Professional Documents
Culture Documents
I.3. Situation in Darfur, the Sudan
This situation was referred by the UN Security Council in March 2005. The OTP opened its investigation in June 2005. Three arrest warrants
have been issued, against Ahmad Harun and Ali Kushayb, and against Omar Al Bashir, which are outstanding. Also three summons to
appear have been issued, against Bahar Idriss Abu Garda and against Abdallah Banda Abaker Nourain and Saleh Mohammed Jerbo Jamus.
On 12 July, Pre‐Trial Chamber I issued a second warrant of arrest against Omar Al Bashir for three counts of genocide committed against the
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Fur, Masalit and Zaghawa ethnic groups: genocide by killing, genocide by causing serious bodily or mental harm and genocide by
deliberately inflicting on each target group conditions of life calculated to bring about their physical destruction.Abu Garda voluntarily
appeared before the Court pursuant to a summons. Following his initial appearance on 18 May 2009, he was allowed to leave The
Netherlands. The confirmation of charges hearing was held on 19‐30 October 2009. On 8 February 2010 the Pre‐Trial Chamber issued a
decision declining to confirm the charges. The OTP requested leave to appeal this decision on 15 March and this was denied by the PTC on
23 April. The OTP will present additional evidence. On 25 May the PTC Chamber issued its ‘Decision informing the United Nations Security
Council about the lack of cooperation by the Republic of the Sudan’ in the case against Harun & Kushayb. On 17 June, Abdallah Banda
Abaker Nourain and Saleh Mohammed Jerbo Jamus appeared voluntary before the ICC, to answer charges of war crimes for their roles in
the 2007 attack against African Union peacekeepers in Haskanita. The Pre‐Trial Chamber set the confirmation of charges hearing for Banda
and Jerbo for 22 November 2010.
I.4. Situation in the Central African Republic (CAR)
This situation was referred by the CAR in December 2004. The OTP opened its investigation in May 2007. One arrest warrant has been
issued against Jean‐Pierre Bemba Gombo for crimes committed in 2002‐2003. The confirmation of charges hearing was held on 12‐15 January
2009. On 15 June 2009, Pre‐Trial Chamber II rendered its confirmation of charges decision. On 18 September, the case was referred to Trial
Chamber III. In parallel, the Office continues to monitor allegations of crimes committed since the end of 2005. On 30 August Trial Chamber
III held a status conference where it heard submissions on setting the trial date.
I.5. Kenya
The Office made its examination of the post‐election violence of December 2007‐January 2008 public in February 2008. On
9 July 2009, the African Union Panel of Eminent African Personalities, chaired by Kofi Annan, announced the submission to the OTP of a
sealed envelope containing a list of persons allegedly implicated and supporting materials previously entrusted to Mr. Annan by the Waki
Commission. On 5 November the Prosecutor informed President Kibaki and Prime Minister Odinga of his view that crimes against
humanity had been committed and of his duty, in the absence of national proceedings, to act. Both the President and the Prime Minister
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 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.
21 September ‐ Prosecutor Moreno‐Ocampo issued the following statement: “Before the end of this year, my Office will present two
cases against 4 to 6 individuals who according to the evidence, bear the greatest responsibility for the most serious crimes committed
during Kenya’s 2007‐2008 post election violence. In its 31 March 2010 decision authorizing the opening of an investigation, the ICC Pre‐
Trial Chamber confirmed that these cases would be admissible. In a public press conference, President Kibaki and Prime Minister Odinga
both expressed their support for my investigation. Mr Kilonzo has also recently confirmed to me his personal commitment to do justice for
the victims of the post election violence. It is our hope that the Kenyan justice system will ultimately deal with the many perpetrators that
the ICC will not prosecute.”
22 September ‐ During the UN Human Rights Council Universal Periodic Review relating to Kenya, Kenya supported
recommendations by a number of states, including Austria, Finland, Korea, Ireland, Australia, Norway and Portugal, relating
to cooperation with the ICC.
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.
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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.
II.3. Georgia
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. A second mission to Georgia was conducted in June 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. 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. In 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 informed of its 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
65th session of the UNGA: opening statements highlight the need for justice and accountability
23‐27 September ‐ UN Secretary‐General Ban Ki‐Moon in his opening address in the General Debate of the UN General
Assembly emphasized that “In all we do, human rights are at the core. There can be no peace without justice. The global community
has worked hard and long to usher in a new ‘age of accountability’. In our modern era, let us send a clear message: No nation, large or
small, can violate the rights of its citizens with impunity.”
