OTP Briefing Issue #140 1- 15 May 2013 Prosecuto r Bensouda briefs the UN Security Cou ncil on the situation in Libya 8 May – Prosecutor Fato u Bens ouda addressed the UN Security Council for the fifth time on the situation in Li bya: “We have all witnessed developments in Libya since the demise of the Gaddafi regime. Despite important progress made in moving Libya forward on the path of democracy, rule of law and respect for human rights, many challenges remain.” Following the admissibility challenges filed by the Libyan government with regard to the Saif Al-Islam Gaddafi and Abdullah Al Senussi cases, and in accordance with the Rome Statute, investigations with respect to these cases have been suspended. Saif’s case has advanced to a stage where it remains for the Chamber to p ronounce itself on the submissions made b y all parties. The Prosecutor emphasized that by conducting fair, just, and transpa rent judicial proceeedings for all alleged perpetrators, while also continuing to resp ect the ICC judicial process, Libya can set a lasting example for other States. Furth ermore, t he Pros ecutor n oted the OTP cont inues to b e concer ned abo ut the allega tions of crimes committed by r ebel forces, including the expulsion of residents of Tawergha, who have been unable to return home, ongoing alleged persecution of ethnic groups perceived to have been affiliated with the Gaddafi regime, and specific incidents as yet unaccounted for, like the alleged execution of fifty persons on the grounds of the Mahari Hotel in Sirte in October 2011, and alleged arbitrary detention, torture, killings and destruction of property that arose during Libyan government and militia operations in Bani Walid in September 2012. “Complementarity and cooperation define the relationship between the Court and national justice systems. Both are thus essential for the implementation of international justice and the punishment of crimes under the Rome Statute . Above all, both are esse ntial for ensur ing that prosec ution of the few does not resu lt in impuni ty for the many. It is for this reason that my Office continues to explore possibilities for mutually reinforcing judicial activities with the Government of Libya in fostering complementarity.” On the same day, Prosecutor Bensouda also delivered a speech at the Netwo rk of Wo men Dip loma ts in New Yo rk: “Women all over the world always become the hardest hit victims of any scourge that occurs in any country irrespective of the causes thereof. The worst scourge in times of war is that of the inhuman attacks on the dignity of women and young girls. This scourge seems to have n ow bee n acc epte d as a necess ary co nse quen ce of wa r. It is th ere fore incumbent upon all of us to work together to stop this scourge: today I appeal to you to join me in fighting this scourge.” NEWS
Prosecutor Bensouda briefs the UN Security Council on the situation in Libya
8 May – Prosecutor Fatou Bensouda addressed the UN Security Council for the fifth time on the situation in Libya: “We have
all witnessed developments in Libya since the demise of the Gaddafi regime. Despite important progress made in moving Libya forward
on the path of democracy, rule of law and respect for human rights, many challenges remain.” Following the admissibility
challenges filed by the Libyan government with regard to the Saif Al-Islam Gaddafi and Abdullah Al Senussi cases, and in
accordance with the Rome Statute, investigations with respect to these cases have been suspended. Saif’s case has advanced
to a stage where it remains for the Chamber to pronounce itself on the submissions made by all parties. The Prosecutor
emphasized that by conducting fair, just, and transparent judicial proceeedings for all alleged perpetrators, while also
continuing to respect the ICC judicial process, Libya can set a lasting example for other States.
Furthermore, the Prosecutor noted the OTP continues to be concerned about the allegations of crimes committed by rebelforces, including the expulsion of residents of Tawergha, who have been unable to return home, ongoing alleged
persecution of ethnic groups perceived to have been affiliated with the Gaddafi regime, and specific incidents as yet
unaccounted for, like the alleged execution of fifty persons on the grounds of the Mahari Hotel in Sirte in October 2011, and
alleged arbitrary detention, torture, killings and destruction of property that arose during Libyan government and militia
operations in Bani Walid in September 2012. “Complementarity and cooperation define the relationship between the Court and
national justice systems. Both are thus essential for the implementation of international justice and the punishment of crimes under the
Rome Statute. Above all, both are essential for ensuring that prosecution of the few does not result in impunity for the many. It is for
this reason that my Office continues to explore possibilities for mutually reinforcing judicial activities with the Government of Libya in
fostering complementarity.”
On the same day, Prosecutor Bensouda also delivered a speech at theNetwork of Women Diplomats in New York: “Women all over the world
always become the hardest hit victims of any scourge that occurs in any country
irrespective of the causes thereof. The worst scourge in times of war is that of the
inhuman attacks on the dignity of women and young girls. This scourge seems to
have now been accepted as a necessary consequence of war. It is therefore
incumbent upon all of us to work together to stop this scourge: today I appeal to
Prosecutor receives referral by the Comoros authorities in relation to the events of May
2010 on the vessel ‘MAVI MARMARA’
14 May – The OTP met with a delegation from the Istanbul-based Elmadag Law Firm, acting on behalf of the Government of
the Union of the Comoros, a State Party to the International Criminal Court since 18 August 2006. The delegation transmitted a
referral “of the Union of the Comoros with respect to the 31 May 2010 Israeli raid on the Humanitarian Aid Flotilla bound for
Gaza Strip, requesting the Prosecutor of the International Criminal Court pursuant to Articles 12, 13 and 14 of the Rome
Statute to initiate an investigation into the crimes committed within the Court’s jurisdiction, arising from this raid’’. Inaccordance with the requirements of the Rome Statute the OTP will be conducting a preliminary examination in order to
establish whether the criteria for opening an investigation are met. After careful analysis of all available information, the
Prosecutor shall make a determination that will be made public in due course.
