ICC W eekly Update #184 - ICC-CPI

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Sep 6, 2013 - On 16 August 2013, Pre-Trial Chamber II rejected the request for .... Please note that given the expected
ICC Weekly Update #184

2 to 6 September 2013

ICC-PIDS-WU-184/13_Eng

Situation in Kenya

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 in two separate cases, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took place from 1 to 9 September 2011, and 21 September to 5 October 2011, respectively. On 23 January 2012, the judges confirmed the charges only 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 On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn.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 in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang is scheduled to start on 10 September 2013 and the trial in the case The Prosecutor v. Uhuru Muigai Kenyatta is scheduled to start on 12 November 2013.

Ruto and Sang Case Ruto and Sang case: Pre-Trial Chamber II grants leave to appeal the decision rejecting the amendment of the charges On 6 September 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) granted the Prosecutor leave to appeal the decision rejecting the amendment of the temporal scope of the charges against William Samoei Ruto and Joshua Arap Sang. The charges were confirmed on 23 January 2012 by Pre-Trial Chamber II and the two accused were committed to trial. The Prosecutor thereafter requested, on 22 July 2013, permission from Pre-Trial Chamber II to amend the charges against the accused by broadening the temporal scope of those charges in relation to crimes allegedly committed in the greater Eldoret area on 30 and 31 December 2007. On 16 August 2013, Pre-Trial Chamber II rejected the request for amendment due to, inter alia, the Prosecutor’s failure to submit the amendment request in time, the prejudice caused to the Defence at this advanced stage of the proceedings, and the impact of the requested amendment on the fairness and expeditiousness of the overall proceedings. The Prosecutor sought the Pre-Trial Chamber’s leave to appeal this decision. Today’s ruling permits the Prosecutor to put before the Appeals Chamber the issue whether Pre-Trial Chamber II abused its discretion in rejecting the Prosecutor’s amendment request. Pre-Trial Chamber II acceded to the Prosecutor’s request by considering that the decision of 16 August 2013 may have an impact on the outcome of the trial. Trial Chamber V(a) set the commencement of the trial for 10 September 2013. Today’s decision does not address the further course and schedule of the proceedings which remains under the authority of the Trial Chamber. A Questions and Answers document on the opening of the trial is available here. For further information on the trial, click here.

Opening of Ruto and Sang trial, 10 September 2013: Practical information for the media The opening of the trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang is scheduled to take place on Tuesday, 10 September 2013, at 09:30 (The Hague local time), before Trial Chamber V(a) of the International Criminal Court (ICC). The hearings will be held from 10 September to 4 October and from 14 October to 1 November 2013, in the presence of the accused. A schedule for further hearings will be established in due course by Trial Chamber V(a), which is composed of Judges Chile Eboe-Osuji, Presiding, Olga Herrera Carbuccia and Robert Fremr. Mr Ruto and Mr Sang are accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in Kenya in the context of the 2007-2008 post-election violence. Webstreaming of the hearings The hearings will be held in open session unless ordered otherwise. The proceedings can be followed with a 30-minute delay on the ICC website at:

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English: http://www.icc-cpi.int/AVStream/icc1.asx French: http://www.icc-cpi.int/AVStream/icc2.asx

