Situations and cases
21 cases in 8 situations have been brought before the International Criminal Court.
Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations (“communications”).
To date, four States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred the situation in Darfur, Sudan, and the situation in Libya – both non-States Parties. After a thorough analysis of available information, the Prosecutor has opened and is conducting investigations in all of the above-mentioned situations.
On 31 March 2010, Pre-Trial Chamber II granted the Prosecution authorisation to open an investigation proprio motu in the situation of Kenya. In addition, on 3 October 2011, Pre-Trial Chamber III granted the Prosecutor’s request for authorisation to open investigations proprio motu into the situation in Côte d’Ivoire.
The case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against [the] five top members of the Lords Resistance Army (LRA).
Following the confirmation of the death of Mr Lukwiya, the proceedings against him have been terminated. The four remaining suspects are still at large.
In this situation, five cases have been brought before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; The Prosecutor v. Germain Katanga; The Prosecutor v. Mathieu Ngudjolo Chui; The Prosecutor v. Callixte Mbarushimana; and The Prosecutor v. Sylvestre Mudacumura. Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the custody of the ICC. Sylvestre Mudacumura remains at large.
Trial Chamber I convicted Mr Lubanga Dyilo on 14 March 2012. The trial in this case, The Prosecutor v. Thomas Lubanga Dyilo, had started on 26 January 2009. On 10 July 2012, he was sentenced to a total period of 14 years of imprisonment. The time he spent in the ICC’s custody will be deducted from this total sentence. On 7 August 2012, Trial Chamber I issued a decision on the principles and the process to be implemented for reparations to victims in the case. All three decisions are currently subject to appeal.
The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009. Closing statements in the case were heard from 15 to 23 May 2012. On 21 November 2012, Trial Chamber II decided to sever the charges against Mathieu Ngudjolo Chui and Germain Katanga. On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and crimes against humanity and ordered his immediate release. On 21 December 2012, Mathieu Ngudjolo Chui was released from custody. The Office of the Prosecutor has appealed the verdict.
On 7 March 2014, Trial Chamber II found German Katanga guilty as an accessory of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. The Chamber acquitted Germain Katanga of the other charges that he was facing. Decisions on sentencing and victim reparations will be rendered later. The Prosecutor and the Defence may appeal the judgment within 30 days.
The confirmation of charges hearing in the case The Prosecutor v. Callixte Mbarushimana took place from 16 to 21 September 2011. On 16 December 2011, Pre-Trial Chamber I decided by Majority to decline to confirm the charges against Mr Mbarushimana. Mr Mbarushimana was released from the ICC’s custody on 23 December 2011, upon the completion of the necessary arrangements, as ordered by Pre-Trial Chamber I.
On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICC’s custody. His initial appearance hearing took place before Pre-Trial Chamber II on 26 March 2013. The confirmation of charges hearing in the case took place on 10-14 February 2014.
There are five cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda; The Prosecutor v. Abdallah Banda Abakaer Nourain; and The Prosecutor v. Abdel Raheem Muhammad Hussein.
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 hearing of confirmation of charges, on February 2010, Pre-Trial Chamber I declined to confirm the charges. Mr Abu Garda is not in the custody of the ICC.
Two other summonses to appear were issued for 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’s Prosecutor against Mr Banda and Mr Jerbo, and committed them to trial. On 4 October 2013, Trial Chamber IV terminated the proceedings against Saleh Jerbo 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
The situation was referred to the Court by the Government of the Central African Republic in December 2004. The Prosecutor opened an investigation in May 2007. The trial in the case The Prosecutor v. Jean-Pierre Bemba Gombo started before Trial Chamber III on 22 November 2010, for two charges of crimes against humanity and three charges of war crimes, and 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 of 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-Pierre Bemba Gombo appeared with them as well. Following his arrest, Jean-Jacques Mangenda Kabongo was transferred to the ICC detention centre on 4 December 2013 and he made his first appearance before the ICC on 5 December 2013. Narcisse Arido was transferred to the ICC detention centre on 18 March 2014 and he made his first appearance before the ICC on 20 March 2014. The decision on the confirmation of the charges will be made in writing in due course.
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, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearing in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang were held from 1 to 8 September 2011. The confirmation of charges hearing in the case The Prosecutor v. Uhuru Muigai Kenyatta took place from 21 September to 5 October 2011. On 23 January 2012, the judges declined to confirm the charges against Henry Kiprono Kosgey and Mohammed Hussein Ali. Pre-Trial Chamber II confirmed the charges 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 of William Samoei Ruto and Joshua Arap started on 10 September 2013. The trial in the case The Prosecutor v. Uhuru Muigai Kenyatta is scheduled to start on 7 October 2014.
On 2 October 2013, Pre-Trial Chamber II unsealed an arrest warrant against Walter Osapiri Barasa, initially issued on 2 August 2013, for several offences against the administration of justice consisting in corruptly or attempting to corruptly influencing ICC witnesses.
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 announced his decision 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 Muammar Gaddafi due to his death. The two other 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. An appeal against the decision is pending. On 11 October 2013, Pre-Trial Chamber I decided that the case against Abdullah Al-Senussi is inadmissible before the ICC as it was currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to carry out such investigation. An appeal against the decision is pending.
Côte d’Ivoire, 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 15 February 2013, Côte d’Ivoire ratified the Rome Statute. On 3 October 2011, Pre-Trial Chamber III granted the Prosecutor’s request for authorisation to open investigations proprio motu into the situation in Côte d’Ivoire with respect to alleged crimes within the jurisdiction of the Court, committed since 28 November 2010, as well as with regard to crimes that may be committed in the future in the context of this situation. 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 23 November 2011, Pre-Trial Chamber III issued a warrant of arrest under seal in the case The Prosecutor v. Laurent Gbagbo for four counts of crimes against humanity. The arrest warrant against Mr Gbagbo was unsealed on 30 November 2011, when the suspect was transferred to the ICC detention centre at The Hague, by the Ivorian authorities. On 5 December 2011, Pre-Trial Chamber III held an initial appearance hearing. The confirmation of charges hearing took place between 19 and 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 decided to unseal a warrant of arrest issued initially on 29 February 2012 against Simone Gbagbo for four counts of crimes against humanity allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011. Mrs. Gbagbo is not in the custody of the Court.
On 30 September 2013, Pre-Trial Chamber I unsealed an arrest warrant against Charles Blé Goudé initially issued on 21 December 2011 for four counts of crimes against humanity allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011. On 22 March 2014, Charles Blé Goudé was surrendered to the ICC by the national authorities of Côte d´Ivoire and he made his first appearance before the ICC on 27 March 2014. The beginning of the confirmation of charges hearing in the case is scheduled for 18 August 2014. Mr Blé Goudé is in the Court’s custody.
Situation in Mali
On 16 January 2013, the Office of the Prosecutor opened an investigation into alleged crimes committed on the territory of Mali since January 2012.
The situation in Mali was referred to the Court by the Government of Mali on 13 July 2012. After conducting a preliminary examination of the situation, including an assessment of admissibility of potential cases, the OTP determined that there was a reasonable basis to proceed with an investigation.
The situation in Mali is assigned to Pre-Trial Chamber II.