Sep 6, 2013 - ICC to hold Press Conference on 9 September 2013 regarding the ... The video and audio files of the Press
ICC Weekly Update #183
26 to 30 August 2013
ICC-PIDS-WU-183/13_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 On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn.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 ICC to hold Press Conference on 9 September 2013 regarding the opening of the Ruto and Sang trial A Press Conference is scheduled on Monday, 9 September 2013, at 12:00 (The Hague time) in the Press Briefing room of the International Criminal Court (ICC) in The Hague, Netherlands, on the commencement of the trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang. The ICC Registrar, Herman von Hebel, will open the Press Conference. The ICC Prosecutor, Fatou Bensouda, the Defence Counsel for William Samoei Ruto, Karim Khan, the Defence Counsel for Joshua Arap Sang, Joseph Kipchumba KigenKatwa, and the Legal Representative of the Victims, Wilfred Nderitu, will then make short statements. There will also be an opportunity to ask questions for journalists attending the event in The Hague. The briefing will be webstreamed live on the ICC website. The trial in the case of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang is scheduled to open on Tuesday, 10 September 2013, in the presence of the accused. 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. The trial will be held before Trial Chamber V(a) composed of Judge Chile Eboe-Osuji (presiding), Judge Olga Herrera Carbuccia and Judge Robert Fremr. More information on the case can be found here. Further information on the trial schedule and on media accreditation will be announced in due course. Accreditation to the Press Conference Journalists wishing to attend the Press Conference are kindly requested to confirm their attendance by email to
[email protected] and will receive a written confirmation. Media representatives attending the Conference are requested to use the public entrance located at Regulusweg and to arrive no later than 11:30. Journalists must present a valid press identification card. Webstreaming of the Press Conference The Press Conference will be webstreamed live on the ICC website at:
• •
English: http://www.icc-cpi.int/AVStream/icc5.asx French: http://www.icc-cpi.int/AVStream/icc6.asx
The video and audio files of the Press Conference will subsequently be available for download on an FTP server in mpeg 3 and mpeg 4 formats (video and audio) as well as on the ICC YouTube channel for viewing. Parking facilities Media representatives can use the parking facilities located at the intersection of Regulusweg and Wegastraat.
Decisions and orders Notification of the Decision of the Plenary of Judges on the "Joint Defence Application for a Change of Place where the Court Shall Sit for Trial" Issued by the Presidency on 26 August 2013
Maanweg 174, 2516 AB The Hague, The Netherlands – Maanweg 174, 2516 AB La Haye, Pays-Bas Telephone – Téléphone +31(0)70 515 85 15 / Facsimile – Télécopie +31(0)70 515 85 55
www.icc-cpi.int
1
Judicial Update
Decision on Response to Prosecution Application Regarding the Disclosure of the Identities of Certain Individuals Who Will not Appear as Trial Witnesses Issued by Trial Chamber V(a) on 28 August 2013 Decision on the Ruto Defence Application to Vary Court Sitting Schedule Issued by Trial Chamber V(a) on 29 August 2013
Kenyatta Case Decisions and orders Scheduling Order and Agenda for Status Conference Issued by Trial Chamber V(b) on 30 August 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 Fourth Order on the submission into evidence of material used during the questioning of witnesses Issued by Trial Chamber III on 30 August 2013
Situation in the Democratic Republic of the Congo
The Democratic Republic of the Congo (DRC) ratified the Rome Statute on 11 April 2002. On 3 March 2004, the Government of the DRC referred the situation in its territory to the Court. After a preliminary analysis, the Prosecutor initiated an investigation on 21 June 2004. In this situation, six 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 ICC's custody. Sylvestre Mudacumura remains at large. The trial in the case The Prosecutor v. Thomas Lubanga Dyilo started on 26 January 2009. On 14 March 2012, Trial Chamber I convicted Mr Lubanga Dyilo and he was sentenced on 10 July 2012 to a total period of 14 years of imprisonment. 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 against Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009 and closing statements 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, Mr Ngudjolo Chui was released from custody. The Office of the Prosecutor has appealed the verdict. The verdict regarding German Katanga will be delivered at a later stage. On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges in the case The Prosecutor v. Callixte Mbarushimana. Mr Mbarushimana was released on 23 December 2011. 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 is scheduled to start on 10 February 2014.