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www.icc-cpi.int

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Judicial Update

Hearing summaries, satellite broadcast and audiovisual programmes On 10 September 2013, images of the opening of the trial (the first 30 minutes) will be available by satellite 90 minutes after the beginning of the hearing on 10 September 2013. A 30-minute summary of the opening statements will be available later on the same day (audio: floor, original language from the Courtroom). On 11 September 2013, a summary of further opening statements will be available by satellite (30 minutes, audio: floor). The precise times and frequencies for satellite broadcasting will be published here. Audio and video recordings of the entire opening statements will be available on the same day on the ICC YouTube channel for viewing, and audio and video files will be available for downloading in broadcast quality on the Court’s FTP server. The English-language radio and television programme “In the Courtroom” will be available for downloading in broadcast quality on the Court’s FTP server and for viewing on the ICC YouTube channel on a weekly basis. In advance of the trial, the ICC is also producing “ICC in Focus”, a new television and radio series available for downloading in broadcast quality on the Court’s FTP server and for viewing on the Ruto and Sang case playlist of the ICC YouTube Channel. Attending the hearings Journalists wishing to cover the trial should send a request by email to: [email protected], indicating the dates on which they wish to attend. On 10 and 11 September, all journalists must present a valid press card at the public entrance of the Court, located at Regulusweg, no later than 09:00. Members of the diplomatic corps, NGOs and other members of the public wishing to attend the hearing should send a request by email to: [email protected], indicating the dates on which they wish to attend. On 10 and 11 September, attendees must present a valid passport or valid ID with a photo at the public entrance of the Court, located at Regulusweg, no later than 09:00. Please note that given the expected high attendance, individuals who do not confirm their attendance in advance cannot be guaranteed access to the hearing. Media Centre The Court’s Media Centre will open on 10 and 11 September at 08:30 and will close three hours after the end of the hearing. On the following days of trial, the Media Centre will open daily at 09:00 and will close two hours after the end of the hearing. The area can seat up to 64 people and includes plasma TV screens; a Wi-Fi Internet service; cards (plug + play) for those without Wi-Fi capability in their PC or laptop; 6 computers with Internet access; and 7 telephones that may be used free of charge for internal calls. For external calls, journalists are advised to use their mobiles or purchase 0800 pre-paid phone cards beforehand. Such cards are available at newsagents and train stations. Please note that phone cards cannot be obtained in the vicinity of, or at, the ICC. Mobile phones cannot be used in the public gallery. Photography Please note that it will not be possible to take photos in the courtroom before the start of the proceedings. However, the Court will provide to all those currently subscribing to receive ICC press releases a link to a selection of high resolution digital photos taken by the photographer (agency pool) during the hearings. Pictures are also posted on the ICC’s Flickr account. Recording facilities The Court will provide feed from Courtroom I to the hot-desk area of the Media Centre. The tables in the Media Centre contain plugs for the video and audio feed from the courtroom (4:3, PAL): BNC video output and XLR audio output. You can record from three possible audio channels: 1 - floor, 2 - French and 3 - English. Each table contains an audio plug. If you need to record on two channels, please use another plug at another table for the second channel. The ICC does not have spare cables available for the crews. Media representatives from Kenya are advised to bring adapters to plug in their electronic equipment, as the power sockets are a different size. The ICC does not provide adapters. Feed for the SNG trucks SNG trucks can record the signal from Courtroom II from the distribution box placed in the media parking facilities (see below). Please note that there is no power supply available at the car park and that it is therefore necessary to have a generator. Parking facilities Media representatives can use the parking facilities located at the intersection of Regulusweg and Wegastraat.

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Judicial Update

Decisions and orders Decision No. 2 on the Conduct of Trial Proceedings (General Directions) Issued by Trial Chamber V(a) on 3 September 2013 Scheduling Order for Status Conference Issued by Trial Chamber V(a) on 4 September 2013 Redaction of: Decision on the Prosecution's Requests to Add New Witnesses to its List of Witnesses Issued by Trial Chamber V(a) on 5 September 2013 Order regarding Responses to the Ruto Defence Request for Leave to Appeal the "Decision on the Prosecution's Requests to Add New Witnesses to its List of Witnesses" and related Requests Issued by Trial Chamber V(a) on 5 September 2013 Order Regarding Applications for Notice of Possibility of Variation of Legal Characterisation Issued by Trial Chamber V(a) on 5 September 2013 Decision on the Defence Application to Vacate the Decision of the Plenary of Judges on the "Joint Defence Application for a Change of Place where the Court Shall Sit for Trial" in the case of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang Issued by the Presidency on 6 September 2013 Decision on the Prosecutor's Request for Leave to Appeal the Decision Rejecting the Amendment of the Charges (ICC-01/09-01/11-859) Issued by Pre-Trial Chamber II on 6 September 2013 Order shortening time limit to respond to the 'Common Legal Representative for Victims' Comprehensive Report on the Withdrawal of Victims from the Turbo area by Letter dated 5 June 2013' Issued by Trial Chamber V(a) on 6 September 2013

Situation in Darfur, Sudan

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 Saleh Mohammed Jerbo Jamus; and The Prosecutor v. Abdel Raheem Muhammad Hussein. Five warrants of arrest have been issued by Pre-Trial Chamber I for Messrs Harun, Kushayb, Al Bashir and Hussein. The four suspects remain at large. A summons to appear was issued for Mr Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. After the confirmation of charges hearing, in February 2010, Pre-Trial Chamber I declined to confirm the charges. Two other summonses to appear were issued against Mr Banda and Mr Jerbo who appeared voluntarily on 17 June 2010; the confirmation of charges hearing took place on 8 December 2010. On 7 March 2011, Pre-Trial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICC Prosecutor against Mr Banda and Mr Jerbo, and committed them to trial. On 16 March 2011, the ICC Presidency constituted Trial Chamber IV and referred the case to it. The trial in the case The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus is scheduled to start on 5 May 2014.

