ruled that there was insufficient evidence to proceed to trial on charges against Abu Garda.[87] On 23 April 2010, this Chamber also declined the Prosecutor's application to appeal the decision. Under the Rome Statute, such a move to the Appeals Chamber can only be made once leave of the Pre-Trial Chamber has been granted. Both decisions do not preclude the Prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence.[88]

Abdallah Banda and Saleh Jerbo

On 16 June 2010, two other rebel leaders came voluntarily to the Court. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), leaders of small Darfuri rebel groups, are also charged with war crimes for their alleged roles in the attack in Haskanita described above. Prosecutor Moreno Ocampo stated that their voluntary appearance was the culmination of months of efforts to secure their co-operation.[89] On 17 June 2010, they faced Pre-Trial Chamber I, which ruled that there are reasonable grounds for their prosecution. Just as in the case against Abu Garda, the Prosecutor has not made a request for warrants of arrest against them.

On 20 November 2008, the Chief Prosecutor announced his intention also to prosecute three rebel commanders from the Justice and Equality Movement for the 2007 Haskanita raids, in which 12 AMIS peacekeepers were killed.[90] In May 2009, the Court summoned the three to appear before the Court. One of these – Bahr Idriss Abu Garda – appeared voluntarily before the Court on 18 May 2009.[91][92] Abu Garda has been charged with the war crimes of attacking peacekeepers, murder and pillage.[91] The two other rebel commanders charged by the Prosecutor – Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus – appeared voluntarily before the court on 17 June 2010. On 7 March 2011, Pre-Trial Chamber I confirmed the charges against the two and committed them to trial.[93]

Kenya

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Main article: International Criminal Court investigation in Kenya

On 31 March 2010, a Pre-Trial Chamber of the International Criminal Court authorized the Prosecutor to investigate the 2007–2008 Kenyan crisis.[94] This was the first time the Prosecutor had requested such an authorization; all other investigations have been triggered by either the corresponding government or by the United Nations Security Council.

On 15 December 2010, the Prosecutor applied for summonses to appear for six alleged perpetrators: In the first case, William Ruto, Henry Kiprono Kosgey and Joshua Arap Sang are to stand trial for crimes against PNU supporters whereas, in the second case, Francis Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali are to stand trial for crimes against ODM supporters.[95] On 8 March 2011, the Pre-Trial Chamber issued summonses for all six alleged perpetrators to appear before the Court on 7 and 8 April 2011 respectively.[96]

Libya

As a consequence of the 2011 Libyan civil war and its brutal suppression, the UN Security Council voted on 26 February 2011 in Resolution 1970 unanimously to refer the situation in Libya to the ICC.[97] Other than the referral of the situation in Darfur, Sudan, to the ICC in March 2005, this is only the second time that the Security Council has referred a situation to the ICC, and the first time that it has done so unanimously. China and the United States had abstained in 2005, but this time voted in favor of referral to the ICC.[98]

On 3 March 2011, just five days after the referral of the situation, the Prosecutor opened an investigation. On 16 May 2011, the Prosecutor requested a Pre-Trial Chamber of the Court to issue warrants of arrest against Muammar Gaddafi, his son Saif al-Islam, and the head of Libya's intelligence, Abdullah Senussi, for allegedly committed crimes against humanity. This request was granted on 27 June 2011, resulting in the second ICC warrant of arrest against an incumbent head of state, the other being Sudan's Omar al-Bashir.[99]

Côte d'Ivoire

On 19 May 2011, the Prosecutor informed the Presidency of the Court of his intention to request the authorization to open a formal investigation into the situation in Côte d'Ivoire since 28 November 2010.[100] A day later, the Presidency issued an order assigning the situation to Pre-Trial Chamber II[101] which was on 22 June 2011 modified by establishing a Pre-Trial Chamber III and assigning the situation in Côte d'Ivoire to it.[102] On 23 June 2011, the Prosecutor formally requested the authorization from a Pre-Trial Chamber to begin an investigation into crimes allegedly committed in Côte d'Ivoire.[103]

While Côte d'Ivoire was at that time not a state party to the Rome Statute, it had repeatedly and by different administrations accepted the ICC's jurisdiction.[104][105] It became a state party in February 2013.