Decisions and orders
Lubanga Dyilo Case Decision on 32 applications to participate in the proceedings Issued by the Appeals Chamber on 27 August 2013
Ntaganda Case Decision Requesting Observations on the Defence's Application for Interim Release Issued by Pre-Trial Chamber II on 26 August 2013 Decision on the "Request to appear before the Chamber on the Defence's Application for interim release" Issued by Pre-Trial Chamber II on 30 August 2013
Ngudjolo Chui Case Order on the filing of responses to victims' request for reclassification of documents Issued by the Appeals Chamber on 27 August 2013
2
Judicial Update
Situation in Libya
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 decided 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 remaining suspects are not in the ICC's custody. 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. A decision on Libya’s challenge to the admissibility of the case against Abdullah Al-Senussi before the ICC is also expected to be made in due course. On 14 June 2013, Pre-Trial Chamber I decided that Libya may postpone the execution of the surrender request of Abdullah Al-Senussi pending the determination by the Chamber of the admissibility challenge.
Decisions and orders
Saif Al-Islam and Al-Senussi Case Decision on an application for leave to appeal submitted by the Defence of Abdullah Al-Senussi Issued by Pre-Trial Chamber I on 28 August 2013 Decision on the request of the Defence of Abdullah Al-Senussi to make a finding of non-cooperation by the Islamic Republic of Mauritania and refer the matter to the Security Council Issued by Pre-Trial Chamber I on 28 August 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
Banda and Jerbo Case Public Redacted Version - Decision on Protection Measures Requested in Prosecution's Update on Cooperation Issues Issued by Trial Chamber IV on 28 August 2013 Judgment on the appeal of Mr Abdallah Banda Abakaer Nourain and Mr Saleh Mohammed Jerbo Jamus against the decision of Trial Chamber IV of 23 January 2013 entitled "Decision on the Defence's Request for Disclosure of Documents in the Possession of the Office of the Prosecutor" Issued by the Appeals Chamber on 28 August 2013
Situation in Côte d’Ivoire
Côte d’Ivoire, which 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 3 October 2011, the Pre-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Côte d’Ivoire since 28 November 2010. 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 15 February 2013, Côte d’Ivoire ratified the Rome Statute. The confirmation of charges hearing in the case The Prosecutor v. Laurent Gbagbo took place from 19 to 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. An appeal against the decision is pending. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest against Simone Gbagbo for four charges of crimes against humanity allegedly committed in the territory of Côte d'Ivoire between 16 December 2010 and 12 April 2011. The suspect is not in the ICC's custody.
Decisions and orders
Laurent Gbagbo Case Decision on the application by victims for participation in the appeal + Separate Opinion of Judge Sang-Hyun Song Issued by the Appeals Chamber on 27 August 2013 3
Events
Decision on the participation of victims in the Prosecutor's appeal against the "Decision adjourning the hearing on the confirmation of charges pursuant to article 61(7)(c)(i) of the Rome Statute" + Separate Opinion of Judge Sang-Hyun Song Issued by the Appeals Chamber on 29 August 2013 Decision on the "Demande d'autorisation d'interjeter appel de la « Decision on the Prosecutor's request for redactions pursuant to Rule 81 (2) and Rule 81 (4) pursuant to the new disclosure calendar and the Prosecution's request for redactions to the transcribed statements of witnesses CIV-OTP-P-0321 and CIV-OTP-P-0324 » du 2 août 2013 (100-02/11-01/11-465)" Issued by Pre-Trial Chamber I on 29 August 2013
Relevant Links Courtroom proceedings can be followed on the ICC website: www.icc-cpi.int, where you can also consult the hearing schedule.
