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OTP Weekly Briefing 17-25 May 2012 #122

OTP Weekly Briefing 17-25 May 2012 #122

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05/31/2012

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Le Bureau du Procureur The Office of the Prosecutor 
OTP
Weekly
Briefing

 

ICC
Prosecutor
reports
on
the
situation
in
Libya
to
the
UN
Security
Council
16
May

Prosecutor
Moreno
Ocampo
his
report
to
the
Council
on
the
situation
in
Libya.
The
Prosecutor
emphasized
the
positive
impact
of
the
unanimous
UNSC
referral
over
receiving
cooperation
from
States.
Regarding
the
Libyan
admissibility
challenge,
the
Prosecutor
stated:
The
Rome
Statute
is
based
on
the
 primacy
of 
national
 proceedings.
 As
mentioned
on
numerous
occasions
in
relation
to
Darfur
and
other
situations,
the
Office
will
not
evaluate
the
Libyan
 judicial
system
as
a
whole…
The
Office
will
check
the
 factual
situation
in
accordance
with
the
Statute’s
requirements
that
include
the
intervention
of 
an
independent
and
impartial
 judiciary.
The
Security
Council
may
decide
to
 present
observations,
but
this
is
a
 judicial
issue
that
will
be
decided
by
the
 Judges
of 
the
Pre
Trial
Chamber.

 
 
 
ICC
Prosecutor
reports
on
the
situation
in
Libya
to
the
UN
Security
Council
 
Deputy
Prosecutor
Bensouda
addresses
key
civil
society
gathering
in
Cape
Town
Issue
#122
17
May
25
May
2012
NEWS
The
Prosecutor
also
stated
that
the
OTP
is
collecting
evidence
in
relation
to
a
second
case
in
Libya
on
gender
crimes
committed
against
 both
men
and
women:
The
UN 
Commission
of 
Inquiry’s
 findings
confirmed
the
commission
of 
these
crimes.
 My
Office
is
mindful
of 
the
sensitivity
surrounding
rape
in
Libya,
and
has
adopted
a
strategy
to
limit
exposure
of 
victims
by
 focusing
on
obtaining
evidence
 from
doctors
and
soldiers.
The
investigation
is
 progressing.
About
the
civilian
casualties
due
to
NATO
 bombings
the
Prosecutor
added:
The
OTP
takes
due
note
of 
the
UN 
Commission
of 
Inquiry
 findings.
The
Office
has
no
 jurisdiction
to
evaluate
the
 proper
scope
of 
the
NATO
mandate
in
relation
with
UN 
Security
Council
Resolution
1973,
but
the
Office
is
requesting
 further
information
about
these
 five
incidents
identified
by
the
Commission
of 
Inquiry.
The
Prosecutor
further
stressed:
While
the
Government
 faces
challenges
on
many
 fronts,
this
comprehensive
strategy
must
remain
a
 priority
if 
the
Government
is
to
show
that
impunity
will
no
longer
be
tolerated.

This
strategy
must
address
as
a
 priority
the
transfer
to
the
central
authorities
and
the
screening
of 
thousands
of 
detainees,
the
investigation
of 
allegations
of 
crimes
by
these
detainees
where
warranted,
to
ensure
 justice
 for
the
victims,
and
the
release
of 
those
against
whom
there
is
no
basis
 for
investigation.
[…]
The
Government
of 
Libya
expressed
its
commitment
to
conduct
targeted
investigations
and
 prosecutions
to
address
the
most
serious
crimes
committed
by
all
sides.
The
Government
of 
Libya
has
adopted
a
Transitional
 Justice
Law
that
created
a
Fact
Finding
and
a
Reconciliation
Commission
that
could
contribute
to
strengthening
the
rule
of 
law
in
the
country.
 