On 3 October 2011, Pre-Trial Chamber III authorized the investigation to be conducted by the Prosecutor.[106]

On 27 May 2015, the ICC ruled that it can prosecute Simone Gbagbo can prosecute her on charges including murder and rape linked to violence that left 3,000 people dead in the aftermath of the country's disputed 2010 presidential election.[107]

Mali

On 18 July 2012, the government of Mali had referred the situation there to the Prosecutor of the International Criminal Court. On 16 January 2013, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict. Thus, the Prosecutor opened an investigation.[108]

Central African Republic II

On 12 June 2014, the government of the Central African Republic had referred the second situation there to the Prosecutor of the International Criminal Court. On 24 September 2014, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict. Thus, the Prosecutor opened an investigation.[109]

Preliminary examinations

In addition to the nine situations where the Prosecutor has opened formal investigations, several other situations are under "preliminary examination", they are: Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, Nigeria, Ukraine and aboard three vessels involved in the Gaza flotilla raid.[110]

Earlier preliminary examinations regarding Iraq and Venezuela were closed on 9 February 2006. The Prosecutor concluded that no investigation would be initiated because the necessary requirements had not been met.[111][112]

With regard to the 2003 invasion of Iraq, the Prosecutor published a letter responding to complaints he had received. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.[113]

On 13 May 2014, the Prosecutor announced that preliminary examinations regarding the situation in Iraq are re-opened, due to communication received by the European Center for Constitutional and Human Rights regarding alleged war crimes by United Kingdom officials between 2003 and 2008.[114]

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See also: The International Criminal Court and the 2003 invasion of Iraq

Other complaints received

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Main article: Complaints to the International Criminal Court

As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.[4]

National proceedings under complementarity

The Court is designed to complement existing national judicial systems: it can only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute.[115] States Parties are expected to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court.

Democratic Republic of the Congo

In February 2008, a Military Tribunal in Mbandaka sentenced Botuli Itofo, a policeman, to twenty years imprisonment after his conviction under ICC implementing legislation for the crime against humanity of mass rape and other "serious human rights violations". Over fifty women and girls had expressed that they had been raped as a part of a "punitive operation" by police sent to the area to restore order in March 2006.[116][117]

Germany

Under the German complementary law, crimes against humanity as defined in the Rome Statute can be prosecuted by German courts even if they are outside the jurisdiction of the court because they occur in a country that has not ratified the statute. This is under the principle of universal jurisdiction.

In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister Zokirjon Almatov in connection with the Andijan massacre. Almatov was visiting Germany at the time for hospital treatment. The prosecutor declined to act, saying chances of a successful prosecution were "non-existent" as the government of Uzbekistan would not cooperate in the gathering of evidence.[118]

In May 2011, a trial against two alleged members of the FDLR began in Stuttgart, Germany. Ignace Murwanashyaka and Straton Musoni, both Rwandan citizens, are accused of 26 counts of crimes against humanity and 39 counts of war crimes, allegedly committed in the Democratic Republic of the Congo. This is the first trial in Germany under the Völkerstrafgesetzbuch in force since 2002.[119][120]

