The Prosecutor of the International Criminal Court, Fatou Bensouda, issues her annual Report on Preliminary Examination Activities (2014). Today, 2 December 2014, the Prosecutor of the International Criminal Court (“ICC”), Mrs. Fatou Bensouda, published her annual Report on Preliminary Examination Activities. The report provides an overview of her Office’s analysis and activities conducted between 1 November 2013 and 31 October 2014 in relation to eleven situations that were under consideration for possible investigation. Of these eleven situations, one proceeded to investigation (the Central African Republic), two were closed after the Prosecutor determined that the legal criteria for opening an investigation were not met (Republic of Korea; Registered Vessels of Comoros, Greece and Cambodia), and eight situations remain under on-going examination (Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, Nigeria and Ukraine). Of these eight, two new preliminary examinations were opened during the reporting period in relation to the situation in Ukraine and the situation in Iraq. The report provides a summary of the current status of each situation under preliminary examination, including the Office of the Prosecutor’s (“OTP” or “Office”) current analysis with regard to issues of jurisdiction and admissibility, as well as the activities carried out by the Office in 2014 in order to further this analysis. The report aims to help promote better public understanding and transparency regarding the Office’s preliminary examination process, which is the first step required to undertake prior to initiating an investigation.  

Mr Lubanga in ICC Courtroom

The ICC Appeals Chamber confirms the verdict and the sentence against Thomas Lubanga Dyilo. The Appeals Chamber of the International Criminal Court (ICC) delivered in open session on December 1,  its judgments on Mr Lubanga’s appeal against the verdict issued by ICC Trial Chamber I, that Mr Lubanga was guilty of the enlistment, conscription and use in hostilities of children under the age of fifteen. The Appeals Chamber issued simultaneously its judgment on the appeals of the Prosecutor and Mr Lubanga against the sentence imposed by the Trial Chamber. The Appeals Chamber confirmed, by majority, the verdict declaring Mr Lubanga guilty and the decision sentencing him to 14 years of imprisonment. During the open session, Judge Erkki Kourula, Presiding Judge in this appeal, read a summary of the Appeals Chamber judgments. The Appeals Chamber rejected Mr Lubanga’s allegations that the proceedings were unfair and found that Mr Lubanga did not substantiate several grounds of appeal he raised. The Appeals Chamber established, with respect to factual errors, that it would not assess the evidence anew, but would intervene only if the Trial Chamber’s assessment of fact was found to be unreasonable. In applying this standard, the Appeals Chamber rejected, among others, the alleged errors in the Trial Chamber’s findings relevant to the age of the child soldiers. With respect to the alleged legal errors regarding Mr Lubanga’s individual criminal responsibility, the Appeals Chamber confirmed the Trial Chamber’s approach that a co-perpetrator must make an essential contribution and does not need to personally and directly commit the crime. With respect to the Prosecutor’s and Mr Lubanga’s appeals against the Sentencing Decision, the Appeals Chamber held that a Trial Chamber enjoys broad discretion in determining a sentence. The Appeals Chamber rejected all the grounds of appeal raised by the Prosecutor and Mr Lubanga, finding that the sentence was not disproportionate to the gravity of the crimes and reflected Mr Lubanga’s culpability for the crimes for which he was convicted. Accordingly, the Appeals Chamber confirmed the total sentence of 14 years. Judge Sang-Hyun Song adopted a partly dissenting opinion in relation to the appeals against the verdict and the sentence. While agreeing with the majority’s decisions to reject the appeals, he disagreed with the Trial Chamber’s holding that the “enlistment”, “conscription” and “use to actively participate of in hostilities” of individuals under the age of fifteen are three separate crimes. Regarding sentencing, he found that the Trial Chamber should not have imposed three separate sentences for three crimes, but only one sentence for one crime. Judge Anita Ušacka adopted a dissenting opinion with regard to Mr Lubanga’s appeal against the verdict. She respectfully disagreed with the decision of the majority of the Appeals Chamber to confirm the Conviction Decision, which she would have reversed on the grounds that (i) the charges of which Mr Lubanga was ultimately convicted were not sufficiently detailed, and (ii) it was not established beyond reasonable doubt that the children conscripted, enlisted or used in hostilities by the UPC/FPLC were under the age of fifteen. Accordingly, she also disagreed with the conclusions of the majority with respect to sentencing. Both judges read summaries of their opinions during today’s open session. Appeals Chamber judgments against a)      The Conviction Decision and dissenting opinions; b)     The Sentencing Decision and dissenting opinion

                      The International Criminal Court (ICC) Permanent Premises Project recently celebrated the important milestone of the highest point of the construction of the new building. This achievement was celebrated during a ceremony at the construction site, attended by representatives of all the parties involved in the construction activities of the new ICC premises, including the ICC Project Team, Courtys’ construction and design teams, and all of the project subcontractors. This ceremony, which marked the completion of the steel frame that is built around the Court Tower – the highest point of the structure, was marked by raising the construction team’s flag at that highest point. It was held in recognition of the enormous effort the construction team has put into ensuring the new premises remains on track, to be completed on schedule and within budget in the 3^rd quarter of 2015. In his speech, ICC Permanent Premises Director Neil Bradley stated that “this hugely important building will soon become the home of the ICC and for the next generation will be instantly recognised throughout the world as an important symbol of the quest for peace and justice”. After just one and a half years of construction work, beginning in April 2013, the new ICC premises is now a major step closer to completion, with the façade complete and the remaining projects – landscaping and finishing the interior spaces – well under way. Over 300 people who are currently working on the realisation of the ICC Permanent Premises attended the celebration, including engineers, architects, project managers and many of the specialist construction workers all of whom work collaboratively and simultaneously on different parts of the complex construction project.

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, to mark the International Day for the Elimination of Violence Against Women On this day, I add my voice to the countless and ever-growing voices of people around the world who say, ‘enough’ as we stand united in a global call to eliminate violence against women. Our collective efforts can and must lead to tangible change to the archaic thinking and conduct that allow this scourge to persist. Humanity rightly demands the eradication of this blight. As Prosecutor of the International Criminal Court, I pledge my commitment to employ the full force of the law under the Rome Statute, to do my part. We must end impunity for those who commit or allow crimes of violence against women to continue unabated, and by so doing, prevent future crimes. My Office is certainly committed to this task within the framework of the Rome Statute. We have set a strategic priority focus on combatting sexual and gender crimes, and how we concretise this strategic change has been crystallised into a policy paper, first unveiled last June and which I shall officially launch in a few weeks. For the sake of those precious lives which have been affected; in the name of all the mothers and sisters, daughters and wives whose voices have been silenced; for the voices of courage, and the dignity of those who have suffered and endured violence; for all the future generations of women and girls who deserve protection from acts of violence, until we succeed, we will not give up.