Deputy
Prosecutor
Bensouda
addresses
key
civil
society
gathering
in
Cape
Town
23
May

Deputy
Prosecutor
and
Prosecutor
elect
Fatou
Bensouda
delivered
a
keynote
at
the
OpenForum
conference
in
Cape
Town,
 bringing
together
more
than
600
participants.
Speaking
on
Power
Day,
the
Deputy
Prosecutor
stated:
With
due
respect,
what
offends
me
most
when
hear
criticisms
about
the
so
called
 African
bias
is
how
quick
we
are
to
 focus
on
the
words
and
 propaganda
of 
a
 few
 powerful,
influential
individuals
and
to
 forget
about
the
millions
of 
anonymous
 people
that
suffer
 from
these
crimes
 
Indeed,
the
 greatest
affront
to
victims
of 
these
brutal,
unimaginable
crimes
 – 
women
and
 young
 girls
raped,
 families
brutalized,
robbed
of 
everything,
entire
communities
terrorized
and
shattered
 – 
is
to
see
those
 powerful
individuals
responsible
 for
their
sufferings
trying
to
 portray
themselves
as
the
victims
of 
a
“pro
Western”,
“anti
 African”,
Court.

 Justice,
real
 justice
is
not
a
 pick
and
choose
system.
To
be
effective,
to
be
 just
and
to
have
a
lasting
impact,
 justice
has
to
be
 guided
solely
by
the
law
and
the
evidence
The
Office
of 
the
Prosecutor
will
 go
where
the
victims
need
us.”
Mrs.
Bensouda
concluded
her
speech
 by
underlining
the
importance
of
the
Court’s
independence
and
integrity
 by
stating
We
are
a
new
tool,
a
 judicial
tool,
not
a
tool
in
the
hands
of 
 politicians
who
think
they
can
decide
when
to
 plug
or
unplug
us.
 

 
OTP
Activities
OVERVIEW
situations
under
investigation
15
cases
in
relation
to
24
 persons
11
outstanding
arrest
warrants
 preliminary
examinations
in
4
different
continents
Phases
2
cases
before
Pre
Trial
Chambers
6
cases
before
Trial
Chambers
1
verdict

I.
Preliminary
Examinations
Preliminary
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
the
 
mechanism
 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
temporal/territorial/personal
jurisdiction
(phase
2a
 
),
subject
matter
jurisdiction
(phase
2b
 
),
admissibility
 ,
including
complementarity
and
gravity
(phase
3
 
)
and
the
interests
of
justice
(phase
4
 
).

Currently,
the
OTP
is
conducting
preliminary
examinations
into
seven
and
(phase
2b),
 
and
(Phase
3).

 
II.
Investigations
and
Prosecutions
1.
Situation
in
the
(DRC)
Referred:
April
2004

Investigation
Opened:
June
2004
 
Trials
The
Prosecutor
v
charged
with
war
crimes
of
conscripting,
enlisting
and
using
children
to
actively
participate
in
 
hostilities
committed
in
the
Ituri
region
2002
2003
Status
:
 Judgment
delivered
on
14
March
2012;
hearing
for
submissions
of
sentencing
set
for
13
 June
2012
The
Prosecutor
v
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:
Defence
case
presentation
concluded,
closing
oral
statements
set
from
15
to
23
May
2012
Confirmation
of
Charges
Hearing
The
Prosecutor
v
charged
with
war
crimes
and
crimes
against
humanity,
including
massive
sexual
violence,
committed
in
the
North
and
South
Kivus
2009
2010
Status:
Pre
Trial
Chamber
I
declines
to
confirm
the
charges
(16
December
2011);
Prosecution
appealed
to
Appeals
Chamber
on
12
March
2012

Warrant
Pending
The
Prosecutor
v
charged
with
war
crimes
of
conscripting,
enlisting
and
using
children
to
actively
participate
in
hostilities
 
