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www.icc-cpi.int 1

Kenyatta Case

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following an application seeking an adjournment of the provisional trial date

19 December 2013

Today, I filed an application with the Judges requesting an adjournment of the provisional trial date in the case of the Prosecutor v. Uhuru Muigai Kenyatta (ICC-01/09-02/11). My decision is based solely on the specific facts of this case devoid of extraneous considerations. As Prosecutor, I have consistently stated my actions and decisions are at all times strictly guided by the evidence in accordance with the Rome Statute legal framework. This recent decision is no different. It is my professional duty to react, and to take the necessary decisions when the state of the evidence changes, as it has in this case.

In the last two months, one of the Prosecution’s key witnesses in the case against Mr Kenyatta has indicated that he is no longer willing to testify. More recently, on 4 December 2013, a key second witness in the case confessed to giving false evidence regarding a critical event in the Prosecution’s case. This witness has now been withdrawn from the Prosecution witness list. Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr Kenyatta does not satisfy the high evidentiary standards required at trial. I therefore need time to complete efforts to obtain additional evidence, and to consider whether such evidence will enable my Office to fully meet the evidentiary threshold required at trial.

Our pursuit of justice for the victims of the 2007-2008 post-election violence in Kenya has faced many challenges. Notwithstanding, my commitment and that of my staff to the pursuit of justice without fear or favour has remained firm. It is precisely because of our dedication and sense of responsibility to the victims that I have asked the Judges presiding over the case for more time to undertake all remaining steps possible to strengthen the case to ensure justice for the victims.

To the people of Kenya, my decision to apply for an adjournment today was not taken lightly and I have explained fully to the Judges the reasons for my exceptional decision. I have and will continue to do all that I can to realise justice for the victims of the 2007-2008 post-election violence.

OTPNewsDesk@icc-cpi.int

Notification of the removal of a witness from the Prosecution’s witness list and application for an adjournment of the provisional trial date

Source: Office of the Prosecutor

Ruto and Sang Case

Decisions and orders

Order on the Prosecution's request for extension of time limit

Issued by Trial Chamber V(a) on 20 December 2013

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Situation in KenyaOn 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 started on 10 September 2013, and the trial in the case The Prosecutor v. Uhuru Muigai Kenyatta is scheduled to start on 5 February 2014. On 2 October 2013, Pre-Trial Chamber II unsealed an arrest warrant in the case The Prosecutor v. Walter Osapiri Barasa, initially issued on 2 August 2013, for several offences against the administration of justice, consisting of corruptly influence or attempting to corruptly influence ICC witnesses. Mr Barasa is not in the Court's custody.

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Laurent Gbagbo Case

The ICC Appeals Chamber confirms the decision adjourning the hearing on the confirmation of charges

On 16 December 2013, the Appeals Chamber of the International Criminal Court (ICC) dismissed the Prosecutor’s appeal against Pre-Trial Chamber I’s decision adjourning the hearing on the confirmation of charges in the case against Laurent Gbagbo. Following this decision, Pre-Trial Chamber I will establish in due course a new calendar on the disclosure of additional evidence and submissions of the Prosecutor, Defence and victims participating in this case.

On 3 June 2013, Pre-Trial Chamber I issued, by majority, a decision adjourning the hearing on the confirmation of charges and requested the Prosecutor to “consider providing, to the extent possible, further evidence or conducting further investigation” with respect to a number of specified issues, relating to the factual allegations on 41 incidents underlying the contextual elements of crimes against humanity and the four incidents with which Mr Gbagbo is charged (attack of demonstration in front of the premises of the Radiodiffusion-Télévision Ivoirienne, attack during the women’s demonstration in Abobo, bombing of Abobo’s market and adjacent areas, and the Youpougon incident) . On 12 August 2013, the Prosecutor filed an appeal against this decision.

In its judgment, the Appeals Chamber dismissed the Prosecutor’s appeal against Pre-Trial Chamber I’s decision. The Appeals Chamber noted that, on appeal, the Prosecutor argued that she had relied on the four incidents with which Mr Gbagbo had been charged to establish that an ‘attack against any civilian population’ (one of the contextual elements of crimes against humanity, as defined under article 7 of the Rome Statute) had taken place. The Appeals Chamber found that this did not accurately reflect the charges that the Prosecutor had presented for the purpose of the confirmation of charges hearing. The Appeals Chamber noted that, at the confirmation of charges hearing, the Prosecutor relied on 41 incidents, in addition to the four incidents with which Mr Gbagbo was charged, in order to establish that an attack had taken place. As a result, the Appeals Chamber found that the Prosecutor had failed to demonstrate that Pre-Trial Chamber I erred by treating all 45 incidents as forming the ‘attack against any civilian population’ in the meaning of article 7 of the Rome Statute.

