Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, ahead of general elections in the Central African Republic: “we will record any instance of violence or incitement to violence”. On Sunday, 27 December 2015, the polls open for the people of the Central African Republic (“CAR”) to elect their President and representatives at the National Assembly through the ballot box. In accordance with my Office’s jurisdiction under the Rome Statute, I have been closely following developments in CAR.  While the recent Constitutional referendum benefited from strong participation despite a volatile security situation, I observed with concern reported incidents of violence and threats in an effort to intimidate and obstruct people from voting. Such violence may lead to crimes falling under the jurisdiction of the International Criminal Court (“ICC” or the “Court”), and must stop. In September 2014, following a referral by the CAR authorities, I announced my Office’s second investigation into crimes committed in the country. This investigation is ongoing; my Office continues to collect evidence, with a view to requesting warrants of arrest as soon as possible against those responsible for grave crimes committed since 1 August 2012, with no end date. The process of gathering evidence against any person who incites or engages in acts of mass violence before, during and after the elections is continuing.  Such acts are serious crimes, which the ICC has jurisdiction to deal with. I want to be clear: my Office will continue to closely follow developments in CAR in the coming period and record any instance of violence or incitement to violence.  Those who incite or commit atrocity crimes will be held accountable either by the relevant national authorities in CAR or at the ICC. Information: www.icc-cpi.int

Statement by the President of the Councils of State and Ministers of the Republic of Cuba, Army General Raúl Castro Ruz, on the occasion of the first anniversary of the announcements made on December 17, 2014, regarding the decision to reestablish diplomatic relations between Cuba and the United States   One year has gone by since the simultaneous announcements made on December 17, 2014, by the presidents of Cuba and the United States to re-establish diplomatic relations between both countries and work to improve our relations. One year ago, on a day like yesterday, as part of the agreements reached to find a solution to issues of interest for both countries, we were able to announce, to the great joy of all of our people, the return to our homeland of Gerardo, Ramón and Antonio, with which we made true the promise made by Fidel who had asserted that our Five Heroes would return. On that same date, in accordance with our reiterated disposition to hold a respectful dialogue with the Government of the United States, on the basis of sovereign equality, to discuss a wide variety of issues in a reciprocal way, without any detriment to our people’s national independence and self-determination, we agreed to take mutual steps to improve the bilateral atmosphere and move on towards the normalization of relations between the two countries. It could be said that, since then, we have achieved some results, particularly in the political, diplomatic and cooperation spheres:

• Diplomatic relations were re-established and the embassies in both countries were re-opened. These actions were preceded by the rectification of the unjust designation of Cuba as a State sponsor of terrorism.
• High level meetings and visits have taken place.
• The already existing cooperation in areas of mutual interest, such as aviation safety and security as well as the combat against drug-trafficking, illegal migration, alien smuggling and migration fraud has been expanded. The regular and respectful meetings between the military commands of Cuba and the United States in the perimeter of the U.S. Naval Base in Guantánamo have continued.
• New possibilities for bilateral cooperation have opened up in areas of mutual benefit, such as environmental protection, law enforcement, maritime and port security and health.
• New dialogues have been initiated on bilateral and multilateral topics of interest, such as climate change, mutual compensations, traffic in persons and human rights, this latter being the one on which we have profound differences and about which we are having an exchange on the basis of respect and reciprocity.
• We have signed agreements on environmental protection and the re-establishment of direct postal services.

All of this has been achieved through a professional and respectful dialogue based on equality and reciprocity. Quite on the contrary, this year we have not made any progress in the solution of those issues which are essential for Cuba to be able to have normal relations with the United States. Although President Obama has repeatedly stated his opposition to the economic, commercial and financial blockade and has urged Congress to lift it, this policy remains in force. The persecution of Cuba’s legitimate financial transactions as well as the extraterritorial impact of the blockade, which causes damages and hardships to our people and is the main obstacle to the development of the Cuban economy, have been tightened. The steps taken so far by President Obama, although positive, have proved to be limited in scope, which has prevented their implementation. By using his executive prerogatives, the President could expand the scope of the steps that have already been taken and take new steps that would substantially modify the implementation of the blockade.

