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Ruto and Sang Case

Ruto and Sang trial opens at the International Criminal Court

On 10 September 2013, the trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang opened in the presence of the accused before Trial Chamber V(a) at the International Criminal Court (ICC) in The Hague, Netherlands.

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 is held before Trial Chamber V(a) composed of Judge Chile Eboe-Osuji (presiding), Judge Olga Herrera Carbuccia and Judge Robert Fremr.

The trial’s opening started with the reading of the charges against William Samoei Ruto and Joshua Arap Sang. Upon receiving confirmation from each leading Defence Counsel, Presiding Judge Chile Eboe-Osuji was satisfied that the accused understood the nature of the charges. Both accused pleaded not guilty to the charges. The Court’s Prosecutor Fatou Bensouda and trial lawyer Anton Steynberg took the floor for opening statements, followed by the Legal Representatives of Victims Wilfred Nderitu, and by Mr Ruto’s Defence Counsel Karim Khan.

The second day of the trial was the opening statement of Mr Sang’s Defence Counsel Joseph Kipchumba Kigen-Katwa. The trial continues on Tuesday, 17 September until 4 October and subsequently from 14 October to 1 November 2013. The hearings in this trial are not scheduled to overlap with those in the second trial related to investigations in Kenya, The Prosecutor v. Uhuru Muigai Kenyatta, which is to open on 12 November 2013. Instead, the two trials will be scheduled to alternate in periods of four weeks minimum. Detailed hearing schedules in the cases will be issued by ICC judges in due course.

The trial in the Ruto and Sang case is expected to take several months. During the first part, the Office of the Prosecutor will be presenting the evidence at the Prosecution’s disposal, submitting to the attention of the judges a large number of documents which it has compiled in the case, as well as video footage. The Prosecution will also call witnesses to testify. When the Prosecution has finished examining each witness, the Defence Counsel is given the opportunity to cross-examine the witness.

William Samoei Ruto and Joshua Arap Sang at the opening of their trial before Trial Chamber V(a) at the International Criminal Court (ICC) in The Hague, Netherlands. © ICC-CPI

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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 12 November 2013.

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Judicial Update

Situation in Darfur, SudanThere 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.

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. 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.

Once the Prosecution has presented all its evidence, which will take a few months, it is the turn of the accused, with the assistance of their Counsel, to present their defence. The Defence will call a number of witnesses to support their case. These will be examined by the Defence and cross-examined by the Prosecution. 628 persons are participating as victims in the case and are represented by their Legal Representative, Wilfred Nderitu, who will present their views and concerns in the Courtroom.

Judges will ensure that the trial is fair and expeditious and is conducted with full respect for the rights of the defence, the equality of arms and the principle of adversarial debate, having further due regard for the protection of victims and witnesses.

At the end of the hearings, the judges of Trial Chamber V(a) will give their decision within a reasonable period of time. This decision will be pronounced in public: it will either acquit or condemn each of the accused. The various parties to the trial will, if need be, be able to appeal the decision before the ICC’s Appeals Chamber.

More information on the case can be found here.

Photographs of the opening | Video footage of the opening | Related videos

Decisions and orders

Order authorising disclosure of victims' applicationsIssued by Trial Chamber V(a) on 9 September 2013

Public Redacted Version of Second redaction of: Decision on 'Prosecution's First Request for In-Court Protective Measures for Trial Witnesses'Issued by Trial Chamber V(a) on 11 September 2013

Order on the filing of responses to requests for leave to submit amici curiae observationsIssued by the Appeals Chamber on 11 September 2013

Order on the Common Legal Representative's Contact with Witness 536Issued by Trial Chamber V(a) on 13 September 2013

Decisions and orders

Banda and Jerbo Case

Decision on the third defence application pursuant to Articles 57(3)(b) and 64(6)(a) of the StatuteIssued by Trial Chamber IV on 12 September 2013

Hussein Case

Decision Requesting Observations on the Visit of Abdel Raheem Muhammad Hussein to the Central African Republic

Issued by Pre-Trial Chamber II on 10 September 2013

Decisions and orders

Bemba Case

Decision on Defence Request for Leave to Appeal the Decision on the Defence Motion on the Questioning of Defence Witnesses by the Legal Representatives of VictimsIssued by Trial Chamber III on 11 September 2013

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Decisions and orders

Laurent Gbagbo Case

Order on the filing of responses to request for leave to submit amicus curiae observationsIssued by the Appeals Chamber on 9 September 2013

Decisions and orders

Saif Al-Islam and Al-Senussi Case

Decision on the "Request for an order for the commencement of the pre-confirmation phase" by the Defence of Saif Al-Islam Gaddafi Issued by Pre-Trial Chamber I on 10 September 2013

Decision varying the time limit for Libya's final submissions on the admissibility of the case against Mr Al-SenussiIssued by Pre-Trial Chamber I on 11 September 2013

Decision on the Libyan Government's request to file further submissionsIssued by the Appeals Chamber on 12 September 2013

Decision on the Presiding Judge of the Appeals Chamber in the appeal of Mr Abdullah Al-Senussi against the decision of Pre-Trial Chamber I entitled "Decision on Libya's postponement of the execution of the request for arrest and surrender of Abdullah Al-Senussi pursuant to article 95 of the Rome Statute and related Defence request to refer Libya to the UN Security Council"Issued by the Appeals Chamber on 12 September 2013

Judicial Update

Situation in LibyaOn 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.