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Jan Peter Balkenende, the Prime Minister of the Netherlands, stated: “The international community will not allow human rights
violations and crimes against humanity to go unpunished. That applies to the various ad hoc tribunals, such as the Yugoslavia Tribunal. It
also applies to the International Court of Justice. And of course, the International Criminal Court. […] Today, those who commit the most
terrible crimes, wherever in the world they may be, know that their chances of being called to account are growing by the day. Now we
must act boldly. We must strengthen these institutions’ visibility, credibility and authority. We can do that by improving international
cooperation on investigations and prosecutions. By increasing compliance with the relevant Security Council resolutions. And by pushing
for as many countries as possible to sign the Rome Statute and to conduct themselves according to both its letter and its spirit. With that in
mind, I say that it is unacceptable to the Dutch government that someone like President Bashir of Sudan, against whom an arrest warrant
is outstanding, should be allowed to move freely in a country that is an ICC partner.”
Steven Vanackere, Belgium’s Deputy Prime Minister and Minister of Foreign Affairs, stated: “Belgium pleads for a universal
acceptance of the competence of the International Court of Justice and the International Criminal Court. If all countries were willing to
follow up on this appeal, we would be a step closer to having an effective and accountable international system. Taking up our
responsibilities in the field of human rights implies ensuring efficient means and mechanisms in order to ensure their protection. We need
to establish more coherence in our action. Unfortunately, today we focus our attention all too often on how to react to human right
violations while we should focus more on prevention and on the root causes of those violations”.
For Costa Rica, President Laura Chinchilla Miranda emphasized that: “I am convinced that respect of human rights lies, to а great
measure, upon international justice. Its most recent and innovative dimension, arisen from the Treaty of Rome, is the International
Criminal Couгt, to which we reiterate our support after а decade of contributions. То actively use the weapons of the law is another
unavoidable responsibility of global governance”.
The UK Deputy Prime Minister, Nick Clegg, emphasized: “The coming year will see some significant challenges to the United
Nations’ efforts to promote international peace, justice and security: in Sudan, where we will see a referendum on the future of Southern
Sudan, while continuing to look for progress on justice in Darfur and more widely. […] The United Kingdom will also show leadership by
example. As fierce advocates of the international rule of law, we will practice what we preach. No nation can insist on the law, and then act
as though it is above it.”
Ivan Gašparovič, President of the Slovak Republic, stressed: “Slovakia fully supports the fight to end impunity against the
perpetrators of the most serious crimes under international law, such as genocide, war crimes and crimes against humanity. As a
facilitator for the universality and implementation of the Rome Statute of the International Criminal Court, we actively work towards
increasing the number of State Parties to the Rome Statute and its proper implementation.”
Tarja Halonen, President of Finland, further highlighted: “In combating impunity, justice must always go hand in hand with peace
efforts. Finland firmly supports the International Criminal Court in its work in bringing to justice those responsible for the most serious
crimes. We call on all States Parties to the Rome Statute to uphold their international legal obligations under the Statute.”
The Vice President of Botswana, Mompati S Merafhe said: “My country is of the view that the International Criminal Court needs to
be supported in its efforts to resolve outstanding cases of warrants of arrest which have been issued against all persons indicted for the
commission of serious crimes. It is in this context that Botswana remains resolute and steadfast in its support for the work of the ICC”.
French Minister of Foreign Affairs Bernard Kouchner emphasized : “France sees the ICC as one of the most essential developments
in the history of mankind, conscious of the dangers of exposing itself to its own demons. [...] Let me be clear, France will always support the
idea of an impartial and universal international criminal justice, the only way to enforce the requirement to fight against impunity that our
history dictates”.
Institutional developments
As part of its operational and institutional developments, the Office is currently (1) finalizing the process to complete the
appointment of two key positions; (2) completing its policy on preliminary examinations; and (3) engaging in continuous
dialogue with States Parties in order to provide transparency and strengthen its accountability mechanisms.