For further information on this case, please click here.

Audio-visual materials:

YouTube (for viewing)Video (MPEG-4) for download (19.3 MB)Audio (MPEG-3) for download (3.9MB)

Decisions and orders

Judgment on the appeal of the Prosecutor against the decision of Pre-Trial Chamber I of 3 June 2013 entitled "Decision adjourning the hearing on the confirmation of charges pursuant to article 61(7)(c)(i) of the Rome Statute"Issued by the Appeals Chamber on 16 December 2013

Decision on the "Prosecution's notification of its intention to rely on 18 documents previously disclosed pursuant to Rule 77 or Article 67(2) for the purposes of the confirmation of charges; and request for authorization to maintain redactions previously made; and additional request to disclose one document as incriminating evidence"Issued by Pre-Trial Chamber I on 16 December 2013

Decision establishing a calendar for further proceedingsIssued by Pre-Trial Chamber I on 17 December 2013

Decision on the "Prosecution's request for an extension of time to apply for redactions pursuant to Regulation 35 and for redactions to two documents pursuant to Rule 81(4)"Issued by Pre-Trial Chamber I on 18 December 2013

Judicial Update

Situation in Côte d’IvoireCôte 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. The Prosecutor lodged an appeal against the decision. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest in the case The Prosecutor v. 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. Mrs Gbagbo is not in the ICC's custody. On 30 September 2013, Pre-Trial Chamber I unsealed an arrest warrant in the case The Prosecutor v. 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. Mr Blé Goudé is not in the ICC's custody.

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Decision on the "Prosecution's request for an extension of the page limit for the amended document containing the charges"Issued by Pre-Trial Chamber I on 20 December 2013

Decision on Defence request on the suspension of time limits during judicial recessIssued by Pre-Trial Chamber I on 27 December 2013

Simone Gbagbo Case

Decisions and orders

Decision on the "Defence Request for an Extension of Time"Issued by Pre-Trial Chamber I on 17 December 2013

Decision on "Request for leave to submit amicus curiae observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence"Issued by Pre-Trial Chamber I on 17 December 2013

Decision on the Prosecutor's and the OPCV's requests for extension of timeIssued by Pre-Trial Chamber I on 19 December 2013

Decisions and orders

Bemba Case

Decision on "Defence Request for Leave to Appeal the 'Decision on issues related to the conclusion of the defence's presentation of oral evidence at trial and on the 'Defence Request for an Order for Cooperation""Issued by Trial Chamber III on 20 December 2013

Bemba, Kilolo et al. Case

Decisions requesting observations on the "Demande de mise en liberté provisoire de Maître Aimé Kilolo Musamba"Issued by Pre-Trial Chamber II on 17 December 2013

Decision on the "Defence request for assistance pursuant to Regulation 77(4)(b) of the Regulations of the Court"Issued by Pre-Trial Chamber II on 19 December 2013

Decision granting an extension of time for submitting observations on the "Demande de mise en liberté provisoire de Maître Aimé Kilolo Musamba"Issued by Pre-Trial Chamber II on 20 December 2013

Judicial Update

Situation in the Central African RepublicThe 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 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-Jacques Mangenda Kabongo was transferred to the ICC Detention Centre on 4 December 2013 and made his initial appearance before the ICC on 5 December 2013. Narcisse Arido will be surrendered to the Court only upon completion of the relevant national proceedings in France.

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Decisions and orders

Ntaganda Case

Decision on the Protocol on the Handling of Confidential Information and Contact with Witnesses of the Opposing PartyIssued by Pre-Trial Chamber II on 17 December 2013

Decision on the "Demande de la Défense aux fins de traduction en kinyarwanda des dépositions écrites des témoins à charge P-0055, P-0315, P-0317, P-0758, P-0761, P-0773, P-0792, P-0804, P-0805 et P-0806"Issued by Pre-Trial Chamber II on 30 December 2013

The external independent review submits its report on alleged sexual abuses in the DRC

20 December 2013

The Registrar of the International Criminal Court (ICC), Mr Herman von Hebel, has received the independent external review’s panel report which he commissioned in June 2013 following the allegations of sexual assault of four individuals under the ICC’s protection programme by a former ICC staff member working in the Democratic Republic of the Congo (DRC). In announcing this independent review, following the completion of an initial ICC internal inquiry, the Registrar reiterated his determination to address the serious allegations concerned with great rigor and transparency.