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. 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.

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

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Assembly of States Parties President Ambassador Tiina Intelmann and the Trust Fund for Victims Board of Directors Chair Mr Motoo Noguchi visit victims’ assistance programmes in northern Uganda and the Democratic Republic of the Congo

11 September 2013

The Hague - The services provided by the Trust Fund for Victims (TFV) and its partners to over 110,000 victims, their families and their communities already greatly contribute to the Rome Statute’s endeavour to ensure justice for victims. This conclusion was reached by a high-level delegation visiting the TFV programmes in northern Uganda and in the Ituri District in eastern Democratic Republic of the Congo (DRC).

From 1 to 11 September 2013, Ambassador Tiina Intelmann, President of the Assembly of States Parties (ASP), and Motoo Noguchi, Chair of the Board of Directors of the Trust Fund for Victims (TFV) at the International Criminal Court, travelled to Uganda and DRC. They were accompanied by TFV Executive Director Pieter de Baan and field staff. The delegation visited TFV projects in Gulu and Oyam districts and surroundings in northern Uganda. From there on, the visitors travelled to Mahagi, Ame and Bunia in the Ituri District in eastern DRC.

Throughout the mission, the delegation engaged with beneficiaries of the TFV programmes, with locally based implementing partners and representatives of national and local authorities. In Kampala, there were meetings with the Ministers of Foreign Affairs and Justice and high-level officials from the Ministry of Health. The delegation engaged with the press in Kampala, Gulu and Bunia. In Gulu, the mission members participated in a radio call-in show.

”It was inspiring to be able to witness how voluntary contributions by States Parties to the Trust Fund are translated into assistance services that deliver real benefit to victims”, said President Intelmann. “I was personally moved by the courage and confidence of victims sharing their story about how their lives have been transformed as a result of the medical, psychological and material support they received through the Trust Fund’s programmes”.

According to TFV Chair Motoo Noguchi, “This mission confirms to me that we are making the right choices in addressing the harm suffered by victims, which is otherwise very difficult to assess from afar. I have been encouraged by the reparative value of the Trust Fund’s programmes and by its tangible impact on the lives of victims and their communities. This could not be possible without the efforts of our programme staff and our local implementing partners working in challenging circumstances. I will share my experience with the other members of the TFV Board and it should be very useful in informing our future decision-making”.

Meetings with beneficiaries in northern Uganda confirmed to the delegation the added value of the TFV interventions in addressing the longer-term physical and psychological harm suffered by victims, taking into consideration their often precarious social and economic position in society. In Mahagi (DRC), the delegation was impressed by a visit to the Peace Education programme, “A l’école de la Paix”. Involving over 20,000 children in primary and secondary schools, who themselves have often been directly exposed to violence, this TFV programme seeks to instill a culture of finding non-violent solutions to conflict, which is already radiating to their families and communities. The delegation also visited a vocational training centre in Ame aiming to facilitate the social and economic reintegration of former child soldiers into their communities. The delegation was briefed about the Peace Caravan, which provides community-based support on non-violent conflict resolutioninvolving over 25,000 beneficiaries. The Peace Caravan also assists communities in identifying individual victims who are most in need of specialised medical treatment or trauma-based counseling.

Of particular note was a visit to a project near Bunia addressing the harm suffered by victims of sexual and gender-based violence (SGBV). Over 300 SGBV victims receive counseling and vocational training allowing them to regain their dignity and their place in the community. The small-scale savings and loan schemes and technical training also reach thousands of other members of the community. The delegation came away convinced that the rehabilitation of victims can only be successful if accepted and supported by their families and communities and with the additional of livelihood support.

The delegation notes that the TFV should further intensify its engagement with domestic initiatives in order to ensure the sustainability of its programmes.

For more information about the activities of the Trust Fund for Victims, visit www.trustfundforvictims.org. The TFV’s Summer 2013 Programme Progress Report can be found here.

Source: Trust Fund for Victims

Events

Events

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TFV Summer report 2013

The Trust Fund for Victims has published its Summer 2013 programme progress report called Changing Lives – Overcoming Stigma, Vulnerability and Discrimination. This report documents the results and lessons learned of the Fund’s approved projects in northern Uganda and the Democratic Republic of Congo under the second mandate to provide rehabilitation assistance to victims and affected communities under the jurisdiction of the

International Criminal Court (ICC).

ICC Prosecutor adopts Code of Conduct

ICC Prosecutor Fatou Bensouda has released a Code of Conduct for the Office of the Prosecutor. The Code of Conduct offers a comprehensive set of standards of conduct for all members of the Office of the Prosecutor, both staff members and elected officials.

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.

Events

Judicial developments• 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

• 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.

Calendar

SURVEYICC website

Ends 20/09/13

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.

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