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committed to cooperate with the Court. On 26 November the Prosecutor requested authorization from Pre‐Trial Chamber II to open an
investigation, noting that: 1,220 persons had been killed; hundreds raped, with thousands more unreported; 350,000 people were forcibly
displaced; and 3,561 injured as part of a widespread and systematic attack against civilians. On 31 March the Pre‐Trial Chamber authorized
the Prosecutor to commence an investigation covering alleged crimes against humanity committed during the events that took place
between 1 June 2005 and 26 November 2009. The Prosecutor made his first visit to Kenya since the beginning of the investigation on 8‐12
May.
26 May ‐ Nobel Peace Laureate Professor Wangari Maathai warned that the situation in Kenya could degenerate if the work of
the ICC is not being supported by Kenyans: “Those involved in the violence are still at large. It is almost impossible to bring about
peace, justice and reconciliation without stopping impunity and punish the perpetrators of this horrendous episode in our history. The ICC
investigation brings hope to victims of the violence and can serve as an example of the justice system we need to build here in Kenya.”
I.6 Miscellaneous
23 May ‐ The UN Secretary‐General Special Representative for Gender Violence in Conflict, Margot Wallström, highlighted the
role of the ICC in combating impunity for gender violence, prosecuting those up the chain of command and making it possible
for victims of rape to come forward.
II. Preliminary Examinations
Statistics on Article 15 Communications and other preliminary examination activities.
A preliminary examination is the first phase of the Office of the Prosecutor activities, in order to assess if an investigation should be opened.
It is a phase during which the Office first assesses the jurisdiction of the Court, whether crimes falling under the ICC jurisdiction may have
been, or are possibly being, committed in a given situation; if the conditions are met, whether genuine investigations and prosecutions are
being carried out by the competent authorities in relation to these crimes; and, as a third step, whether the possible opening of an
investigation by the Prosecutor would not go against the interests of justice. During this phase, and in accordance with Article 15, the Office
proactively evaluates all information on alleged crimes from multiple sources, including “communications” from individuals and parties
concerned. The triggering of a preliminary examination does not imply that an investigation will be opened.
24 communications that may fall under Article 15 were received by the Office in the month of May. 18 of these
communications were manifestly outside the jurisdiction of the Court; 6 communications warranted further analysis or were
linked to a situation already under analysis. The total number of Article 15 communications received to date is 8,765, of which
3,955 were manifestly outside the jurisdiction of the Court.
II.1. Afghanistan
The Office made its examination public in 2007. It examines alleged crimes within the jurisdiction of the Court by all actors involved. The
OTP met outside Afghanistan with Afghan officials and organizations. The OTP sent requests for information to the Government of
Afghanistan and has not yet received an answer.
II.2. Colombia
The Office made its examination public in 2006. It examines alleged crimes within the jurisdiction of the Court and
investigations/proceedings conducted in Colombia against the allegedly most serious perpetrators, paramilitary leaders, politicians, guerrilla
leaders and military personnel. The Office is also analysing allegations of international networks supporting armed groups committing
crimes in Colombia.
27 May ‐ A report from a mission to Colombia by the UN Special Rapporteur on extrajudicial, summary or arbitrary
executions, Philip Alston, concludes that it appears that the so‐called falsos positivos (false positives cases) were not carried out
as a matter of State policy. He also noted, however, that they were not isolated occurrences. The report also notes that guerrilla
and other armed groups continue to kill civilians.
II.3. Georgia
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The Office made its examination public on 14 August 2008. The Georgian Minister of Justice visited the OTP. Russia, a State not Party to the
Statute, has sent 3,817 communications to the OTP. The Prosecutor requested information from the Governments of Russia and Georgia on
27 August 2008. Both the Russian and Georgian authorities responded. The Office conducted a visit to Georgia in November 2008 and to
Russia in March 2010.
II.4. Palestine
On 22 January 2009, the Palestinian National Authority lodged a declaration with the Registrar under Article 12(3) of the Rome Statute
which allows States not party to the Statute to accept the Court’s jurisdiction. The OTP will examine issues related to its jurisdiction: first
whether the declaration accepting the exercise of jurisdiction by the Court meets statutory requirements; and second whether crimes within
the Court’s jurisdiction have been committed. The Office will also consider whether there are national proceedings in relation to alleged
crimes. A delegation from the Palestinian National Authority, and Representatives of the Arab League visited the Court on 15‐16 October
2009 to present a report in support of the PNA’s ability to delegate its jurisdiction to the ICC. On 11 January, the OTP sent a letter
summarizing its activities to the United Nations at their request, in the context of following up on the Goldstone Report. On 3 May, the OTP
published a “Summary of submissions on whether the declaration lodged by the Palestinian National Authority meets statutory
requirements.” The OTP has not made any determination on the issue.
II.5. Côte d’Ivoire
The Court has jurisdiction over the situation in Côte d’Ivoire by virtue of an Article 12(3) declaration submitted by the Ivorian Government
on 1 October 2003. The declaration accepts the jurisdiction of the Court as of 19 September 2002. The most serious crimes, including alleged
widespread sexual violence, were committed in 2002‐2005. On 17‐18 July 2009, high‐level representatives of the OTP visited Abidjan.