Prosecutor Bensouda travels to Geneva, Switzerland
4-16 May – Prosecutor Bensouda travelled to Geneva, Switzerland, where she participated in the event organized by the
Barreau Pénal International and supported by Switzerland and the Organisation internationale de la Francophonie « La Suisse
et la Cour pénale internationale, à l’occasion de la publication du premier Commentaire en français du Statut ». Furthermore,
the Prosecutor met with Kofi Annan, UN High Commissioner on Human Rights Navi Pillay, representatives from the ICRC, as
well as the group of Friends to the ICC in Geneva. Additionally, the Prosecutor met with NGO representatives.
I. Preliminary ExaminationsPreliminary examinations refer to the analytical process by which the OTP assesses whether there is a reasonable basis to proceed with an
investigation in a given situation.
In accordance with Article 15 of the Statute, the OTP proactively gathers and evaluates information from multiple sources, including
“communications” from individuals and parties concerned (phase 1 – initial review). Following a sequential process, and irrespective of themechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal criteria laid out in Article 53 of the
Statute, namely jurisdiction , including temporal/territorial/personal and subject-matter jurisdiction (phase 2), admissibility , including
complementarity and gravity (phase 3) and the interests of justice (phase 4).
Currently, the OTP is conducting preliminary examinations into eight situations: Afghanistan , Honduras , Korea and the Comoros referral
1. Situation in the Democratic Republic of the Congo (DRC) – Referred: April 2004 Investigation Opened: June 2004Trials
The Prosecutor v Thomas Lubanga Dyilo – charged with war crimes of conscripting, enlisting and using children to actively participate in
hostilities committed in the Ituri region 2002 – 2003Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to a total of 14 years of imprisonment; principles and
procedures to be applied to reparations established on 7 August. This decision is subject to appeal.
OTP Activities
OVERVIEW8 situations under investigation
18 cases in relation to 25 persons
Arrest warrants outstanding against 12 individuals
7 preliminary examinations in 4 different continents
The Prosecutor v Germain Katanga and The Prosecutor v Mathieu Ngudjolo Chui – charged with war crimes and crimes against humanity
committed during the attack of the village of Bogoro in the Ituri region on 24 February 2003
Status: Closing oral statements took place from 15 to 23 May 2012; charges severed by Judges on 21 November; on 18 December, Ngudjolo
Chui acquitted of all charges; on 21 December, Ngudjolo Chui was released from custody. The Prosecution has appealed the decision.
Pre-Trial
The Prosecutor v Bosco Ntaganda – charged with war crimes of conscripting, enlisting and using children to actively participate in hostilities
committed in the Ituri region 2002-2003; a second warrant was issued to include war crimes of murder, attacks against the civilian
population, rape and sexual slavery, and pillaging, as well as crimes against humanity of murder, rape and sexual slavery, and persecution
Status: Initial appearance on 26 March 2013; confirmation of charges hearing scheduled for 23 September 2013
Warrant Pending
The Prosecutor v Sylvestre Mudacumura – charged with war crimes of attacking civilians, murder, mutilation, cruel treatment, rape, torture,
destruction of property, pillaging and outrages against personal dignity committed in North and South Kivu Provinces of the DRC between
20 January 2009 and end of September 2010
Issued: 13 July 2012
2. Situation in Uganda – Referred: January 2004 Investigation opened: July 2004Warrants Pending
The Prosecutor v Joseph Kony et al. – charged with war crimes and crimes against humanity committed during LRA’s insurgency activities in
Northern Uganda 2002 – 2004
Issued: 8 July 2005. On 11 July 2007, Pre-Trial Chamber I ordered to terminate the proceedings against Raska Lukwiya. On 8 November
2007, the OTP submitted information to the PTC on the reported death of Vincent Otti.