committed
in
the
Ituri
region
2002
2003
Issued:
22
August
2006
7
May
Trial
Chamber
II
the
Ngudjolo
Defence’s
request
that
it
suspend
the
hearing
for
closing
statements
scheduled
to
start
on
15
May
2012
if
it
decides
to
apply
regulation
55
of
the
Regulations
of
the
Court
to
re
characterise
the
armed
conflict
in
Ituri
from
international
to
non
international.
It
noted,
inter
alia
 ,
that:
the
Defence
failed
to
request
an
extension
of
time
 before
the
deadline;
and
the
issue
of
the
characterisation
of
the
armed
conflict
has
already
 been
extensively
discussed
 by
the
Defence
in
its
final
 brief.
It
recalled
that
it
will
take
into
account
in
its
final
 judgment
the
totality
of
arguments
presented
in
the
final
 briefs,
the
Defence
responses
and
relevant
discussions
during
the
closing
statements.
It
also
invited
the
Defence
to
present
during
their
closing
statements
any
additional
arguments
related
to
the
consistency
of
re
characterisation
of
the
armed
conflict
with
the
right
to
a
fair
trial.

7
May

The
Prosecution
the
Katanga
Defence
application
for
leave
to
appeal
Trial
Chamber
II’s
decision
rejecting
its
application
to
either
admit,
as
evidence,
portions
of
the
 judgment
from
the
Lubanga
case
which
address
the
two
intermediaries
143
and
316,
or
have
regard
to
those
findings
as
the
findings
of
another
Chamber
on
a
question
of
fact
relevant
to
this
case.
It
submitted
that
the
Defence
failed
to
identify
any
appealable
issue
that
satisfies
the
requirements
of
article
82(1)(d)
and
that
the
Defence
has
not
demonstrated
that
the
two
issues
presented
meet
the
criteria
for
leave
to
appeal.
10
May

submitted
its
amicus
curiae
observations
on
reparations
related
to
Lubanga
case.
It
argued,
inter
alia
 ,
that:
the
Court
should
order
 both
collective
and
individual
reparations,
with
an
emphasis
on
collective
reparations;
the
modalities
of
collective
reparations
should
have
individualised
components
and
allow
for
the
taking
into
account
of
individual
considerations;
TCI
should
undertake
further
consultations
with
victims/survivors
and
experts,
incorporating
a
gender
perspective,
to
determine
to
whom
and
how
reparations
should
 be
directed;
and
the
Trust
Fund
for
Victims
is
an
appropriate
 body
to
implement
reparations
in
this
instance
as
it
has
taken
a
specific
focus
on
gender
 based
crimes
in
implementing
its
general
assistance
mandate
in
the
DRC,
Uganda,
and
the
CAR.

10
May

filed
their
amicus
curiae
observations
on
the
reparation
regime
 
related
to
Lubanga
case.
They
recommended
TCI
to
explore
the
possibility
of
extending
reparation
to
those
victims
who
have
not
participated
in
the
proceedings
and
noted
that
consultation
of
community
leaders
has
revealed
strong
tendency
in
favour
of
collective
reparation
due
to
its
inclusive
character
and
long
term
impact.
They
also
advocated
for
symbolic
forms
of
reparation,
for
example,
the
construction
of
commemorative
monuments.
10
May

submitted
its
observations
on
reparations
related
to
Lubanga
case.
It
argued
that
the
following
principles
should
 be
applied:
(a)
reparations
should
 be
designed
with
the
 best
interests
of
the
victims
as
a
primary
consideration;
(b)
the
eligibility
for
reparations
in
this
case
should
 be
assessed
as
 broadly
as
possible;
(c)
reparations
should
 be
applied
in
a
non
discriminatory
manner;
(d)
the
views
of
victims,
their
families
and
communities
should
 be
a
major
consideration
in
formulating
reparations;
and
(e)
reparations
should
 be
crafted
to
promote
non
repetition
of
the
crimes.
It
further
submitted
that
the
Court
should
grant
 both
individual
reparations
that
help
address
individual
specific
needs
and
collective
reparations
that
take
account
of
the
damage
caused
to
communities
and
address
their
needs,
including
the
need
to
support
the
rehabilitation
and
on
going
protection
of
victims.

 
2.
Situation
in
Referred:
January
2004

Investigation
opened:
July
2004
 
Warrants
Pending
The
Prosecutor
v
et
al.
charged
with
war
crimes
and
crimes
against
humanity
committed
during
LRA’s
insurgency
activities
in
 
Northern
Uganda
2002
2004
 

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