Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following the confirmed death of LRA commander Okot Odhiambo.   On 27 July 2015, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) requested the Pre-Trial Chamber to withdraw and render without effect the warrant of arrest issued against former Lord’s Resistance Army (LRA) commander Okot Odhiambo following confirmation of his death. Today, ICC judges have withdrawn the warrant of arrest against Mr Odhiambo, one of the top four commanders of the LRA rebel group who have allegedly terrorised Northern Uganda and the Great Lakes region for more than a quarter of a century. According to the OTP investigation, the LRA Commanders including Odhiambo allegedly committed unimaginable crimes; reportedly killing tens of thousands and displacing millions of people. The ICC issued warrants of arrest against the LRA Commanders including Okot Odhiambo in 2005 for crimes against humanity and war crimes committed in Uganda, including murder, enslavement, enlisting of children, intentionally directing attacks against civilians and pillaging. Okot Odhiambo was reportedly killed on 14 February 2014 in Central African Republic during a battle between the LRA and the Ugandan army. From August 2014, the OTP worked with various stakeholders including the Ugandan government in order to verify reports of Odhiambo’s death. On 20 March 2015, a body was exhumed from the alleged burial site of Odhiambo and transported to Kampala. In June 2015, following rigorous DNA tests, the OTP was able to conclusively confirm that the body that was exhumed was that of Okot Odhiambo. Okot Odhiambo is the second LRA commander wanted by the Court who has been officially confirmed dead. The first was Raska Lukwiya, another LRA commander, whose death in 2006 was also confirmed following DNA tests. Vincent Otti, the second-in-command of the LRA at the time the ICC issued a warrant of arrest against him in 2005 for crimes against humanity and war crimes, was reportedly executed on orders from Joseph Kony in 2007. The OTP continues to gather information in its efforts to independently verify the reports of Vincent Otti’s death. Okot Odhiambo’s death means he has evaded justice at the ICC. However, the confirmation of charges against Dominic Ongwen, another high ranking commander of the LRA is due to start in January 2016. Joseph Kony, the LRA commander-in-Chief is the only LRA commander sought by the ICC and still at large. He must also be brought to justice. The Office urges all States to renew and refocus efforts to secure the arrest of Joseph Kony as well as all other ICC fugitives in other situations. The victims of their crimes have waited far too long and deserve to see justice done.

By Carlotta Duken. 10th September 2015 – An update on the newest developments in the refugee crisis in the Mediterranean. In the past two days, the International Organization for Migration (IOM) reports on the persistent flow of refugees to Europe’s Mediterranean coasts. While the coasts of Malta and Spain did not register any new arrivals in that short period, the situation in Italy and Greece remain unchanged, counting thousands of new arrivals every day. Only this year, as estimated by the International Organization for Migration (IOM), approximately 432,761 refugees arrived on the Mediterranean coast, where of 2,760 did not survive their journey. Italy and Greece remain the two countries which are most affected by large numbers of refugee. In both countries the number of refugees increased between 2014 and 2015, challenging both countries’ capacities and capabilities to manage the current situation. The IOM supports Italian and Greek officials on site, providing legal assistance to those arriving by sea, monitoring their reception conditions, supporting vulnerable groups such as unaccompanied minors, elderly migrants, migrants with medical needs and families with children which are then referred to authorities to receive the necessary care. In Italy, the number of refugees remains steadily high. Most refugees land on Sicily, Lampedusa, Calabria or Apulia. Currently, the main departure country for people arriving in Italy is Lybia. In Greece, the surge in refugees is the most severe among the Mediterranean countries, whereby the number of refugees in this exceeds the ones from last year by 925% and counting. Most refugees landing on Greek soil are from Syria and Afghanistan. They take the Eastern Mediterranean route and arrive at the islands of Lesvos, Kos, Samos, Kalymnos, Megisti, Symi and Chios.    

