March 2020 - International Criminal Court Updates
By: Shraddah Dubey, Junior Research Associate, PILPG-NL
This month, the International Criminal Court (ICC) witnessed developments in four cases: the Afghanistan situation, The Prosecutor v. Dominic Ongwen, The Prosecutor v. Saif al-Islam Gaddafi, and, The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona. Furthermore, the Court took certain measures concerning the current COVID-19 outbreak.
ASIA
Afghanistan | ICC Appeals Chamber unanimously authorizes investigation into the Afghanistan Situation
On 5 March 2020, the ICC Appeals Chamber unanimously decided to authorize the Office of the Prosecutor (OTP) to commence an investigation into the alleged crimes committed on the territory of the Islamic Republic of Afghanistan since 1 May 2003.
The Appeals Chamber overturned the decision and declared that the Pre Trial Chamber cannot review concerns of interest of justice while deciding whether to authorize an investigation by the Office of the Prosecutor. It also clarified that the scope of the investigation was not restricted to the incidents specifically mentioned in the Office of the Prosecutor’s authorization request but could also include investigating any alleged crime within the jurisdiction of the Court occurring within the limits of the authorized situation. the Appeals Chamber decided to authorize the opening of an investigation itself, rather than to send the matter back to the Pre-Trial Chamber for a new decision.
AFRICA
Uganda | Deliberation on the The Prosecutor v. Dominic Ongwen case after submission of closing statements
From 10 to 12 March, 2020, closing statements in the case of The Prosecutor v. Dominic Ongwenwere made. Dominic Ongwen is accused of 70 counts of war crimes and crimes against humanity allegedly committed in Northern Uganda. The Court’s Trial Chamber IX, will now deliberate on the proceedings and, within a reasonable period, pronounce its decision on conviction or acquittal of the accused.
Libya | Saif Al-Islam Gaddafi case confirmed as admissible before the ICC
On 9 March 2020, the Appeals Chamber of the Court unanimously confirmed the admissibility of the case against Saif Al-Islam Gaddafi. The decision rejected his appeal against the Pre-Trial Chamber I’s decision dismissing his challenge to the admissibility of the case.
The Appeals Chamber recalled that the Court is "complementary to national criminal jurisdictions". A case is inadmissible when a person "has already been tried" and no person "who has been tried by another court" for crimes under the ICC jurisdiction shall be tried by the ICC with respect to the same conduct.
Central African Republic | Presidency of the International Criminal Court (ICC) constitutes Trial Chamber V
On 16 March 2020, The Presidency of the International Criminal Court (ICC) constituted Trial Chamber V, which will be in charge of the case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona.
Trial Chamber V will now be in charge of the conduct of the trial in this case. The Chamber will hold status conferences, confer with the parties and participants in order to set the date of the trial and adopt the procedures necessary to facilitate the conduct of the proceedings.
ICC
COVID-19
The Court has taken account of the outbreak of COVID-19 and declared that all staff members based in The Hague will be working remotely until 31 March 2020 . All visits to the Court have also been canceled.
On 26 March 2020, Pieter de Baan, Executive Director of the Trust Fund for Victims at the Court declared that The Fund had adapted to new routines in an effort to contain COVIS-19 and reiterated its commitment to support victims while navigating the impact of COVID-19.
Statement concerning recent threats made against staff and their families
On 19 March 2020, the Court took note of statements alluding possible sanctions, by the United States, against the Court officials and staff and their families. The Court affirmed its commitment to its mandate of fighting impunity for the world’s gravest crimes and declared to stand by all its officials and staff who work to fulfill this mandate.