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OTP Briefing 16-31 May 2013

OTP Briefing 16-31 May 2013

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OTP Briefing
Issue #14116-31May2013
Pre-Trial Chamber I rejects Libyan challenge to the admissibility of the case against Saif AlIslam Gaddafi
31 MayPre-Trial Chamber Irejectedthe challenge to the admissibility of the case against Saif Al Islam Gaddafi suspected ofcrimes against humanity of murder and persecution, allegedly committed in Libya from 15 February 2011 until at least 28February 2011. The Chamber reminded Libya of its obligation to surrender the suspect to the Court. The Libyan authoritiesmay appeal this decision or submit another challenge to the admissibility in accordance with article 19(4) of the Rome Statute.The Chamber concluded that it has notbeen sufficiently demonstrated that the domestic investigation cover the same case thatis before the Court.In addition, the Chamber recognized Libya’s significant efforts to rebuild institutions and to restore therule of law. The Chamber, however, stressed that the Libyan State continues to face substantial difficulties in exercising fullyits judicial powers across the entire territory. Namely, the Libyan authorities have not been able to secure the transfer ofMr.Gaddafi into State custody and impediments remain to obtain the necessary evidence, and secure legal representation for Mr.Gaddafi.
 
I.Preliminary Examinations
Preliminary examinations refer to the analytical process by which the OTP assesses whether there is a reasonable basis to proceed with aninvestigation 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 the
 
NEWSOTP Activities
OVERVIEW
8
situations under investigation
18
cases in relation to
25
 persons Arrest warrants outstanding against
12
individuals
8
 preliminary examinations in
4
different continents
Phases6
cases at Pre-Trial Stage
5
cases before Trial Chambers2cases before Appeals Chamber
2
verdicts
 
 
Page
2
of
6
mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal criteria laid out in Article 53 of theStatute, 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 examinationsintoeightsituations:Afghanistan ,Honduras ,Koreaand the Comoros referral
 
(phase 2),Colombia ,Georgia ,Guinea , andNigeria(phase 3)
.
 
II. Investigations and Prosecutions
1. Situation in theDemocratic Republic of the Congo(DRC)Referred: April 2004 Investigation Opened: June 2004
 
Trials
The Prosecutor vThomas Lubanga Dyilo
charged with war crimes of conscripting, enlisting and using children to actively participate in
 
hostilitiescommittedin the Ituri region 20022003
Status
: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to a total of 14 years of imprisonment; principles andprocedures to be applied to reparations established on 7 August.This decision is subject to appeal.
The Prosecutor vGermain Katanga
and
The Prosecutor v Mathieu Ngudjolo Chui
charged with war crimes and crimes against humanity
 
committedduring 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, NgudjoloChui acquitted of all charges; on 21 December, Ngudjolo Chui was released from custody. The Prosecution has appealed the decision.
Pre-Trial
The Prosecutor vBosco Ntaganda
charged with war crimesof 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 civilianpopulation, 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 vSylvestre 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 between20 January 2009 and end of September 2010
Issued:
13 July 2012
2. Situation inUgandaReferred: January 2004 Investigation opened: July 2004
 
Warrants Pending
The Prosecutor v Joseph Konyet al.
charged with war crimes and crimes against humanity committed during LRA’s insurgency activities in
 
Northern Uganda 20022004
Issued:
8 July 2005. On 11 July 2007, Pre-Trial Chamber I ordered to terminate the proceedings againstRaska Lukwiya.On 8 November2007, the OTP submitted information to the PTC on the reported death of VincentOtti.
3. Situation inDarfur, the SudanReferred: March 2005 Investigation opened: June 2005
Trial
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 on29 September 2007
Status:
Charges confirmed; trialdateset for 5 May 2014
Prosecution to present additional evidence
The Prosecutor vBahar Idriss Abu Garda
charged with war crimes committed during an attack against the Haskanita AU peacekeeping basein North Darfur on 29 September 2007
Warrants Pending
The Prosecutor vOmar Al Bashir
charged with war crimes, crimes against humanity and genocide committed as part of the counter-insurgency campaign in Darfur 20032008 (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 2003March 2004
Issued:
27 February 2007
The Prosecutor v Abdel Raheem Muhammad Hussein-
charged with war crimes and crimes against humanity committed during attacks againstthe civilian population in Darfur August 2003March 2004
Issued:
1 March 2012
 
