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 Today, ICC judges have withdrawn the warrant of arrest against Mr Odhiambo, one of the top four commanders of the LRA rebel group who have allegedly terrorised Northern Uganda and the Great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