 |
|
|
|
 ICC Activities |
| |
|
| |
The ICC began its work on July 1, 2002, the date of entry
into force of the Rome Statute. By June 16, 2003, the first
18 judges, the prosecutor, and the registrar had all been
sworn into office.
Referrals
Communications
Work of the Prosecutor
Work of the Pre-Trial Chambers
Reports to the United Nations
Review Conference
Codes of Conduct
International Criminal Bar
On March 31, 2005, the Security Council, acting under Chapter VII of the UN Charter, adopted Resolution 1593 which referred the Darfur situation to the ICC. The resolution passed by a vote of 11 states and four abstentions, which included the United States, Algeria, China and Brazil. The referral purports to exempt from ICC jurisdiction non-Sudanese citizens from States not party to the ICC Statute, including Americans. The referral was based on findings from the UN International Commission of Inquiry on Darfur. The Commission's February 1st report "strongly recommend[ed]" that the Security Council invite the International Criminal Court to pursue prosecutions against those suspected of the worst abuse. Click here for a fact sheet and questions and answers on the Darfur referral. On June 6, 2005, the Prosecutor decided to officially open an investigation into the situation.
On December 21, 2004, the government of the Central African Republic referred the situation of crimes within the jurisdiction of the Court committed on its territory since July 1, 2002, the date of entry into force of the Rome Statute. In accordance with the Rome Statute and the Rules of Procedure and Evidence, the Prosecutor carried out an analysis and, on May 22, 2007, decided to open a formal investigation.
Click here to read a fact
sheet on the referral.
In April 2004, the President of the Democratic Republic
of the Congo (DRC) referred 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 July 1, 2002. Read the ICC
Press Release and a fact
sheet on the referral. On June 23, 2004, the Prosecutor announced his decision to open the first investigation of the ICC there. The decision to open an investigation was taken after thorough consideration of the jurisdiction and admissibility requirements of the Rome Statute. The Prosecutor also concluded that an investigation of grave crimes in the DRC will be in the interest of justice and of the victims.
In December 2003, the President of Uganda referred
the situation in Northern Uganda to the ICC Prosecutor. Read the ICC
Press Release and a fact
sheet on the referral. See also the statement
by the Prosecutor related to crimes committed in Barlonya
Camp. On July 29, 2004, the Prosecutor determined that there was a reasonable basis to open an investigation into the situation concerning Northern Uganda. The decision to open an investigation was taken after thorough analysis of available information in order to ensure that requirements of the Rome Statute are satisfied.
On February 26, 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation in Libya to the ICC Prosecutor. Since Libya is not a State Party to the Rome Statute, the referral provides the basis for ICC jurisdiction over alleged crimes committed in Libya since February 15. The resolution, like Resolution 1593 on Darfur, purports to grant exclusive jurisdiction over non-Libyan nationals of countries that are not ICC States Parties to the courts of their nationalities, subject to waiver, and bars the UN from bearing any costs associated with the referral.
On February 10, 2006 Chief Prosecutor Luis Moreno Ocampo released several documents providing
information on the number of communications
his Office had received to date, including details on the process used to analyze situations.
This included the release of two annexes on Iraq
and Venezuela.
The Prosecutor's first report on communications received was issued on July 24, 2003.
The Prosecutor has also monitored, based on communications received by his office, alleged crimes committed in Afghanistan, Colombia, Gaza, Georgia, Guinea, Honduras, Republic of Korea and Nigeria. In addition, the government of Cote d'Ivoire has consented to jurisdiction for crimes occurring on its territory. Updated and additional information about communications to the ICC Prosecutor is available here. The Prosecutor issued a Report on Preliminary Examinations on December 13, 2011.