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(1) The Office received 61 applications to fill in the position of Head of JCCD, as well as 89 applications for the position of
Prosecution Coordinator. The Office is preparing a short list for these positions, and is planning to fill the vacancies by the
end of the year.
(2) As part of its commitment to disseminate policy papers on key issues, the Office will soon be finalizing a draft policy
paper explaining the process of the preliminary examination phase, which it conducts to identify which situations to
investigate. A draft will be disseminated with the next OTP weekly briefing, in order to receive comments and feedback
from our various partners and stakeholders. The final document will be made public in November 2010.
(3) The Office is in a dialogue with the other organs of the Court and with States Parties in order to strengthen the
mechanisms of accountability and to ensure the capacity of the ASP to inspect, evaluate and investigate the Court. As in
the past, the Office is ready to provide any information required by the States. The Office considers that the capacity of
inspection of the Assembly is very broad and that the Prosecutor could be investigated and evaluated by the ASP through
different established mechanisms. However, in accordance with the Statute, the staff of the Office should only be
investigated following a decision from the Prosecutor. As part of this process, the Office sent a letter to the HWG
facilitator on Internal Oversight Mechanism (IOM) to express its wish to be heard on the functioning and on the mandate
of the IOM.
22 September ‐ During the UN Human Rights Council Universal Periodic Review relating to Kenya, the UK highlighted
recommendations related to better protection of witnesses and human rights defenders; establishment of an independent,
credible and authoritative Police Oversight Authority; and action against the culture of impunity, including extra‐judicial
killings as important issues that deserved the full attention of the Government, and welcomed Kenya’s support for action on
these points. Kenyan Justice Minister Kilonzo said that the Kenyan Government was implementing far‐reaching measures
aimed at reforming the Judiciary and the Police. The UK stated it “was disappointed at Kenya’s hosting of President Bashir during
its constitutional ceremony, in violation of its basic legal obligations under the Rome Statute. There were numerous reports of impunity
causing instability.” At the same meeting, the World Organisation against Torture expressed its deep concerns at the
Government’s breach of its obligations under the Rome Statute by failing to arrest President Al Bashir and aggravating the
situation by harassing two human rights defenders who publicly protested on the matter.
23 September ‐ The participants to the 9 September EU High‐Level Conference on UNSC Resolution 1325, including Catherine
Ashton, High Representative for Foreign Affairs and Security Policy/Vice President of the European Commission, Margot
Wallström, Special Representative to the UN Secretary‐General on sexual violence in armed conflict and Alain Le Roy, UN
Under‐Secretary‐General for Peacekeeping Operations, called “on the Security Council, in the fight against impunity, to impose
targeted and graduated measures against parties to conflict who violate women’s rights, including perpetrators of sexual violence as well as
commanders who commission or condone the use of sexual violence. The Council should include sexual violence as a priority element of
resolutions mandating its Sanctions Committees, and these should explicitly include sexual violence as a criterion for the designation of
political and military leaders for targeted measures”.
IV. Upcoming Events
¾ 28‐29 September ‐ Prosecutor gives keynote address at 25th anniversary of the Center for Victims on Torture on “How
Prosecution can lead to prevention” at the 2010 Symposium of the Minnesota Law School, Minneapolis
¾ 30 September ‐ Prosecutor in New York for various meetings at the UN and a lecture at the NYU Forum “The gender of
atrocity: Accountability vs. Impunity in Sudan and beyond”
¾ 3‐4 October ‐ Prosecutor makes official visit to Denmark
¾ 5‐6 October ‐ Prosecutor attends meeting organized by the Hauser Center for Nonprofit Organizations, Harvard University,
entitled ‘Strengthening Justice in the Context of ICC Preliminary Examinations’, Bellagio, Italy
¾ 10 October ‐ Deputy Prosecutor attends national celebration of the third edition of the ‘Marche Mondiale des Femmes’
organized by the International movement of Feminists, Tervuren, Belgium
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¾ 19‐20 October ‐ Prosecutor and Deputy Prosecutor participate in OTP‐NGO Round Table, The Hague
¾ 26‐27 October ‐ Prosecutor participates in an event organised by the NY University School of Law, New York
¾ 28‐29 October ‐ Prosecutor participates to a high‐level retreat on ʺComplementarity after Kampala: The Way Forwardʺ,
organized by ICTJ and the ASP
* 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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