3. Situation in Darfur, the Sudan – Referred: March 2005 Investigation opened: June 2005Trial
The Prosecutor v Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus – charged with war crimes committed during an attack
against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007
Status: Charges confirmed; trial date set for 5 May 2014
Prosecution to present additional evidence
The Prosecutor v Bahar Idriss Abu Garda – charged with war crimes committed during an attack against the Haskanita AU peacekeeping base
in North Darfur on 29 September 2007
Warrants Pending
The Prosecutor v Omar Al Bashir – charged with war crimes, crimes against humanity and genocide committed as part of the counter-
insurgency campaign in Darfur 2003 – 2008 (at least)
Issued: 4 March 2009 & 12 July 2010
The Prosecutor v Ali Kushayb and Ahmad Harun – charged with war crimes and crimes against humanity committed during the attacks against
the civilian population in Darfur August 2003 – March 2004
Issued: 27 February 2007
The Prosecutor v Abdel Raheem Muhammad Hussein - charged with war crimes and crimes against humanity committed during attacks against
the civilian population in Darfur August 2003 – March 2004
Issued: 1 March 2012
4. Situation in the Central African Republic (CAR) – Referred: January 2005 Investigation opened: May 2007Trial
The Prosecutor v Jean-Pierre Bemba Gombo – charged with war crimes and crimes against humanity, including a massive rape campaign,
committed in CAR between 26 October 2002 – 15 March 2003
Status: Prosecution completed the presentation of its case on 21 March 2012; Defense started its presentation on 14 August 2012; the trial
resumed on 4 March 2013 following a temporary suspension.
5. Situation in Kenya – OTP request to start investigation: November 2009 Investigation opened: March 2010Trials
The Prosecutor v William Samoei Ruto and Joshua Arap Sang – charged with crimes against humanity committed during the post-electoral
violence in Kenya on or about 30 December 2007 – end January 2008
Status: Case sent to trial on 23 January 2012, trial date set for 28 May 2013
The Prosecutor v Uhuru Muigai Kenyatta – charged with crimes against humanity committed during the post-electoral violence in Kenya 24 –28 January 2008
Status: Case sent to trial on 23 January 2012, trial date set for 9 July 2013 (charges withdrawn against Francis Kirimi Muthaura)
The Prosecutor v Simone Gbagbo (more information here)
Current location: Côte d’Ivoire
The Prosecutor v Sylvestre Mudacumura (more information here)
Current location: Eastern DRC
The Prosecutor v Joseph Kony et al (more information here)
Current location: variously, at different times, in the border area between DRC, CAR and South Sudan
The Prosecutor v Ahmed Harun and Ali Kushayb (more information here)
Current location: South Kordofan, Sudan (A. Harun)
Sudan (A. Kushayb)
The Prosecutor v Omar Hassan Ahmad Al Bashir (more information here)
Current location: Khartoum, Sudan
10-11 May - President Bashir travelled to neighbouring Chad for a Community of Sahel-Saharan (CEN-SAD) states regional
summit of the regional "Grande Muraille Verte" initiative. Chad as a State Party to the Rome Statute is under an obligation to
implement arrest warrants issued by the Court. The OTP had originally filed notifying the Court that attendance at the
meeting was likely on 15 March. The summit was subsequently postponed, and] The OTP filed [again] on 10 May identifyingthe apparent intention to travel. On 16 May, the EU, via the spokesperson for High Representative Catherine Ashton issued a
statement deeply regretting the visit, and noting Chad's obligation to cooperate with the Court and to arrest and surrender
anyone sought by the Court, describing non-cooperation with the ICC as "a serious shortcoming, as the Court is a vital instrument
for combating impunity for the most serious crimes of concern to the international community ."
The Prosecutor v Abdel Raheem Muhammad Hussein (more information here)
Current location: Khartoum, Sudan
25-26 April - Sudanese Defence Minister Abdelrahim Hussein, also subject to an ICC arrest warrant, had earlier travelled to Chad and
attended a bilateral meeting evaluating the Joint Sudanese/Chadian border force. On 25 April, the OTP notified the Chamber of the
projected visit, and on 26 April the Chamber issued an Order reminding Chad of its obligations under the Rome Statute. The spokespersonfor the EU High Representative Catherine Ashton issued a statement expressing the High Representative's concern at the visit and the non-
implementation of the arrest warrant.
The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al-Senussi (more information here)
Current location: Libya
IV. Other Co-operation
V. Upcoming Events
May
20 21 22 23-24
Prosecutor Bensouda participates in the 38 th
Congress of the FIDH, Istanbul
25 26
27-28
Prosecutor participates in a discussion panel
organized by the French and Argentinian
missions to the UN on the International
Convention for the Protection of All Persons from Enforced Disappearance, New York
Prosecutor briefs the UN Security Council on the situation in Darfur, New York
7 8 9
10
Prosecutor travels to
Brussels for
meetings with EU
officials, Brussels
11-13
ICC-NGO roundtable, The Hague
14- 15
Prosecutor participated in the second edition
of the New York Forum AFRICA, Libreville
16
17 18 19-21
Prosecutor participates in a Conference organized by NPWJ on
“Justice in the Arab Spring countries, with a particular focus on
Tunisia” and holds meetings with officials and civil society, Tunis
22 23
24 25 26 27 28 29 30
VI. Other Information
* This document reflects the views of the Office of the Prosecutor of the ICC. For more information, contact Mrs. Olivia Swaak-Goldman, International Cooperation Adviser
