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Le Bureau du Procureur The Offic: of the Prosecutor Criminal Court Issue #139 1-30 April 2013 The Prosecutor's statement in relation to situation in CAR 22 April - Prosecutor Bensouda gave a statement on the situation in the Central African Republic referring to its daily deterioration and the continuous rise in number of civilian victims affected by serious crimes. ‘To those allegedly responsible for these crimes, I say, understand this well: allegations of crimes under the Court's jurisdiction, including attacks against civilians, murder and pillaging tn the Central Afriean Republic, are under close scrutiny by my office. This Court exists to end impunity for such erimes ad our jurisdiction covers the whole of the Central African Republic. The people of the Central Afticar Republic have already suffered too much, I will wot hesitate to prosecute those responsible for their suffering. ‘The day before, the EU High Representative Catherine Ashton stated: ‘The information we receive alleging violations of Inmet rights committed in the country by members of the Seleka Looting, spills aud abuse suffered by the population must stop.” Furthermore, she urged “all parties to take concrete measures fo protect the civiliay population, to restore public order aud security aid to end the recruitment aud use of children ix armed groups. Those respousible for these acts must be held accountable International lamniterian law aud the iuternational law of humax rights must be fully respected.” Lady Ashton called on the transitional authorities and on all the forces of the country to ‘work together to restore the rule of law ad redress the socio-economic situation faced by the Central African Republic”, and emphasized that ‘the Europea Union will remain very vigilaut as regards the respect of the Libreville Agreement aid will monitor very closely the progress made in the implementation ofthe provisions of the roadmap for areturn to constitutional order." ICC Office of the Prosecutor concludes visit to Colombia 19 April - A delegation from the Office of the Prosecutor (OTP) conduded afive-day visit to Colombiain the context ofits preliminary examination of the situation. The purpose of the vistt was to obtain additiond information on measures taken by the Colombia authorities to address the key focus areas for the preiiminay examination. In November 2012, the Office published an intesmrepart summarizing its findings with - respect to jurisdiction and admissibility, and outlining the five areas of continuing focus : @) follow-up on the Legal Framework for Peace and other relevant legislative developments, as wall as jwisdictional aspects relating to the emergence of ‘new illegal amed groups’ (it) proceedings relating to the promotion and. expansion of paramilitary groups; (it) proceedings relating to forced displacement; (v) proceedings relating to sexual crimes, and, (0) false positive cases, During the visit, the OTP held talks with senior officials from all three branches of government, as well as international organizations and civil society organizations. Discussions centred on the issues raised in the OTP’s Interim Report and how to address the five areas of continuing focus. In this regard, the OTP received further information on the pricnitization of cases by the Attomey General's Office in order to focus their investigations and prosecutions on those bearing the greatest responsibility for the most serious crimes, Colombia today is at a crossroads, facing an opportunity to overcome decades of conflict and bring an end to a situation that has led to the ongoing commission of alleged ICC crimes. The principles of the Rome Statute to which Colombiais party — reflect the consensus of the intemational community regarding the integral role of justicein ensuring peace, stability and security. OVERVIEW Ssituations weer brvestigation Sess ie relaton to 25 persone Arrest warvaits outstanding against individuals T prelininary excninatons in & different continents Phases Gases at Pre-Trial Stage Somes bfore Trial Chuanbers 2emees before Appeals Chanber 2oerdits Pepe paced Preliminary examinations refer to the analytical process by which the OTP azsesser 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 mformation from multiple sources, induding “communications” from individuals and parties concerned (phase review). Folloving a sequential process, and irrespective of the mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same legal aiteria laid out in Article 83 of the Statute, namely jusiediction, induding temporaltenitorialipersonal and subject-matter jurisdiction (phase 2), admissibility, induding complementarity and gravity (phaze3) and theinterests of justice (phase 4) Currently, the OTP is conducting preliminary examinations into seven situations: Afghanistan, Honduras and Kores (phase 2), Colombia, Georgia, Guinea, and Nigeria (phase3), Taree teers 1 Situation in the Democratic Republic of the Congo (DRC) — Referred: April 2004 Investigation Opened: June 2004 Taials ‘The