The Prosecutor has seven active investigations: the Democratic Republic of Congo, Northern Uganda, Central African Republic, Kenya, Libya, Cote d'Ivoire and Darfur, Sudan. They have resulted in the following developments:
On March 17, 2006, Thomas Lubanga Dyilo, alleged leader of the Union des Patriotes Congolais (UPC) militia in the Democratic Republic of Congo (DRC), became the first suspect to the arrested and transferred to the ICC. He was arraigned on March 20. On January 29, 2007 Pre-Trial Chamber I issued its decision confirming the charges against Mr. Lubanga for the war crime of conscripting or enlisting child soldiers or using them to participate actively in the hostilities. On March 6, 2007 the Presidency constituted Trial Chamber I, which was expected to hear the trial against Mr. Lubanga as the ICC's first defendant in June 2008. However, the failure of the prosecution to disclose exculpatory documents led the Trial Chamber to issue a stay in the proceedings and to order the release of Mr. Lubanga pending appeals. On October 21, the Appeals Chamber affirmed the stay but reversed and remanded the decision on Mr. Lubanga's release. On November 18, 2008 Trial Chamber I lifted the stay imposed in the trial of Mr. Lubanga and set January 26, 2009 as a tentative trial date. The Chamber determined that the reasons for the stay had "fallen away", meaning that the accused would have access to all materials necessary for his defense. On January 26, 2009 Trial Chamber I opened the Lubanga trial as the Court's first; Mr. Lubanga pleaded not guilty to three war crimes charges of enlisting and conscripting child soldiers. On July 14, 2009 the prosecution concluded the presentation of its case against Mr. Lubanga after calling 28 witnesses over 74 days of hearings. On October 2, 2009 Trial Chamber I postponed the start of the presentation of the defense case until the Appeals Chamber decides on an appeal related to the legal characterization of the facts of the case, specifically whether Lubanga could be convicted of other crimes based on the evidence presented. On December 8, 2009 the Appeals Chamber issued a decision reversing Trial Chamber I decision on possible addition of charges. The trial resumed on January 7, 2010 with the presentation of the defense case. On July 8, the trial judges suspended trial due to the refusal of the Prosecutor to comply with one of its orders. On October 8, the Appeals Chamber reversed the stay, reasoning that other, less drastic measures were available such as sanctions. The judges ordered the closing of evidence trial on May 20, 2011. Closing statements were heard on August 25 and 26, 2011.
A verdict is expected by early 2012.
On October 17, 2007, Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri (FPRI), was arrested and transferred by DRC authorities to the ICC. Pre-Trial Chamber I issued a sealed warrant of arrest for Mr. Katanga, also known as Simba, on July 2, 2007 based on allegations of six war crimes and three crimes against humanity including murder, sexual slavery and intentionally directing attacks at civilians.
On February 7, 2008 Congolese authorities transferred to the ICC Mathieu Ngudjolo Chui, alleged former leader of the National Integrationist Front (FNI), based on nine counts of war crimes and crimes against humanity, including murder, sexual slavery, inhuman treatment, the use child soldiers in hostilities, and unlawful attacks against civilians during and after an attack on the village of Bogoro in the Ituri region in 2003. From October 2006 until his arrest on February 6, Mr. Ngudjolo served as a Colonel in the National Army of the Government of the Democratic Republic of the Congo. Click here to read the warrant of arrest for Mr. Ngudjolo.
On March 10, 2008 Pre-Trial Chamber I issued a decision joining the cases of The Prosecutor v. Germain Katanga and The Prosecutor v. Mathieu Ngudjolo Chui. PTC I conducted a confirmation of charges hearing from June 27 to July 16, 2008. On September 26, 2008 it confirmed most of the charges; a public redacted version of the decision was published on September 20, 2008. The case was referred to Trial Chamber II which set a trial date of September 24, 2009. On June 12, Pre-Trial Chamber II dismissed a challenge by Katanga, concluding that the case against him is admissible, a decision upheld by the Appeals Chamber on September 25, 2009. On November 24, 2009 Trial Chamber II opened the trial of Katanga and Ngudjolo. On December 8, 2010 the prosecution finished presenting its case and the trial was set to resume in February 2011. Click here to read AMICC's case summary and an OTP fact sheet on Mathieu Ngudjolo and Germain Katanga.
On October 11, 2010 French authorities arrested Callixte Mbarushimana, a Rwandan national who is the Executive Secretary of the Forces Démocratiques pour la Libération du Rwanda - Forces Combattantes Abacunguzi (FDLR-FCA), in response to a sealed arrest warrant issued by Pre-Trial Chamber I on September 28, 2010. He was transferred to the ICC in The Hague on January 25, 2010. On January 28, he appeared before Pre-Trial Chamber I. The confirmation of charges hearing, set for August 17, 2011, was postponed until September 16. He was suspected of five counts of crimes against humanity and six counts of war crimes for alleged attacks against civilians in the North and South Kivus, DRC. On December 16, 2011 Pre-Trial Chamber I, by majority, declined to confirm charges and ordered release of the suspect. Click here to read an OTP factsheet and the US statement on his arrest.
On May 6, 2005, the Prosecutor filed an application to Pre-Trial Chamber II for warrants of arrest for five of the most senior commanders in the Lord's Resistance Army (LRA) in Northern Uganda, including its leader, Joseph Kony. He requested the application and the warrants be sealed, primarily because of security considerations. Gravity was the primary criterion for selection of the individuals. Operating in small groups of two or three, his office made more than fifty missions to Uganda. The main part of the investigation was over in nine months. On July 8th, the ICC issued the arrest warrants. The warrants, unsealed on October 13, have been served on the governments of Uganda, the Democratic Republic of Congo and Sudan. On March 10, 2009 Pre-Trial Chamber II determined that the case against Joseph Kony et al. is admissible under Article 17 of the Rome Statute.