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a Preliminary Examination into the situation in Burundi. ICC press release. 25 April 2016. Retrieved 25 April 2016.
  4. ↑ 4.0 4.1 International Criminal Court, September 2010, Communications, Referrals and Preliminary Examinations. Retrieved 24 December 2010
  5. ↑ ICC case information sheet on the Lubanga case. Retrieved 16 January 2016.
  6. ↑ Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber I determined in its sentencing decision that the time since 16 March 2006 is to be deducted from the sentence. Thus, Thomas Lubanga is to be released on or before 16 March 2020. Starting from 16 March 2006, two-thirds of 14 years (nine years and four months) had elapsed on 16 July 2015.
  7. ↑ ICC Judges decline to reduce Mr Thomas Lubanga Dyilo’s sentence. ICC press release. 22 September 2015. Retrieved 27 September 2015.
  8. ↑ ICC case information sheet on the Ntaganda case. Retrieved 16 September 2015.
  9. ↑ ICC case information sheet on the Katanga case. Retrieved 16 January 2016.
  10. ↑ DR Congo to prosecute militia leader Katanga, convicted by ICC. Yahoo News. 18 January 2016. Retrieved 28 January 2016.
  11. ↑ ICC Presidency approves the prosecution of Mr Germain Katanga by national authorities of the Democratic Republic of the Congo. ICC press release. 7 April 2016. Retrieved 10 April 2016.
  12. ↑ ICC case information sheet on the Chui case. Retrieved 10 May 2015.
  13. ↑ ICC case information sheet on the Mbarushimana case. Retrieved 4 August 2011.
  14. ↑ Mbarushimana case: ICC Appeals Chamber rejects the Prosecution’s appeal. ICC. Retrieved 30 May 2012.
  15. ↑ ICC case information sheet on the Mudacumura case.. Retrieved 8 December 2012.
  16. ↑ ICC case information sheet on the Kony-Otti case. Retrieved 16 September 2015.
  17. ↑ Vincent Otti is confirmed dead. New Vision. 22 November 2007. Retrieved 28 February 2012.
  18. ↑ ICC case information sheet on the Ongwen case. Retrieved 6 March 2016.
  19. ↑ Ongwen case: Trial to open on 6 December 2016. ICC press release. 30 May 2016. Retrieved 1 June 2016.
  20. ↑ ICC case information sheet on the Bemba case. Retrieved 10 April 2016.
  21. ↑ ICC case information sheet on the Bemba et al. case. Retrieved 18 October 2015.
  22. ↑ Closing oral statements in Bemba, Kilolo et al. trial to start on 31 May 2016: Practical information. ICC press release. 29 April 2016. Retrieved 2 May 2016.
  23. ↑ ICC case information sheet on the Haroun-Kushayb case. Retrieved 4 August 2011.
  24. ↑ ICC case information sheet on the al-Bashir case. Retrieved 4 August 2011.
  25. ↑ ICC case information sheet on the Abu Garda case. Retrieved 4 August 2011.
  26. ↑ ICC case information sheet on the Banda case. Last updated 11 September 2014. Retrieved 25 September 2014.
  27. ↑ ICC case information sheet on the Hussein case. Retrieved 1 March 2012.
  28. ↑ ICC case information sheet on the Ruto-Sang case. Retrieved 30 April 2012.
  29. ↑ Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future. ICC press release. 5 April 2016. Retrieved 10 April 2016.
  30. ↑ ICC case information sheet on the Kenyatta case. Last updated 15 December 2014. Retrieved 3 January 2015.
  31. ↑ The Prosecutor v. Walter Osapiri Barasa. ICC information page. Retrieved 5 May 2016.
  32. ↑ The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett. ICC information page. Retrieved 5 May 2016.
  33. ↑ ICC case information sheet on the Gaddafi case. Retrieved 28 June 2015.
  34. ↑ ICC case information sheet on the L. Gbagbo-Blé Goude case. Retrieved 16 January 2016.
  35. ↑ Statement of ICC-Prosecutor at the Commencement of Trial in the case against Messrs. Laurent Gbagbo and Charles Blé Goudé. Office of the Prosecutor press release. 28 January 2016. Retrieved 28 January 2016.
  36. ↑ ICC case information sheet on the Simone Gbagbo case. Retrieved 8 December 2012.
  37. ↑ ICC case information sheet on the al-Faqi case. Retrieved 27 March 2016.
  38. ↑ ICC Presidency constitutes Trial Chamber VIII and IX; Al Mahdi and Ongwen cases referred to them respectively. ICC press release. 4 May 2016. Retrieved 4 May 2016.
  39. ↑ Situation in the Central African Republic II. ICC information page. Retrieved 2 May 2016.
  40. ↑ Situation in Georgia. ICC information page. Retrieved 2 May 2016.
