AUGUST 19, 2010: Report of the ICC the UN for 2009/10

Report of the ICC the UN for 2009/10

SOURCE: UN Generally Assembly

The present report, covering the period 1 August 2009 to 31 July 2010, is the sixth annual report of the International Criminal Court submitted to the United Nations. It covers the main developments in the activities of the Court and other developments of relevance to the relationship between the Court and the United Nations.

During the reporting period, the Secretary-General of the United Nations, in his capacity as depositary of the Rome Statute of the International Criminal Court, convened the Review Conference of the Rome Statute from 31 May to 11 June 2010 in Kampala. At the Review Conference, States parties reviewed and amended the Rome Statute, conducted a stocktaking of international criminal justice and made significant pledges on a wide range of issues.

The Court is seized of five situations. The situations in Uganda, the Democratic Republic of the Congo and the Central African Republic were each previously referred to the Court by those States, themselves Parties to the Rome Statute. The situation in Darfur, the Sudan was referred by the United Nations Security Council. In each case, the Prosecutor decided that there was a reasonable basis to open investigations. During the reporting period, Pre-Trial Chamber II authorized the Prosecutor to initiate an investigation into the situation in Kenya in relation to crimes against humanity committed between 1 June 2005 and 26 November 2009. Further, the Office of the Prosecutor is conducting preliminary examinations in various situations, including in Afghanistan, Colombia, Côte d'Ivoire, Georgia, Guinea and Palestine.

In respect of the situation in Uganda, there is one ongoing case, The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen, which is at the pretrial stage. The four warrants of arrest have been outstanding since July 2005. On 16 September 2009, the Appeals Chamber upheld the decision rendered by Pre-Trial Chamber II on 10 March 2009, which had ruled that the case against the four accused was admissible before the Court.

In respect of the situation in the Democratic Republic of the Congo, there are three ongoing cases, one at the pretrial stage and two at the trial stage. In The Prosecutor v. Bosco Ntaganda, the arrest warrant issued by Pre-Trial Chamber I under seal on 22 August 2006 and unsealed on 28 April 2008 remains outstanding.

In The Prosecutor v. Thomas Lubanga Dyilo the Court has heard the prosecution case and the defence started the presentation of its evidence on 7 January 2010. On 8 July 2010, however, Trial Chamber I ordered a stay in the proceedings. The prosecution appealed the decision, which is now pending before the Appeals Chamber.

The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009 before Trial Chamber II with the presentation of prosecution evidence which continued until 16 July 2010. The trial is scheduled to resume on 23 August 2010.

In the situation in the Central African Republic, there is one ongoing case, The Prosecutor v. Jean-Pierre Bemba Gombo, now also at the trial stage since 18 September 2009, when the Presidency referred the case to Trial Chamber III. The start of the trial was scheduled for 27 April 2010. On 25 February 2010, however, the defence submitted a challenge to the admissibility of the case, which led to subsequent postponements of the date of commencement of the trial. On 24 June 2010, Trial Chamber III confirmed that the case was admissible. The decision was appealed by the defence. The new date of commencement of the trial is to be set on 30 August.

In respect of the situation in Darfur, there are four ongoing cases, all at the pretrial stage. In The Prosecutor v. Ahmad Muhammad Harun and Ali Muhammad Ali Abd-Al-Rahman the pending arrest warrants have not been executed. Pre-Trial Chamber I took a decision on 25 May 2010 to inform the members of the United Nations Security Council of the lack of cooperation by the Sudan and transmitted its decision to the Council, through the Secretary-General, in order for the Council to take any action it might deem appropriate (see S/2010/265).

In The Prosecutor v. Omar Hassan Ahmad Al-Bashir the prosecution's appeal against the decision of Pre-Trial Chamber I rejecting the additional counts of genocide to the warrant of arrest delivered on 4 March 2009 was successful, and on 3 February 2010 the Appeals Chamber reversed the decision and remanded the matter to the Pre-Trial Chamber to determine anew on the issue. On 12 July 2010, Pre-Trial Chamber I issued a second warrant of arrest with respect to three counts of genocide. Both arrest warrants remain outstanding.

In accordance with Security Council resolution 1593 (2005), the Prosecutor presented his tenth and eleventh reports on the status of the investigation into the situation in Darfur to the Security Council on 4 December 2009 and 11 June 2010 respectively, highlighting the lack of cooperation by the Government of the Sudan, the continuation of the alleged crimes on the ground and the need to execute the outstanding arrest warrants.

In The Prosecutor v. Bahr Idriss Abu Garda, Mr. Abu Garda appeared voluntarily on the basis of a summons to appear delivered by Pre-Trial Chamber I on 7 May 2009. The hearing took place from 19 to 30 October 2009 before Pre-Trial Chamber I. On 8 February 2010, Pre-Trial Chamber I declined to confirm the charges against Mr. Abu Garda due to insufficient evidence.

In The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus, Pre-Trial Chamber I issued a summons to appear under seal on 27 August 2009. The Prosecution alleges that both men participated as co-perpetrators or indirect co-perpetrators to the attack on the Haskanita military group site on 29 September 2007. The summonses to appear were unsealed on 15 June 2010, and on 17 June 2010 Mr. Banda and Mr. Jerbo appeared voluntarily before Pre-Trial Chamber I for an initial appearance. They remain free pending the hearing on the confirmation of charges, which is scheduled to start on 22 November 2010.

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