On May 24, 2008 the ICC announced that Belgian authorities arrested former warlord and Congolese Vice President Jean-Pierre Bemba Gombo for crimes against humanity and war crimes, including rape and torture, allegedly committed in the Central African Republic (CAR). Mr. Bemba was transferred to the ICC on July 3, 2008 where he made his initial appearance on July 4. Pre-Trial Chamber III held a confirmation of charges hearing January 12-15, 2009. On March 4, 2009 the Chamber asked the Prosecutor to submit amended charges. On June 15, 2009 Pre-Trial Chamber II confirmed five counts of crimes against humanity and war crimes against Bemba, affirming the charges of rape and torture allegedly committed in the CAR but declining to confirm charges of torture and outrages upon personal dignity. On August 14, 2009 Pre-Trial Chamber II decided to grant provision release, pending trial, to Mr. Bemba. On December 2, 2009 the Appeals Chamber reversed the decision of Pre-Trial Chamber II prior to the release following an appeal by the Prosecutor. The case has been assigned to Trial Chamber III. The planned opening of trial on July 14, 2010 was postponed pending an appeal by the defense. On October 19, 2010 the Appeals Chamber dismissed the defense's arguments on the admissibility of the case and abuse of process. The trial began on November 22, 2010.
On February 27, 2007, the Prosecutor announced that his office had filed an application naming two individuals and requesting summonses to appear in the Darfur situation. The prosecutor's filing names Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of the Sudan (and current Minister of State for Humanitarian Affairs), and Ali Muhammad Ali Abd-Al-Rahman (also known as Ali Kushayb), a Militia/Janjaweed leader, and alleges 51 counts war crimes and crimes against humanity committed in the Darfur region of Sudan, including murder, rape, torture and persecution. On May 2, 2007 Pre-Trial Chamber I issued warrants of arrest for both individuals.
On July 14, 2008 ICC Prosecutor Luis Moreno-Ocampo filed an application for a warrant of arrest for Sudanese President Omar Al Bashir on charges of 10 counts of genocide, war crimes and crimes against humanity. This is the first time the Prosecutor has publicly charged an individual with the crime of genocide. The Prosecutor alleges in his application that President Al Bashir targeted and sought to destroy the Fur, Masalit and Zaghawa ethnic groups in Darfur by deliberately inflicting conditions of life calculated to bring about the groups’ destruction. On March 4, 2009 the ICC announced that the judges of Pre-Trial Chamber I had issued an arrest warrant for President Bashir on seven charges of war crimes and crimes against humanity, including murder, extermination and rape. It was the first time that the ICC has issued a warrant for a sitting head of state. Following an appeal by the prosecution, on February 3, 2010 the Appeals Chamber reversed the Pre-Trial Chamber decision not to include the charge of genocide because it determined that the Pre-Trial Chamber applied the wrong standard of proof. On July 12, 2010 Pre-Trial Chamber I issued a second arrest warrant for President Bashir which included three charges of genocide.
On November 20, 2008 the Prosecutor presented evidence to Pre-Trial Chamber I charging rebel commanders in Darfur for crimes against African Union peacekeepers. According to the Prosecutor, 12 peacekeepers were killed and 8 injured in a rebel attack on the Haskanita camp in September 2007. Click here to read a summary of the case. On May 17, 2009 Zaghawa rebel leader Bahr Idriss Abu Garda arrived at the ICC in The Hague in response to a sealed summons to appear issued by Pre-Trial Chamber I on May 7. Abu Garda appeared voluntarily. The confirmation of charges hearing was held October 19-30, 2009. On February 8, 2010, Pre-Trial Chamber I found insufficient evidence to send to trial the case against Abu Garda and declined to confirm the charges against him. On April 23, 2010 Pre-Trial Chamber I rejected the Prosecutor's request to appeal the decision. On June 17, 2010 Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus voluntarily appeared before the ICC in response to summonses. Following a confirmation of charges heraring, on March 7, 2010, pre-trial judges approved their case for trial. Both are suspected of war crimes in connection with the Haskanita attack.
A confirmation of charges hearing is scheduled to begin on December 8, 2010.