Events ICC President Song met with Korean President Park
Photo courtesy of Cheong Wa Dae
On 20 August 2013, President Song met with the President of the Republic of Korea Park Geun-hye at Cheong Wa Dae, Korea, the official residence of the Korean head of state, in order to exchange views on international justice and Korea’s contribution in this regard. President Park acknowledged that the International Criminal Court was at the centre of a “global trend of realizing justice and peace in the international community through the rule of law”, and expressed her hope that “the ICC keeps working to make the whole world peaceful by establishing justice under Song’s leadership”. President Song, himself a national of Korea, expressed gratitude to the government of Korea for its strong and continued support to international criminal justice. Judge Song met, separately, with Minister of Foreign Affairs Yun Byung-se and Minister of Justice Hwang Kyo-ahn, who equally pledged their support to the mandate and goals of the International Criminal Court. 4
Events
Head of the Federal Department of Foreign Affairs of Switzerland visits the ICC
Federal Councillor Didier Burkhalter, Head of the Federal Department of Foreign Affairs of Switzerland and ICC President Judge Sang-Hyun Song at the seat of the Court in The Hague © ICC-CPI
On 26 August 2013, Federal Councillor Didier Burkhalter, Head of the Federal Department of Foreign Affairs of Switzerland, visited the International Criminal Court (ICC), to meet with the ICC President, Judge Sang-Hyun Song, and other high-level officials of the Court. President Song thanked Federal Councillor Burkhalter for Switzerland’s longstanding support and assistance to the ICC. “Switzerland is a consistent donor to important ICC trust funds – such as the Trust Fund for Victims – and they have been very active within the ICC’s Assembly of States Parties, where Ambassador Börlin serves as an excellent Vice-President. Switzerland is also the most recent country to ratify the ICC Agreement on Privileges and Immunities. One could hardly wish for a more supportive and engaged State Party”, said President Song. Federal Councillor Burkhalter stated: “The ICC has become a cornerstone of the peace, security and justice architecture as well as an important institution for the victims of horrific crimes. The fact that the Swiss Ambassador to the Kingdom of the Netherlands serves as Vice President of the Assembly of States Parties to the Rome Statute is an expression of our commitment to a strong and effective ICC”. The Federal Councillor’s visit to the ICC highlights Switzerland’s continuous support to the ICC and the joint efforts deployed in the fight against impunity of the perpetrators of the most serious crimes that affect the international community as a whole. Photographs of the visit are available here.
5
Events
On 26 August 2013, Mr Stavros Lambrinidis, the European Union Special Representative for Human Rights, visited the International Criminal Court (ICC). Pictured here: Mr Lambrinidis with ICC President Judge Sang-Hyun Song © ICC-CPI
On 28 August 2013, Mr Luis Durnwalder, the President of the Regional Government of Trentino, visited the International Criminal Court (ICC). Pictured here from left to right: Mr Richard Theiner, Mr Florian Mussner, ICC Second-Vice President Judge Cuno Tarfusser, Mr Thomas Widmann and Mr Durnwalder © ICC-CPI
President Intelmann visits Vilnius The President of the Assembly of States Parties (“the President”), Ambassador Tiina Intelmann, visited Vilnius, Lithuania on 29 August 2013. During her brief trip, President Intelmann met with the Minister of Foreign Affaires, H.E. Mr Linas Linkevičius; the Minister of Justice, Mr Juozas Bernatonis; Member of the Seimas of the Republic of Lithuania and Chair of Committee on Legal Affairs, Mr Julius Sabatauskas; and other high level officials. The President discussed the European Union's support to the Assembly of States Parties and the International Criminal Court in light of Lithuania’s EU Presidency and in advance of the twelfth session of the Assembly taking place in The Hague in the latter part of November. During the meetings, Lithuania affirmed its support and commitment to the ICC. The President highlighted the importance of high level political support to the Rome Statute system and endoresement of the ICC through the United Nations was discussed at length. Lithuania promised to continue to promote universality of the Rome Statute and informed the President that its national procedures for the ratifcation of the amendments to the Rome Statute concerning the crime of aggression were ongoing. The President raised the possibility of contributing to the Trust Fund for Victims since assistance, compensation, and reparations to victims was a major achievement of the Statute. 6
Calendar
On 30 August 2013, a group of 10 influential bloggers worldwide met with ICC President Song and other Court representatives as part of their visit to The Hague (Netherlands) in the framework of the celebrations of the centennial anniversary of the Peace Palace, with the support of the Dutch Ministry of Foreign Affairs © ICC-CPI
ICC website
SURVEY
The International Criminal Court (ICC) wants to improve its website and values your opinion. For this reason, we have launched an online survey which can be completed at: http://www.icc-cpi.int/en_menus/icc/press%20and%20media/Pages/icc-website-survey. aspx. The survey should not take more than 10 minutes and will help us to serve you better. Your information will remain private and confidential. Thank you for your support.
Calendar
Judicial developments
•
6 September 2013 Status conference in the case against Uhuru Muigai Kenyatta
•
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
•
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)
The calendar is subject to last-minute changes. 7
www.icc-cpi.int | This is not an official document. It is intended for public information only. International Criminal Court: Maanweg, 174; 2516 AB, The Hague, The Netherlands. Postal address: Po Box 19519; 2500 CM, The Hague, The Netherlands. Tel. + 31 (0)70 515 8515; Fax. +31 (0)70 515 8555. www.youtube.com/IntlCriminalCourt |
www.twitter.com/IntlCrimCourt |
www.flickr.com/photos/icc-cpi