  41. ↑ International Criminal Court. Office of the Prosecutor. Retrieved 21 July 2007.
  42. ↑ International Criminal Court, 29 January 2004. President of Uganda refers situation concerning the Lord's Resistance Army (LRA) to the ICC. Retrieved 11 January 2007.
  43. ↑ International Criminal Court, 14 October 2005. Warrant of Arrest unsealed against five LRA Commanders. Retrieved 5 December 2006.
  44. ↑ "Ugandan rebels mourn leader", Business in Africa, 14 August 2006
  45. ↑ International Criminal Court, 11 July 2007. Decision to Terminate the Proceedings against Raska Lukwiya PDF (2.73 MB). Retrieved 24 January 2008.
  46. ↑ BBC News (23 January 2008). Uganda's LRA confirm Otti death. Retrieved 24 January 2008.
  47. ↑ Associated Press, 30 May 2007. Human Rights Watch: Ugandan rebels must face justice, even if not before international court. Retrieved 24 January 2008.
  48. ↑ Agence France-Presse, 23 January 2008. Uganda's mato oput ritual: forgiveness for brutal 20-year war. Retrieved 24 January 2008.
  49. ↑ International Criminal Court, 19 April 2004. Prosecutor receives referral of the situation in the Democratic Republic of Congo. Retrieved 11 January 2007.
  50. ↑ International Criminal Court, 23 June 2004. The Office of the Prosecutor of the International Criminal Court opens its first investigation. Retrieved 11 January 2007.
  51. ↑ ICC-Africa 8th Edition, Coalition for the International Criminal Court, 2008-02-01. Retrieved 21 March 2008
  52. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  53. ↑ International prosecutor says Congolese warlord may face additional war crimes charges, First Global Select, 7 August 2006.
  54. ↑ International Criminal Court, 13 March 2008. The trial in the case of Thomas Lubanga Dyilo will commence on 23 June 2008. Retrieved 14 April 2008.
  55. ↑ 55.0 55.1 International Criminal Court, 13 June 2008. Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008 PDF (2.11 MB). Retrieved 17 June 2008.
  56. ↑ International Criminal Court, 18 November 2008. Stay of proceedings in the Lubanga case is lifted – trial provisionally scheduled for 26 January 2009. Retrieved 7 January 2009.
  57. ↑ Agence France-Presse, 18 November 2008. ICC's long-delayed first trial to start January. Retrieved 7 January 2009.
  58. ↑ http://web.archive.org/web/20120913041811/http://www.icc-cpi.int/NR/exeres/A70A5D27-18B4-4294-816F-BE68155242E0.htm
  59. ↑ 59.0 59.1 59.2 International Criminal Court, 18 October 2007. Second arrest: Germain Katanga transferred into the custody of the ICC. Retrieved 18 October 2007. Cite error: Invalid <ref> tag; name "katanga-arrest" defined multiple times with different content
  60. ↑ 60.0 60.1 60.2 International Criminal Court, 7 February 2008. Third detainee for the International Criminal Court: Mathieu Ngudjolo Chui. Retrieved 7 February 2008.
  61. ↑ International Criminal Court, 2 July 2007. Warrant of arrest for Germain Katanga PDF (192 KB). Retrieved 18 October 2007.
  62. ↑ International Criminal Court, 6 July 2007. Warrant of arrest for Mathieu Ngudjolo Chui PDF (194 KB). Retrieved 7 February 2008.
  63. ↑ International Criminal Court (27 June 2008). ICC Cases an opportunity for communities in Ituri to come together and move forward. Retrieved 17 July 2008.
  64. ↑ ICC information page on Mbarushimana. Retrieved 18 March 2011.
  65. ↑ "Callixte Mbarushimana is released from the ICC custody", press release ICC, 23 December 2011
  66. ↑ International Criminal Court, 15 December 2006. Prosecution's Report Pursuant to Pre-Trial Chamber Ill's 30 November 2006 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic (PDF). Retrieved 11 January 2007.
  67. ↑ Hague referral for African pair, BBC, 14 April 2006.
  68. ↑ Bangui accused by NGOs of protecting impunity (French), Jeune Afrique, 22 March 2006.
  69. ↑ ICC-01/05, International Criminal Court, 30 November 2006.
  70. ↑ International Criminal Court, 22 May 2007. Prosecutor opens investigation in the Central African Republic. Retrieved 31 May 2007.[dead link]
  71. ↑ International Criminal Court, 22 May 2007. Background: Situation in the Central African Republic (PDF). Retrieved 31 May 2007.
  72. ↑ Nora Boustany, 23 May 2007. “Court Examines Alleged Abuses in Central African Republic”, The Washington Post, p. A16. Retrieved 31 May 2007.
  73. ↑ Congo Ex-Official Is Held in Belgium on War Crimes Charges, AFP, 25 May 2008