On November 26, 2009 the Prosecutor filed an application for permission to open an ivestigation in Kenya. On March 31, 2010 Pre-Trial Chamber II authorized an OTP investigation into alleged crimes against humanity related to post-election violence. On December 15, the ICC Prosecutor requested summonses to appear for six individuals alleging crimes against humanity which were issued on March 8, 2011. In the first case, summonses were issued for William Samoei Ruto, Minister of Higher Education, Science and Technology; Henry Kiprono Kosgey, Minister of Industrialization and Orange Democracy Movement Chairman; and Joshua Arap Sang, Head of Operations, KASS FM. In the second case, summonses were issued for Francis Kirimi Muthaura, Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee; Uhuru Muigai Kenyatta, Deputy Prime Minister and Minister of Finance; and Mohamed Hussein Ali, Chief Executive of the Postal Corporation of Kenya and former Commissioner of the Kenya Police. On March 31, 2011 the Kenyan government filed an application on March 31, 2011 asking the judges to rule that both cases are inadmissible. At initial hearings in The Hague on April 7 and 8, the judges set the confirmation of charges hearings for September 1 for the first case and September 21 for the second case. On May 30, 2011 Pre-Trial Chamber II confirmed the admissibility of the case following a challenge by the Government of Kenya. On August 30, 2011 the Appeals Chamber confirmed this decision. On January 23, 2012 in two separate decisions, Pre-Trial Chamber II confirmed charges of crimes against humanity against William Samoei Ruto and Joshua Arap Sang (Case 1) and Francis Kirimi Muthaura and Uhuru Muigai Kenyatta (Case 2). These will go to trial. It did not confirm charges against Henry Kiprono Kosgey (Case 1) and Mohammed Hussein Ali (Case 2), although the Prosecutor may submit addition evidence in the future to support charges.
On March 3, 2011, the Prosecutor announced that his office decided to officially open an investigation into alleged crimes against humanity committed in Libya. On May 16, 2011 the Prosecutor announced his application to Pre-Trial Chamber I for arrest warrants for alleged crimes against humanity since February 15 by three Libyan leaders, including Col. Muammar Gaddafi, his son Saif Al-Islam Gaddafi and Abdullah Al-Sanousi, Head of Military Intelligence. On June 27, 2011 Pre-Trial Chamber I issued arrest warrants for all three suspects, including Gaddafi, having determined that there are reasonable grounds to believe that they committed, through the State apparatus and Security Forces, the crimes against humanity of murder and persecution.
On June 26, 2011 the Prosecutor requested authorization to open an investigation in Cote d'Ivoire. On October 3, 2011 Pre-Trial Chamber III authorized the opening of an investigation for crimes since November 28, 2010.
The Pre-Trial Chamber (PTC) is composed either of a single judge or of a bench of three judges. The Prosecutor submits a request to the PTC for authorization to commence an investigation. The PTC can confirm or reject the authorization and makes a preliminary determination that the case falls within the jurisdiction of the Court. If the PTC determines that the criterion of the reasonable basis is not met, the Prosecutor can either decide not to proceed with an investigation or to present a further request based on new facts or evidence regarding the same situation. The Pre-Trial Chamber can also review a decision of the Prosecutor not to proceed with an investigation either on its own initiative, or at the request of the State making a referral or the UN Security Council.
The Pre-Trial Chamber can also issue warrants of arrests and summons to appear before the Court at the request of the Prosecutor, issue orders to grant the rights of the parties in the proceeding, and provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information.
Within a reasonable time after the person’s surrender or voluntary appearance before the Court, the Pre-Trial Chamber holds a hearing in the presence of the Prosecutor, the person charged and his/her counsel to confirm or reject the charges. At the hearing the Prosecutor has to support the charges with sufficient documentary and/or summary evidence to establish substantial grounds to believe that the person committed the crime charged. The person has the right to object to the charges, challenge the evidence presented by the Prosecutor and present evidence.
Pre-Trial Chamber I is overseeing the Democratic Republic of Congo, Libya and Darfur, Sudan situations. Pre-Trial Chamber II is overseeing the Uganda situation, the Central African Republic situation and the Kenya situation.