Decisions and orders

Al Bashir Case Decision on the Cooperation of the Federal Republic of Nigeria Regarding Omar Al-Bashir's Arrest and Surrender to the Court Issued by Pre-Trial Chamber II on 5 September 2013

Situation in the Central African Republic

The situation was referred to the Court by the Government of the Central African Republic in December 2004. The Prosecutor opened an investigation in May 2007. In the only case in this situation, The Prosecutor v. Jean-Pierre Bemba Gombo, Pre-Trial Chamber II confirmed, on 15 June 2009, two charges of crimes against humanity and three charges of war crimes, and committed the accused to trial before Trial Chamber III. The trial started on 22 November 2010.

Decisions and orders

Bemba Case Decision on the admission into evidence of items deferred in the Chamber's "First decision on the prosecution and defence requests for the admission of evidence" (ICC-01/05-01/08-2012) + Partly Dissenting Opinion of Judge Ozaki on the Decision on the admission into evidence of items deferred in the Chamber's "First decision on the prosecution and defence requests for the admission of evidence" (ICC-01/0501/08-2012) Issued by Trial Chamber III on 3 September 2013

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

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Events

Visits to the Court

Events President Intelmann on approval of motion in the Parliament of Kenya to start the withdrawal process from the Rome Statute 6 September 2013 Speaking in Gulu, Northern Uganda, the President of the Assembly of States Parties (“the President”), Ambassador Tiina Intelmann, recalled that the International Criminal Court had been established with the aim of fighting against impunity for the most serious crimes of concern to the international community as a whole. States Parties are pursuing a common policy to achieve the universality of the Rome Statute. President Intelmann said “I hope that Kenya will remain within the Rome Statute and thus continue to contribute to the fight against impunity, which is a common endeavour of all States”. The President also recalled that in addition to establishing the ICC, the Rome Statute had given rise to an entire Rome Statute system, which included the legal framework and measures adopted by States Parties at the national level to investigate and prosecute international crimes, to assist victims through a special fund created under the Rome Statute, etc. President Intelmann also stressed that the prevention of such crimes was the ultimate goal of the Rome Statute system and that this deterrent effect had already helped prevent large-scale violence. Furthermore, President Intelmann noted that in accordance with article 127 of the Statute the withdrawal would take effect at the earliest one year after the formal notification made to the United Nations Secretary-General. She also highlighted that a withdrawal would not exempt a State from any of the obligations arising from the Statute nor affect any cooperation with the Court regarding criminal investigations or proceedings commenced prior to the date when the withdrawal becomes effective. Finally, President Intelmann expressed her sincere hope that Kenya would remain within the Rome Statute system, which has benefited from Kenya’s multi-faceted contribution over the years. Source: Assembly of States Parties

Visits to the Court

On 5 September 2013, H.E. Ambassador Sigutė Jakštonytė, Chairperson of the� COJUR, Director of the Law & International Treaties Department, at the Ministry of Foreign Affairs of Lithuania, visited the International Criminal Court (ICC). The Chairperson was accompanied by a high level delegation and had separate meetings with the ICC President, Prosecutor and Registrar. Pictured here: COJUR Chairperson Jakštonytė and ICC President Song © ICC-CPI

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Calendar

ICC website

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Calendar

Judicial developments



10 September 2013 Trial to open in the case against William Samoei Ruto and Joshua Arap Sang



12 November 2013 Trial to open in the case against Uhuru Muigai Kenyatta



10 February 2014 Confirmation of charges hearing to start in the case against Bosco Ntaganda



5 May 2014 Trial to open in the case against Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus

View the online ICC hearing schedule

Forthcoming events



9 - 19 September Twenty-first session of the Committee on Budget and Finance (CBF) to be held at the seat of the Court in The Hague



10 September 2013 ICC President Song to deliver a keynote address at a side-event during the 24th session of the United Nations Human Rights Council titled "The ICC, 15 years after the Rome Statute: Prospects for the Future", in Geneva (Switzerland)



29 September 2013 ICC to hold public interactive tours of its premises as part of The Hague International Day 2013, The Hague (Netherlands)



20 - 28 November Twelfth session of the Assembly of States Parties (ASP) to be held at the World Forum Convention Centre, The Hague

The calendar is subject to last-minute changes.

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