Foreign Policy Blogs

I.C.C. Update: Bashir Decision Tomorrow

From the I.C.C.

Situation in the Democratic Republic of the Congo:
In this situation, three cases are being heard before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; and The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. The accused Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui are currently in the custody of the ICC. The suspect Bosco Ntaganda remains at large. The trial in the case The Prosecutor v. Thomas Lubanga Dyilo started on 26 January, 2009. The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November, 2009.

Katanga and Ngudjolo Chui case:
The trial of Germain Katanga & Mathieu Ngudjolo Chui resumed on 26 January, 2010.  The trial in the case of The Prosecutor v. Germain Katanga & Mathieu Ngudjolo Chui resumed on 26 January, 2010. The hearing before Trial Chamber II started with the deposition of an expert witness, Mr Zoran Lesic, visual technician at the International Criminal Tribunal for the former Yugoslavia, who testified in English.

Situation in the Central African Republic:
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 a Trial Chamber. The trial is scheduled to start on 27 April, 2010.

Situation in Darfur, Sudan:
In the situation in Darfur, Sudan, three cases are being heard: 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; and The Prosecutor v. Bahar Idriss Abu Garda. Three warrants of arrest have been issued by Pre-Trial Chamber I for Harun, Kushayb and Al Bashir for crimes against humanity and war crimes. The three suspects remain at large. A summons to appear was issued for Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. Abu Garda is not in the custody of the ICC. The hearing of confirmation of charges took place from 19 to 29 October 2009.

Al Bashir Case

Appeals Chamber to deliver on 3 February, 2010, its judgment on the Prosecutor’s appeal against the arrest warrant decision.  On Wednesday, 3 February, 2010, at 10:30 a.m. (The Hague local time), the Appeals Chamber of the International Criminal Court will deliver, in public session, its judgment on the Prosecutor’s appeal against the “Decision on the Prosecution’s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir”.  In that decision dated 4 March, 2009, the majority of Pre-Trial Chamber I found that the material provided by the Prosecutor in support of his application for a warrant for the arrest of Omar Al Bashir failed to provide reasonable grounds to believe that Omar Al Bashir had the specific intent to destroy, in whole or in part, the Fur, Masalit and Zaghawa groups. Consequently, the crime of genocide was not included in the warrant issued for the arrest of Omar Al Bashir.  On 6 July, 2009, the Prosecutor appealed the decision, in relation to that charge, submitting to the Appeals Chamber that the majority of Pre-Trial Chamber I erred when requiring that the existence of reasonable grounds to believe that the person has committed the alleged crime must be the only reasonable conclusion from the evidence presented by the Prosecutor.

 

Author

Brandon Henander

Brandon lives in Chicago and works as a Project Coordinator for Illinois Legal Aid Online. He has a LL.M. in International Law and International Relations from Flinders University in Adelaide. Brandon has worked as a lobbyist for Amnesty International Australia and as an intern for U.S. Congressman Dave Loebsack. He also holds a B.A. in Political Science, Philosophy and Psychology from the University of Iowa. His interests include American and Asian politics, human rights, war crimes and the International Criminal Court.