Page
3
of
6
4. Situation in theCentral African Republic(CAR)Referred: January 2005 Investigation opened: May 2007
 
Trial
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 200215 March 2003
Status
: Prosecution completed the presentation of its case on 21 March 2012; Defense started its presentation on 14 August 2012; the trialresumedon 4 March 2013 following a temporary suspension.
15 MaySecretary-General’s Special Representativeto CAR, Margaret Vogtreportedto the Security Council that the alreadychallenging situation in CAR had descended into a
“state of anarchy and total disregard for international law”
 , as elements of theSéléka rebel group had turned their vengeance against an innocent population. Reinforcing the urgency of the situation,Nicolas Tiangaye, Prime Minister of the Central African Republic, requested France to intervene “with force” to disarm Sélékaelements and the European Union and African Union to provide financial support for such a mission. He called for a SpecialRapporteur to investigate human rights violations and prosecute perpetrators before national and international jurisdictions,and requested urgent aid for the 1.5 million victims.Special Representative Margaret Vogt said
“the leadership is unable orunwilling to control the ranks of the militia groups or rein in local commanders. The Séléka offensive had destroyed much of the justicesystem, including courthouses and prisons. The national security and defence forces had disintegrated and, despite repeated calls, onlyasmall number had resumed their duties.” “We believe that the time is ripe for the Council to consider the position of individualsanctionsagainst the architects and perpetrators of these gross violations.”
On the security front, the State’s collapse and disappearance ofsecurity and defence forces had led to a security vacuum, which, in turn, had sparked total anarchy. The situation in Banguiwas particularly alarming, where unbridled pillaging had forced schools and businesses to close. Outside the capital, looting by Séléka elements targeted non-Muslims, which fuelled resentment among Christians. The Lord’s Resistance Army (LRA)was also a threat.3 MayUN Secretary General Ban Ki-Moonreportedto the Security Councilon the situation in CAR. The report describes thesituation as horrifyingand intolerable
.“The international community needs to send a strong message to Séléka leaders that there is noimpunity for murder, looting, and unconstitutional changes of government.I call upon the Security Council to consider sanctions andother steps against those who have committed gross human rights violations, including sexual violence against women and children.”
Furthermore, he is
“particularly alarmed by what appears to beviolence clearly targeted to provoke confessional fears andconflict”
andcalls upon the Prime Minister of CAR to
“ 
work with religious leaders in the country on an urgent basis torestore inter-religiousharmony and prevent a tragic cycle of violence and reprisals.”
 
5.Situation inKenyaOTP request to start investigation: November 2009 Investigation opened: March 2010
 
Trials
The Prosecutor vWilliam Samoei Ruto and Joshua Arap Sang
charged with crimes against humanity committed during the post-electoral
 
violence inKenya on or about 30 December 2007end January 2008
Status
: Case sent to trial on 23 January 2012, trialdateset for28 May2013
The Prosecutor vUhuru Muigai Kenyatta
charged with crimes against humanity committed duringthe post-electoral violence in Kenya24
 
28 January 2008
Status
:
Casesent to trial on 23 January 2012, trialdateset for9 July2013
(
charges withdrawn against Francis Kirimi Muthaura)
6.Situation inLibyaReferred: February 2011 Investigation opened: March 2011
 
Warrants Pending
The Prosecutor vSaif Al-Islam Gaddafi
and
 Abdullah Al Senussi
charged with crimes against humanity committed during attacks on the
 
civilian population by the Libyan Security Forces 15 Februaryat least 28 February 2011
Issued:
27 June 2011; the Chamber decided that Libya could postpone the execution of the request tosurrender Saif Al-Islam Gaddafi on 1 June 2012, pending a final determinationon the admissibility challenge. Regarding Abdullah Al Senussi, the Chamber rejected Libya’srequest to postpone the execution of the arrest warrant on 6 February 2013, and ordered immediate surrender
7.Situation inCôte d’IvoireOTP request to start investigation:June 2011 Investigation opened: October 2011
Warrant executed
The
Prosecutor vLaurent Gbagbo
charged with war crimes and crimes against humanity committed after theNovember 2010 Ivorian
 
elections
Issued:
23 November 2011 (under seal)
Status:
initial appearance on 5 December 2011; confirmation of charges hearingtook place from 19 to 28February 2013.
Warrant pending

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