Ongwen case: Pre-Trial Chamber II recommends holding the confirmation of charges hearing in Uganda; ICC Presidency’s decision to be made in due course. On 10 September 2015, Pre-Trial Chamber II of the International Criminal Court (ICC) recommended to the ICC Presidency that the hearing on the confirmation of charges against Dominic Ongwen, be held in the Republic of Uganda. The ICC Presidency will now consult with the Ugandan authorities and make a decision on this matter, in consultation with the Pre-Trial Chamber, in due course. The confirmation of charges hearing in respect of Dominic Ongwen is scheduled to commence on 21 January 2015 and is expected to last three to no more than five working days. The confirmation of charges hearing is not a trial. It is a Pre-Trial hearing held to determine whether there is sufficient evidence to commit the case for trial before a Trial Chamber. The Chamber considers that it would be desirable and in the interest of justice to hold the confirmation of charges hearing in Uganda, preferably in Gulu as this location is the closest to the location of the alleged crimes, or alternatively in Kampala. Also, the Chamber is of the view that the hearing on the confirmation of charges is well suited to achieve the ultimate purpose of holding proceedings away from the seat of the Court, as it is a short, self-contained, discrete procedural step. In addition, the Chamber considers that the estimated costs of organising the confirmation of charges hearing in Uganda do not appear disproportionate. Prior to making this recommendation, the Chamber received an assessment of the ICC Registry as to the possibility of holding the confirmation of charges hearing in Uganda, as well as submissions of the Office of the Prosecutor and the Defence both in favour of attempting to bring the Court’s process closer to the communities affected by the alleged crimes. Pursuant to Rule 100 of the Rules of Procedure and Evidence, where the Court considers that it would be in the interests of justice, it may decide to sit in a State other than the host State, for such period or periods as may be required, to hear the case in whole or in part. Background:  Dominic Ongwen was the alleged Brigade Commander of the Sinia Brigade of the Lord’s Resistance Army (LRA). On 8 July 2005, ICC Judges issued an arrest warrant against Mr Ongwen for 3 counts of crimes against humanity (murder; enslavement; inhumane acts of inflicting serious bodily injury and suffering) and 4 counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population; pillaging) allegedly committed on or about 20 May 2004 at the Lukodi IDP Camp in the Gulu District. On 16 January 2015, Dominic Ongwen was surrendered to the ICC’s custody and transferred to the ICC Detention Centre on 21 January 2015. His initial appearance before the Court took place on 26 January 2015.   For further information on the case, click here  

Situation in Kenya: ICC Judges unseal an arrest warrant against Paul Gicheru and Philip Kipkoech Bett On 10 September 2015, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Paul Gicheru and Philip Kipkoech Bett, initially issued on 10 March 2015 for offences against the administration of justice consisting in corruptly influencing witnesses. The Pre-Trial Chamber II found that there are reasonable grounds to believe that Philip Kipkoech Bett, also known as “Kipseng’erya”, hailing from and residing in Kenya, and Paul Gicheru, a lawyer based in Kenya, are criminally responsible for offences against the administration of justice consisting in corruptly influencing Prosecution witnesses. Based on the Prosecutor’s evidence, the Chamber found that it was necessary to arrest the two suspects to ensure their appearance before the Court, to ensure that they do not obstruct or endanger the investigation or court proceedings and to prevent the further exercise of corrupt influence on the witnesses of the Court. In its decision of 10 March 2015, the Chamber found that the ICC should exercise its jurisdiction on this case, considering that based on the available information before the Chamber, an effective national prosecution was unlikely to take place in the particular circumstances of the present case, and with view to the size and extent of organisation of the alleged criminal effort to corruptly influence witnesses of the Court as well as the related concerns for witness protection. Pre-Trial Chamber II decided today to make the arrest warrant public on the basis of the information provided by the Prosecutor, that Paul Gicheru and Philip Kipkoech Bett were arrested on 30 July 2015 by the Kenyan police in Nairobi, Kenya, in execution of the ICC’s request for arrest and surrender, and were presented before a Judge of the High Court of Kenya in accordance with Kenyan law. Since the arrest has taken place and since Paul Gicheru and Philip Kipkoech Bett were made aware of the ICC’s warrant of arrest, the confidentiality of the document was no longer justified.   

From left to right: Ms Olena Zerkal, Deputy Minister for Foreign Affairs of Ukraine, Mr Herman von Hebel, ICC Registrar, H.E. Mr Pavlo Klimkin, Minister for Foreign Affairs of Ukraine and H.E. Judge Joyce Aluoch, Acting ICC President ©ICC-CPI.   Ukraine accepts ICC jurisdiction over alleged crimes committed since 20 February 2014   Today, 8 September 2015, the Registrar of the International Criminal Court (ICC), Herman von Hebel, received a declaration lodged by Ukraine accepting the ICC’s jurisdiction with respect to alleged crimes committed in its territory since 20 February 2014. The declaration was lodged under article 12(3) of the Rome Statute, the founding treaty of the ICC, which enables a State not party to the Statute to accept the exercise of jurisdiction of the Court. The declaration was lodged by the Minister of Foreign Affairs of Ukraine, H.E. Mr. Pavlo Klimkin, during a meeting with the ICC First Vice-President, Judge Joyce Aluoch, and the ICC Registrar. The declaration highlights that “Ukraine will cooperate with the Court without delay or exception.”

This is the second declaration under article 12(3) of the Statute lodged by Ukraine. On 17 April 2014, Ukraine lodged a declaration under the same article accepting the jurisdiction of the ICC over alleged crimes committed on its territory from 21 November 2013 to 22 February 2014. The ICC may now exercise jurisdiction over possible crimes that might have been committed in the context of the situation since 20 February 2014. The provisions of Part 9 of the Statute relating to international cooperation and judicial assistance apply. The declaration will be transmitted to the ICC’s Office of the Prosecutor for further consideration. The acceptance of the ICC’s jurisdiction does not automatically trigger an investigation. It is for the ICC Prosecutor to decide whether or not to request the judges’ authorisation to open an investigation, if the Prosecutor considers that the information available to her establishes the existence of a reasonable basis to open an investigation. If an investigation is opened, it will also be for the ICC Prosecutor to decide, on the basis of the evidence collected, whether to ask the ICC judges to issue arrest warrants or summonses to appear for persons charged with the commission of crimes falling under the ICC’s jurisdiction. Declaration by Ukraine lodged under Article 12(3) of the Rome Statute | 8 September 2015. Background: The ICC is an independent, permanent court that tries individuals accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is based on a treaty, the Rome Statute, with currently 123 States Parties. A State may decide to ratify the Rome Statute but may also make a declaration under article 12-3 of the Statute declaring its acceptance of the Court’s jurisdiction. The UN Security Council may also refer a situation in relation to any Member State of the United Nations.  