The four-member panel of independent specialists was chaired by Ms Brenda Hollis. Their report has also been transmitted to the President of the Assembly of States Parties (ASP) to the Rome Statute, H.E. Tiina Intelmann, and to relevant ICC Judges and parties to the proceedings concerned.

The review panel confirmed the results of the ICC’s initial internal inquiry, and concluded that one person alone, the alleged perpetrator, would bear criminal responsibility for the alleged crimes if proven. The ICC is providing all the necessary assistance to the relevant DRC authorities in the ongoing investigations of these allegations. The report further concluded that other staff members of the Court have likely engaged in “inappropriate conduct”. Disciplinary measures, including dismissal, have already been taken in respect of certain staff involved. The Registrar is in the process of analysing the content of the full report in order to assess whether further disciplinary action is required.

The review panel also identified operational and organizational shortcomings, including failures to carry out supervisory, oversight and management duties. Since joining the Court on 18 April 2013, the Registrar has made the reorganisation of management within the protection programme a priority by implementing structural and operational changes in order to strengthen its oversight mechanisms and operational capacities. In the context of his overall plans to reorganise the Registry, Mr von Hebel will take into consideration the findings and the recommendations of the independent external review panel.

The Court continues to provide all necessary and adequate protective measures in an impartial and most professional manner to all witnesses testifying in the context of the cases brought before the Judges. Ensuring the safety and security of victims and witnesses is one of the most important duties and priorities of the Court and a cornerstone of fair trials. The Registry, while providing continuous support to persons under its protection to preserve their well-being, is also taking all appropriate actions to ensure accountability and fairness.

Judicial Update

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

Situation in the Democratic Republic of the CongoThe 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 on 7 February 2014. 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 to the Court 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.

Other Statements and Events

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ASP President Intelmann welcomed the submission of the report which identifies the personal and institutional responsibilities and shortcomings, as well as the Registrar’s commitment to address the matters raised in the report. She stressed the expectation of States Parties to receive information about the follow-up to the report as soon as feasible and highlighted the importance of the Court’s continued commitment to the protection of witnesses.

Independent review team Report

20/06/2013 - ICC commissions an independent external review of the allegations of sexual assault

12/04/2013 - ICC internally inquires on allegations of sexual abuse by former ICC staff member

Croatia ratifies amendments to the Rome Statute on the crime of aggression and on article 8 related to war crimes

20 December 2013

The President of the Assembly of States Parties to the Rome Statute, Ambassador Tiina Intelmann, welcomed the deposit on 20 December 2013 of the instruments of ratification of the 2010 amendments to the Rome Statute, by Ambassador Vladimir Drobnjak, Permanent Representative of Croatia to the United Nations.

The first of these amendments concerns the crime of aggression; this amendment was adopted in a historic consensus at the 2010 Review Conference of the Rome Statute in Kampala, Uganda. The second of these amendments pertains to article 8 of the Rome Statute and concerns the use of certain weapons during non-international armed conflict as war crimes.

“The deposit of instruments of ratification by Croatia brings the number of ratifications of the crime of aggression to thirteen. I hope that other States Parties will follow suit in order to achieve soon the universal ratification of the Kampala Amendments”, stated President Intelmann.

Croatia is the third Eastern European country to ratify the Kampala Amendments. Croatia ratified the Rome Statute on 21 May 2001, becoming the 32nd State Party, and also ratified the Agreement of Privileges and Immunities of the Court on 17 December 2004. Croatia has also completed the process of domestic implementation of the Rome Statute through the incorporation of the crimes and general principles contained in the Rome Statute, including the definition of the crime of aggression as provided for in the Kampala Amendments, and of the necessary provisions to ensure effective cooperation with the International Criminal Court.

Other Statements and Events

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The crime of aggression was initially included in the Rome Statute in 1998 as one of the crimes under the jurisdiction of the Court, while the definition of the crime and the mechanism for the Court’s exercise of jurisdiction were deferred to a Review Conference. The amendments adopted in Kampala, Uganda in 2010 define the crime of aggression and provide for the conditions for the exercise of jurisdiction over this crime. The Court may exercise jurisdiction over the crime of aggression once thirty States Parties have ratified the amendments, and subject to a decision to be taken after 1 January 2017 by the States Parties.

Crime of aggression amendmentsUN Treaty - Ratification participants list

Article 8 amendmentsUN Treaty - Ratification participants list

Source: Assembly of States Parties

Other Statements and Events

Judicial developments• 5 February 2014

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

View the online ICC hearing schedule

The calendar is subject to last-minute changes.

Calendar

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