  74. ↑ ICC information page on Bemba. Retrieved 18 March 2011.
  75. ↑ United Nations Security Council, 31 March 2005. Security Council Refers Situation in Darfur, Sudan, To Prosecutor of International Criminal Court. Retrieved 11 January 2007.
  76. ↑ 76.0 76.1 International Court Names Top Suspects in Darfur War Crimes, Voice of America, 2007-02-27. Retrieved 27 February 2007
  77. ↑ 77.0 77.1 Alexandra Hudson, 2 May 2007. ICC judges issue arrest warrants for Darfur suspects. Reuters. Retrieved 3 May 2007.
  78. ↑ Beshir warrant ‘needs detail’, The Sunday Times (South Africa), 17 October 2008
  79. ↑ International Criminal Court (14 July 2008). "ICC Prosecutor Presents Case Against Sudanese President, Hassan Ahmad al Bashir, for Genocide, Crimes Against Humanity and War Crimes in Darfur". Retrieved 14 July 2008.
  80. ↑ 80.0 80.1 Staff writer (4 March 2009). "Warrant Issued for Sudan's Bashir". BBC News. Retrieved 4 March 2009.
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  84. ↑ Jurist.org, 28 August 2010. "ICC Reports Kenya to UN over al-Bashir Visit". Retrieved 6 September 2010.
  85. ↑ International Criminal Court (12 July 2010). "Pre-Trial Chamber I Issues a Second Warrant of Arrest Against Omar Al Bashir for Counts of Genocide". Retrieved 17 July 2010.
  86. ↑ International Criminal Court (17 May 2009). "Bahr Idriss Abu Garda Arrives at the Premises of the Court". Retrieved 17 July 2010.
  87. ↑ [dead link] International Criminal Court (8 February 2010). "Pre-Trial Chamber I Declines To Confirm the Charges Against Bahar Idriss Abu Garda".
  88. ↑ [dead link] International Criminal Court (26 April 2010). "Pre-Trial Chamber I Rejects the Prosecutor's Application To Appeal". Retrieved 17 July 2010.
  89. ↑ [dead link] International Criminal Court (16 June 2010). "As Darfur Rebel Commanders Surrender to the Court". Retrieved 17 July 2010.
  90. ↑ Prosecutor to present third Sudan case within weeks, Reuters, 18 October 2008
  91. ↑ 91.0 91.1 Rebels Charged With War Crimes in Sudan, Washington Post, 18 May 2009
  92. ↑ First Darfur rebel to appear before Hague court, Reuters, 17 May 2009
  93. ↑ Decision on the confirmation of charges against Banda and Jerbo. Retrieved 18 March 2011.
  94. ↑ ICC press release on the authorization of investigations regarding Kenya. Retrieved 3 March 2011.
  95. ↑ ICC press release on the Prosecutor's announcement regarding his application for summonses to appear. Retrieved 3 March 2011.
  96. ↑ ICC press release regarding the summonses to appear for the six Kenya suspects. Retrieved 10 March 2011.
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  98. ↑ "In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters". UN. 26 February 2011. Retrieved 27 February 2011.
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  106. ↑ ICC press release on Pre-Trial Chamber III authorizing the investigation. Retrieved 3 October 2011.
  107. ↑ http://www.foxnews.com/world/2015/05/27/international-criminal-court-judges-case-against-former-ivory-coast-1st-lady-is/
  108. ↑ Situation in Mali. ICC Prosecutor. 16 January 2013. Retrieved 16 January 2013.
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  111. ↑ OTP response to communications received concerning Iraq International Criminal Court, 9 February 2006. Retrieved 19 July 2012
  112. ↑ OTP response to communications received concerning Venezuela International Criminal Court, 9 February 2006. Retrieved 19 July 2012
  113. ↑ International Criminal Court, 17 October 2006. Report on the activities of the Court PDF (151 KB). Retrieved 18 June 2007.
  114. ↑ "Prosecutor of the International Criminal Court, Fatou Bensouda, re-opens the preliminary examination of the situation in Iraq", ICC press release of 13 May 2014
  115. ↑ Articles 17 & 20 of the Rome Statute. Retrieved 4 December 2006.
  116. ↑ Human Rights Monthly Assessment: February 2008, MONUC, 16 April 2008
  117. ↑ Court announces verdict on the massive rapes of Waka and Lifumba, MONUC via Congo Planet, 20 February 2008
  118. ↑ Germany: Prosecutor Denies Uzbek Victims Justice, Human Rights Watch, 2006-04-06. Retrieved 3 February 2007
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  120. ↑ Lua error in package.lua at line 80: module 'strict' not found.

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