Despite Cuba’s repeated claim for the return of the territory illegally occupied by the Guantánamo Naval Base, the Government of the United States has stated that is has no intention to change the status of that enclave. The U.S. Government is still implementing programs that are harmful to Cuba’s sovereignty, such as the projects aimed at bringing about changes in our political, economic and social order and the illegal radio and television broadcasts, for which they continue to allocate millions of dollars in funds. A preferential migration policy continues to be applied to Cuban citizens, which is evidenced by the enforcement of the wet foot/dry foot policy, the Medical Professional Parole Program and the Cuban Adjustment Act, which encourage an illegal, unsafe, disorderly and irregular migration, foment human smuggling and other related crimes and create problems to other countries. The Government of Cuba will continue to reiterate that, in order to normalize relations, it is imperative for the U.S. Government to derogate all these policies that date from the past, which affect the Cuban people and nation and are not in tune with the present bilateral context and the will expressed by both countries to re-establish diplomatic relations and develop respectful and cooperative relations between both peoples and governments. No one should expect that, in order to normalize relations with the United States, Cuba will renounce the principles and ideals for which several generations of Cubans have struggled throughout more than half a century. The right of every State to choose the economic, political and social system it wishes, without any interference whatsoever, should be respected. The Government of Cuba is fully willing to continue advancing in the construction of a kind of relation with the United States that is different from the one that has existed throughout its prior history, that is based on mutual respect for sovereignty and independence, that is beneficial to both countries and peoples and that is nurtured by the historical, cultural and family links that have existed between Cubans and Americans. Cuba, in fully exercising its sovereignty and with the majority support of its people, will continue to be engaged in the process of transformations to update its economic and social model, in the interest of moving forward in the development of the country, improving the wellbeing of the people and consolidating the achievements attained by the Socialist Revolution.    

Thomas Lubanga Dyilo and Germain Katanga transferred by the ICC to the DRC to serve their sentences of imprisonment.   On 19 December 2015, Thomas Lubanga Dyilo and Germain Katanga were transferred to a prison facility in the Democratic Republic of the Congo (“DRC”) to serve their respective sentences of imprisonment. This constitutes the first time that the International Criminal Court (ICC) has designated a State for the enforcement of imprisonment’s sentences. On 8 December 2015, the Presidency of the ICC designated the DRC as the State of enforcement for the sentences of imprisonment of Mr Lubanga and Mr Katanga, pursuant to article 103 of the Rome Statute. The Presidency emphasised that Mr Lubanga and Mr Katanga had each expressed a preference to serve their respective sentences of imprisonment in the DRC, their home country. The Presidency noted that the enforcement of the sentences of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international standards governing the treatment of prisoners. The transfer of Mr Lubanga and Mr Katanga to the DRC occurred with the close cooperation of the DRC authorities and the support of the Dutch and French authorities. On 24 November 2015, the ICC and the DRC finalised an ad hoc Agreement in respect of each sentenced person, expressing the willingness of the DRC to accept Mr Lubanga and Mr Katanga for the enforcement of their sentences of imprisonment and providing a framework to govern such enforcement.   Background Mr Lubanga was sentenced on 10 July 2012 to 14 years of imprisonment by Trial Chamber I, after having been found guilty of the war crimes of conscripting and enlisting children under the age of 15 years and using them to participate actively in hostilities. On 1 December 2014, the Appeals Chamber confirmed the conviction and sentence imposed. The time he has spent in the ICC’s custody will be deducted from the sentence imposed. He has been detained at the ICC Detention Centre in The Hague since 16 March 2006. Germain Katanga was sentenced, on 23 May 2014, to a total of 12 years’ imprisonment after being  found guilty, as an accessory, of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the Democratic Republic of the Congo. The time spent by Mr Katanga in detention prior to being convicted was deducted from the sentence imposed. On 13 November 2015, a Panel of three Judges of the ICC  Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Germain Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence is set to 18 January 2016. The situation was referred to the Court by the DRC Government in April 2004. The Prosecutor opened an investigation in June 2004. In addition to the cases against Mr Lubanga and Mr Katanga, four cases have been brought before the ICC Judges. One accused, Bosco Ntaganda, remains in ICC custody. His trial started on 2 September 2015 and the hearings are scheduled to resume in January 2016. One suspect, Sylvestre Mudacumura, remains at large. Mathieu Ngudjolo Chui has been acquitted by ICC Trial Chamber II, and the charges were not confirmed against Callixte Mbarushimana. For further information on the Lubanga case and the Katanga case, respectively, click here and here.