Prosecutor» Thomas Lubatpa Dyilo~ charged with war crimes of conscripting, enlisting and using children to actively particpatein hostilities committed in the Ituri region 2002 ~2003 Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to. total of 14 years of imprisonment; prindiples and procedures tobe applied toreparations established on 7 August. This decision is subject to appeal ‘Te Proseautor v Germain Katssea and The Prosecutor v Mcticw Noucolo Cla ~ charged with war crimes and crimes against humanity committed during the attack of the village of Bogoroin the Ituri region on 24 February 2003 Status: Closing oral statements tock place from 15 to23 May 2012, charges severed by Judges on 21 November; on 16 December, Ngudjalo Chui acquitted of all charges; on 21 December, Ngudjclo Chui was released from custody. The Prosecution has appealed the decision. Pre-Thial ‘The Prosecutor v Bosco Néay-uda ~ charged with war crimes of consanpting, enlisting and using children to actively particpate in hostilities committed in the Iturs region 2002-2003; a second warrant was issued to imdude war crimes of murder, attacks against the cvulian population, rapeand sexual avery, and pillaging, as well as crimes against humanity of murder, rape and sexual davery, and persecution Status: Initial app earance on 26 March 2013; confirmation of charges hearing scheduled for 23 September 2013 Page? of? Warrant Pending ‘The Prosecutor v Sylvestre Mudaaunoura ~ charged with war crimes of attacking aviians, 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 between, 20January 2009 and end of September 2010 Issued 13 July 2012 2. Situation in Uganda - Referred: January 2004 Investigation opened: July 20060 ‘Warrants Pending The Preseator» Joseph Kony eal. — charged with war crimes and cimes against humanity committed during LRA's insurgency activities im Northern Uganda 20022008 Terueds 6 July 2005, On 11 july 2007, Pre-Trial Chamnber I ordered to terminate the proceedings against Raska Lukwiya, On 6 November 2007, the OTP submitted information tothe PTC on the reported death of Vincent Ot 4 Apnil - US Ambassador-at-large for Global Criminal Justice Stephen Rapp announced the names of individuals wanted for war crimes and crimes against humanity under the newly expanded mandate of the US Rewards for Justice programme to include ICC fugitives. Ambassador Rapp shared the news that Secretary of State, John Kerry, has approved the offer of up to $5 million for information that leads to the arrest, transfer, and conviction of: the top three leaders of the Lord's Resistance Amy (LRA): Joseph Kony, Okot Odhiambo, and Dominic Ongwen, as well as Sylvestre Mudarumurand, the military commander of the Democratic Forces for the Liberation of Rwanda FDLR) Trial The Frececutor vy Abdalla Barca Abalcr Nowra ud Saleh Mohmvoned Jerbo Janus - charged vwith war crimes committed during an attack againat the Hackanita AU peacekeeping bare m North Darfur on 29 September 2007 Status: Charges confirmed; trial date set for 5 May 2014 Prosecution to present additional evidence ‘The Prosecutor v Bali Icvise Abu Garda ~ charged with war crimes committed during an attack against the Hashanita AU peacekeeping bare sm North Darfur on 29 September 2007 Warrants Pending The Prosecutor v Ono Al Bashir — charged with war crimes, crimes against humanity and genoade committed a: part of the counter: imsurgency campaign in Darfur 2005 — 2008 (at least) Tesued: 4 March 2009 & 12 July 2010 The Proseautor v Ali Kushiayb and Alonod Mow charged with war crimes and crimes against humanity committed during the attacks against the civilian population in Darfur Angust 2003 -March 2004 Iemued: 27 February 2007 ‘The Proseator v Adel Raleem Muluovonod Hussein - charged with war arimes and arimes against humanity committed during attacks against the cian population in Darfur August 2003 -March 2004 Terued: 1 March 2012 Trial The Prosecutor v Jusi-Pierve Bomba Gomibo ~ charged with war crimes and crimes against humanity, imcuding a massive rape campaign, committed in CAR between 26 October 2002-15 March 2003 Status: Prosecution completed the presentation of st case on 21 March 2012; Defense started sts precentation on 14 Angust 2012; the tral resumed on 4 March 2013 following a temp orary susp ension. Tela Thu Proseator v Willson Sensei Ruto aud Josaun Avy Sais ~ charged with crimes against humanity committed during the pos-electoral violence in Kenya on or about 50 December 2007 — end Janeary 2008 Status: Case sent to tril on 23 January 2012, tral date set for 28 May 2013 Tha Proseautor» Was Muigat Kenyatta ~ charged with erimes against humanity committed during the post electoral viclence im Kenya 24— 28 January 2008 Status: Case sent to tral on 23 Janwary 2012, tial date set for 9July2013 (charges withdraven against Francs Kiimi Muthaura) 4 Apnil - US ambassador-at-large for war crimes Stephen Rapp declared at a forum on US-ICC relations held at the Brookings Institution, a Washington think tank that “the indictments issued by the ICC against prominent Kenyans helped prevent violence Pages of?