II.6. Guinea
The Office made its examination of the situation in Guinea public on 14 October 2009. Guinea is a State Party to the Rome Statute since 14
July 2003 and, as such, the ICC has jurisdiction over war crimes, crimes against humanity and genocide possibly committed in the territory
of Guinea or by nationals of Guinea, including killings of civilians and sexual violence. The Office has taken note of serious allegations
surrounding the events of 28 September 2009 in Conakry in accordance with Article 15 of the Statute. On 12, 13 and 15 January 2010, OTP
high level representatives held consultations with President Compaore of Burkina Faso, mediator for the contact group on Guinea, and
President Wade of Senegal to ensure that they are fully informed of its ongoing work. From 15 to 19 February 2010, the OTP sent a mission
to Guinea, led by Deputy Prosecutor Fatou Bensouda, in the context of its preliminary examination activities. From 19‐21 May a second OTP
mission met with the Guinean Minister of Justice, Col. Lohalamou, and Guinean judges. The Guinean authorities extended full cooperation
to the Court.
III. Cooperation – Galvanizing Efforts to Arrest
25 May ‐ The Council of the European Union adopted conclusions on the Review Conference noting that the Court brings real
hope to the victims that justice will be done and reiterating the EU’s unwavering support for the Court.
25 May ‐ Prosecutor Moreno‐Ocampo met with Chunghwan Choi and Tom Moxham from the Korean Bar Association to
discuss matters of mutual interest.
26 May ‐ Ahead of the Review Conference, Amnesty International urged Governments in the Great Lakes Region to
implement ICC arrest warrants. Arrest warrants for Joseph Kony and four LRA commanders were issued in 2005, but never
implemented.
27 May ‐ South African President Jacob Zuma reiterated that Sudanese President Al Bashir will face arrest should he come to
next monthʹs World Cup in South Africa. “South Africa respects the international law and certainly we are signatories and we abide by
the law,” Zuma said.
Continuation of the coverage of the Review Conference
27 May ‐ In Kampala Prosecutor Moreno‐Ocampo participated in the 6th Consultative
Assembly of Parliamentarians for the ICC where he briefed parliamentarians from all over the
world on the ongoing activities of his Office and the ways in which parliamentarians can
enforce their support to the ICC: “In all of our cases, there is one constant: there are no national
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institutions protecting the victims. In some cases, like Darfur, those who have the mandate and the responsibility to protect the victims are
the same ones attacking them. The novelty now is that these victims have an institution that is representing them: the ICC. […] But this
will not be enough: the victims need your voice. They need the support of the people you represent. […].Victims have to feel that they are
not alone. As Desmond Tutu said, “choose your side”: the side of the victims or the side of the perpetrators. Our choice is clear. We need
you on our side.”
28 May ‐ Prosecutor Moreno‐Ocampo and Deputy Prosecutor Fatou Bensouda participated in an Africa Legal Aid seminar in
Kampla, ‘Africa and the International Criminal Court’. In their interventions, the Prosecutor and Deputy Prosecutor
highlighted the leading role of Africa in the creation and implementation of the Rome Statute.
29 May ‐ Prosecutor Moreno‐Ocampo participated in a screening of “The
Reckoning” organized by Africa Legal Aid in Kampala, attended by
students, academics and experts. The participants exchanged questions and
views with the Prosecutor; one student stated: “It is rather painful to see that
our African leaders are still trying to ally with criminals, with the worst violators
of human rights. As the new generation, we must make a difference. We appreciate
the fact that the Court’s initiative to prosecute crimes is corollary to the
responsibility to protect”. Another participant emphasized: “A lot has changed.
We see our African leadership changing. We are sure that once Bashir is in custody,
a lot is bound to change for Africa.”
30 May ‐ During the Gala dinner organized by Cinema for Peace and the Trust
Fund for Victims in Kampala, Cinema for Peace awarded the Justicia prize to the
UN, in the person of Secretary‐General Ban Ki‐Moon, for its role in establishing
international justice and its unwavering support for the ICC.
31 May ‐ UN Secretary‐General Ban Ki‐Moon noted during the opening session of
the Review Conference, that “[n]ow, we have the ICC. Permanent, increasingly
powerful, casting a long shadow. There is no going back. In this new age of accountability,
those who commit the worst of human crimes will be held responsible. Whether they are
rank‐and‐file foot soldiers or military commanders; whether they are lowly civil servants
following orders, or top political leaders, they
will be held accountable.”
31 May ‐ Prosecutor Moreno‐Ocampo met with President Jakaya Kikwete of Tanzania.
The Prosecutor updated the President on the ongoing activities of the Office and
discussed matters of cooperation. The Prosecutor and the President already met on 18
April in New York.
31 May ‐ Jurisdiction, Complementarity and Cooperation Division Director, Béatrice Le Fraper du Hellen, left her post at the
completion of her contract.
V. Coming Events
4 June ‐ Prosecutor travels to New York for consultations
11 June ‐ Prosecutor briefs the UN Security Council on the situation in Darfur, New York
21‐24 June ‐ OTP mission to Georgia in the context of its preliminary examination work
5 July ‐ Start of trial of the case Prosecutor v. Jean‐Pierre Bemba Gombo
12 July ‐ Prosecutor participates in an International Student Debate at the University of Amsterdam
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14‐16 July ‐ Deputy Prosecutor participates in an International Conference on ‘Africa and the Future of International
Criminal Justice’ at the University of Witwatersrand, Johannesburg
* This document reflects the views of the Office of the Prosecutor of the ICC. For more information, contact Mrs. Olivia Swaak‐Goldman, International Cooperation Adviser
in the Office of the Prosecutor, at Olivia.Swaak‐Goldman@icc‐cpi.int
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