Situations

Four situations are currently before the pre-trial chambers of the ICC from Uganda, the Democratic Republic of Congo, Darfur, Sudan and the Central African Republic.

The proceedings held before the Court to date have been mainly of a procedural nature and include such issues as the convening of status conferences, the preservation of evidence and the protection of witnesses and victims..

Arrest warrants were issued by the ICC against Ali Kushayb and Ahmad Harun for alleged war crimes and crimes against humanity in Darfur Sudan and Joseph Kony, Vincent Otti, Raska Lukwiya (now withdrawn due to his death), Okot Odhiambo and Dominic Ongwen for similar crimes allegedly committed in Northern Uganda. The major challenge in relation to these two situations is lack of states’ cooperation in enforcing the arrest warrants.

In the situation of Sudan, the government rejects the jurisdiction of the Court and has refused to surrender its citizens. Ali Kushayb, who was detained in Sudan on other charges, was subsequently released in October 2007. Ahmad Harun has been appointed Minister of Humanitarian Affairs by the Government of Sudan and Co-president of the national committee charged with investigating the human rights violations committed in Sudan and in particular in the Darfur region. The Prosecutor has made several speeches urging the full cooperation of states and has recently called upon the UN Security Council for assistance in executing the arrest warrants at the last Assembly of States Parties in December 2007. The UN Secretary General has recently urged all countries to cooperate with the ICC and assist in enforcing the arrest warrants. The IBA fully supports every effort to engage the cooperation of states with the Court (IBA Press Release: 8 October 2007).

The situation in Uganda has stirred the “peace vs justice” debate after the issuance of the arrest warrants against Joseph Kony,and the other top LRA leaders when peace talks began in 2006. The view has been expressed that the ICC arrest warrants issued against the top LRA leaders are an impediment to the peace process. The ICC Prosecutor has made it clear that the warrants will not be withdrawn as peace and justice are not mutually exclusive objectives.

Cases

Prosecutor v. Thomas Lubanga Dyilo

Thomas Lubanga Dyilo became the first accused before the ICC when he was transferred to the Court on 17 March 2006. An arrest warrant had been issued against him on 10 February 2006. Mr. Lubanga is accused of conscripting or enlisting children under the age of 15 or using them to participate actively in hostilities. Mr. Lubanga was allegedly both President of the Union des Patriotes Congolais (UPC) and the Commander in Chief of its former military wing, the Forces Patriotiques pour la Libération du Congo (FPLC), a militia group at war in the Ituri district. Following a confirmation of charges hearing the charges against Mr. Lubanga were confirmed by Pre-Trial Chamber I on 29 January 2007.

The Lubanga case has generated the first jurisprudence of the Rome Statute, the Rules of Procedure and Evidence and the Regulations of the Court. Decisions have been rendered on victims’ participation [see IBA's Monitoring Report (April 2006)], the process of discovery, interlocutory appeals as well as a number of procedural challenges deriving from these developments.

Mr. Lubanga’s trial is scheduled to start on 31 March 2008, more than one year after the confirmation of charges.

For the latest developments in the Lubanga case, see the ICC Court Diary.

The Prosecutor v. Germain Katanga

On 2 July 2007, an arrest warrant was issued by Pre-Trial Chamber I for Mr. Germain Katanga alleging six counts of war crimes and three counts of crimes against humanity related to acts of murder, serious bodily harm, sexual slavery of women and girls and other egregious crimes against civilians committed in Ituri in early 2003. Germain Katanga is the alleged former senior commander of the Force de Résistance Patriotique en Ituri (Patriotic Resistance Force in Ituri-‘FRPI’).

Mr. Katanga was arrested along with other militiamen in March 2005 by DRC authorities. He was surrendered to the Court on 18 October 2007 and appeared in Court for the first time on 22 October 2007. The confirmation of charges hearing is set for 28 February 2008. The major issue that has arisen in this case relates to the languages spoken and fully understood by Mr. Katanga, who indicates that while he understands French, the language which he fully understands is Lingala. The Pre-trial Chamber is thus required to determine whether the proceedings will have to be translated into Lingala, an issue with major resource implications for the Court.

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