On the picture Bosco Ntaganda at the opening of his trial before Trial Chamber VI at the International Criminal Court (ICC) in The Hague, Netherlands, on 2 September 2015. © ICC-CPI.   On 2 September 2015, the trial in the case The Prosecutor v. Bosco Ntaganda opened before Trial Chamber VI at the International Criminal Court (ICC) in The Hague, Netherlands. Mr Ntaganda is accused of 13 counts of war crimes and five crimes against humanity allegedly committed in Ituri, DRC, in 2002-2003. Trial Chamber VI is composed of Judge Robert Fremr, Presiding Judge, Judge Kuniko Ozaki, and Judge Chang-ho Chung. The trial’s opening started with the reading of the charges against Mr Ntaganda. Upon receiving confirmation from Defence Counsel Stéphane Bourgon, Presiding Judge Robert Fremr was satisfied that the accused understood the nature of the charges. The accused pleaded not guilty to the charges. The Court’s Prosecutor Fatou Bensouda and Senior Trial Lawyer Nicole Samson took the floor for opening statements.  The hearings will resume tomorrow with the opening statements of the Legal Representatives of the two groups of Victims in the case, Sarah Pellet and Dmytro Suprun, as well as the opening statements of Defence Counsel Stéphane Bourgon. Mr Ntaganda may also make an unsworn oral statement. After a short break, the start of the Prosecution’s presentation of evidence and the testimony of the first witness is scheduled on 15 September 2015.   Background: Bosco Ntaganda, former Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy’s property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and five crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) allegedly committed in Ituri, DRC, in 2002-2003. Mr Ntaganda is in the Court’s custody.    

  The Commission is announcing today a comprehensive support package worth €500 million, recognising the difficulties being experienced by producers. Speaking today at the extraordinary Council of agriculture Ministers, Vice-President Katainen said: “This package will allow for €500 million of EU funds to be used for the benefit of farmers immediately. This is a robust and decisive response. This response demonstrates that the Commission takes its responsibility towards farmers very seriously and is prepared to back it up with the appropriate funds. This is particularly important, given other competing budgetary demands.” The focus of this response is threefold: (1) addressing the cash-flow difficulties farmers are facing, (2) stabilising markets and (3) addressing the functioning of the supply chain. The Commission will propose that the most significant part of the comprehensive package will be provided to all Member States in envelopes to support the dairy sector. In determining the distribution of this aid, we will ensure that it is fairly distributed, targeted and effective, having particular regard to those Member States and those farmers which have been most affected by the market developments. The Commission’s intention is to provide maximum discretion to Member States to reflect their specific situations. Today’s announcement should be seen in the context of considerable support already provided to the agricultural sector in response to the impact of the Russian ban and the level of support that the EU provides annually to farmers and rural communities, amounting to more than €50 billion. The commitment to a market orientated approach is and remains the basis of the Commission’s approach.  

  7^th September 2015 -The newest developments in the refugee crisis in the Mediterranean are cause for concern. Recent numbers confirm the overall increase in the number of refugees that flee to Europe’s southern borders, namely Italy, Malta, Greece and Spain. Only this year, as estimated by the International Organization for Migration (IOM), approximately 378,000 refugees arrived on the Mediterranean coast, whereof 2,760 did not survive their journey. The countries most affected by the refugee crisis are Greece and Italy. In both countries the number of refugees increased between 2014 and 2015, challenging both countries’ capacities and capabilities to manage the current situation. The IOM supports Italian and Greek officials on site, providing legal assistance to those arriving by sea, monitoring their reception conditions, supporting vulnerable groups such as unaccompanied minors, elderly migrants, migrants with medical needs and families with children which are then referred to authorities to receive the necessary care. In Italy, the number of refugees remains steadily high. Most refugees land on Sicily, Lampedusa, Calabria or Apulia. Above all, they take the central Mediterranean route and come from Western and Eastern African countries, Bangladesh and Syria. In Greece, the surge in refugees is the most severe among the Mediterranean countries, whereby the number of refugees in this exceeds the ones from last year by 800%. Most refugees landing on Greek soil are from Syria and Afghanistan. They take the Eastern Mediterranean route and arrive at the islands of Lesvos, Kos, Samos, Kalymnos, Megisti, Symi and Chios.