President
The President of the International Criminal Court reports annually to the UN General Assembly
in accordance with the October 4, 2004 Negotiated Relationship Agreement between the ICC and the UN:
August 1, 2005 First Report and November 8, 2005 address by the ICC President
August 3, 2006 Second Report and October 9, 2006 address by the ICC President
August 31, 2007 Third Report and November 1, 2007 address by the ICC President
August 22, 2008 Fourth Report and October 30, 2008 address by the ICC President
September 17, 2009 Fifth Report and October 29, 2009 address by the ICC President
August 19, 2010 Sixth Report and October 28, 2010 address by the ICC President | US statement
August 19, 2011 Seventh Report and October 26, 2011 address by the ICC President
Prosecutor
The UN Security Council invites the Prosecutor to report to it biannually following its
referral of the situation in Darfur
to the Court on March 31, 2005:
June 29, 2005 report and
statement
December 13, 2005 report
and statement
June 14, 2006 report and
statement
December 14, 2006 report
and statement
June 7, 2007 report and
statement
December 5, 2007 report and
statement
June 5, 2008 report and
statement | Presidential Statement (PRST)
December 3, 2008 report and
statement
June 5, 2009 report and
statement
December 4, 2009 report and
statement | US statement
June 11, 2010 report and
statement
December 9, 2010 report and
statement
June 8, 2011 report and
statement
December 15, 2011 report and
statement | US statement
The UN Security Council invites the Prosecutor to report to it biannually following its
referral of the situation in Libya
to the Court on February 26, 2011:
May 4, 2011 report and
statement | US statement
November 2, 2011 report and
statement | US statement
In May and June 2010, the International Criminal Court held a Review Conference, convened by the Secretary-General of the UN, to assess
the performance of the Court and consider amendments to the Rome Statute. This is required by
Article 123 of the Rome Statute. The conference took place in Kampala, Uganda over ten
working days during May 31-June 11.
The Review Conference was the first opportunity for the ICC States Parties and other nations
to consider amendments to the crimes within the jurisdiction of the Court, including by
amending the Rome Statute to activate the Court's jurisdiction over the crime of aggression
by defining the crime and setting out the conditions for the exercise of the Court's jurisdiction
over it. The conference also reviewed but did not delete Article 124, a transitional provision which permits
new States Parties upon joining the ICC to declare their non-acceptance of the Court's jurisdiction
with respect to war crimes for a period of seven years. The Review Conference also included a "stocktaking" element which assessed the Court's performance as well as the emerging system
of international criminal justice. This included suggestions for improvements to the Court that do not
require amendments to the Rome Statute.
As a signatory of the Final Act of the 1998 Rome diplomatic conference which adopted the Rome Statute, the United States is
entitled as of right to participate as an observer in the Assembly of States Parties (ASP) as well as in the Review Conference. It participated in all aspects of the conference and, beginning in November 2009, the preparations for it. Click here to learn more about the Obama administration's approach to the ICC and the Review Conference.
Defense, Victims and Witnesses Counsel
The conduct of counsel before the Court will be governed by the Code of Professional Conduct for Counsel, which was prepared by the ICC Registrar and adopted during the November 2005 Assembly of States Parties.
The International Criminal Bar adopted a Code
of Conduct and Disciplinary procedure for counsel appearing
before the ICC. For more information go to www.bpi-icb.org.
The International Bar Association (IBA) has also drafted
a code
of professional conduct for counsel, which it presented
to the Court on February 20, 2003. For more information, go
to www.ibanet.org.
Prosecutors
The Secretariats of the International
Association of Prosecutors and the Coalition
for the International Criminal Court have prepared a Draft
Code of Professional Conduct for Prosecutors of the International
Criminal Court. It is hoped that such a draft code could
be presented to the Office of the Prosecutor next spring,
for consideration and for use as a potential tool in shaping
the Office of the Prosecutor's approach to professional ethics.
Comments on the draft are welcome through January 2003.
Judges
On 9 March 2005, the judges of the ICC adopted the Code of
Judicial Ethics pursuant to Regulation 126 of the Regulations of the Court.
Defense, victims, and witnesses counsel, working with legal associations from around the world, founded a new international criminal bar at a conference in Montreal on June 15th, 2002. Around 350 lawyers from 48 countries participated in the meeting, which unanimously endorsed a resolution forming the bar. The existence of the bar will help ensure that defendants receive a fair trial at the ICC and that all counsel appearing before it have access to the resources they need to protect the rights of their clients. The attendees of the Montreal meeting also adopted a draft framework constitution for the consideration of all participating bodies and individuals and for proposed adoption at the first meeting of the general assembly.
The steering committee then met in Paris from November 23-24, 2002 to incorporate suggestions into the draft constitution. They adopted a resolution summarizing their work.
The first general assembly of the new bar took place from March 21-22, 2003 in Berlin. The Assembly adopted the ICB-BPI's Constitution, elected its first Council, and approved a Code of Conduct for Counsel for submission to the Registrar of the Court (see below). Click here to read the Berlin resolution and to download the ICB constitution.
For more information contact:
E-mail: admin@bpi-icb.org
Web: www.bpi-icb.org
|
|
|
|
