Monthly News Update: International Criminal Court – April 2021
By: Inne Flies, Junior Research Associate, PILPG-NL
This news update synthesizes information concerning the International Criminal Court (ICC). This month included the United States (US) lifting its sanctions against ICC personnel, opposition against the ICC investigation into war crimes allegedly committed in Palestine, full implementation of reparations in the Central African Republic (CAR), and sentencing hearings in The Prosecutor v. Dominic Ongwen. The presented information is drawn from different online news platforms and ICC documents.
ICC
Andres Parmas elected member of the Board of Directors of the Trust Fund for Victims
The Assembly of State Parties to the Rome Statute elected Mr. Andres Parmas as a member of the Board of Directors of the Trust Fund for Victims (TFV). The Eastern European group of State Parties had previously nominated Mr. Parmas by consensus. Mr. Parmas will continue the term of office of Mr. Gocha Lordkipanidze, who was sworn in as judge at the ICC in March 2020. [April 22, 2021]
US lifts sanctions and visa restrictions against ICC personnel
US President Joe Biden has revoked Executive Order 13928, thereby lifting the sanctions against ICC Prosecutor Fatou Bensouda and senior staff member Phakiso Mochochoko, as well as lifting the visa restrictions against certain ICC personnel. The US reiterated its strong disagreement with the ICC’s exercise of jurisdiction over personnel of non-States Parties such as the US and Israel. However, rather than sanctions, the administration believes these concerns are better addressed through engagement with all stakeholders in the ICC process. [April 2, 2021]
AFRICA
Central African Republic | TFV now implementing a full assistance program
The TFV and its implementing partners announced that a full assistance program is now underway in CAR. This announcement followed the conclusion of several launch workshops aimed at facilitating the effective implementation of the program. The full assistance program offers an integrated package of medical and psychological care, as well as socio-economic support. The TFV and its partners have affirmed their commitment to providing support to the victims of crimes within the ICC's jurisdiction through the five-year assistance program. [April 26, 2021]
Uganda | The Prosecutor v. Dominic Ongwen: Sentencing Hearings
On April 14 and 15, Trial Chamber IX held sentencing hearings in the case of The Prosecutor v. Dominic Ongwen. The victims’ representatives requested the maximum sentence of life imprisonment. The Prosecution requested 20 years imprisonment, considering Ongwen’s past as a child soldier in the Lord’s Resistance Army (LRA). However, the defense asked for a maximum sentence of 10 years. [April 14, 2021]
Mr. Ongwen made an unsworn statement during these hearings in which he emphasized the harsh living conditions within the LRA and the suffering he experienced. He also referred to his mental health and the positive improvements he has made. Further, Mr. Ongwen also reaffirmed his belief in spiritual powers and questioned why he was being held accountable while other LRA fighters were not. Lastly, Mr. Ongwen also expressed remorse for certain crimes but contested the existence of forced sex. He also claimed that the forced marriages were either ‘wives’ who chose him, ‘wives’ he saved from potentially worse fates, or ‘wives’ Kony (the leader of the LRA) assigned to him without his consent. [April 15, 2021]
The Trial Chamber is set to deliver its sentencing decision on May 6, 2021. [April 16, 2021]
Mali | Statement by ICC Prosecutor at the conclusion of her visit to Mali
From March 29 to 31, ICC Prosecutor Bensouda conducted her third (and last) official visit to Mali. The visit consisted of several meetings and discussions with Malian authorities, the judiciary, representatives of civil society, victim associations, community and religious leaders, the academic community, the media, representatives of the United Nations, and the diplomatic community based in Mali. In her statement, she, among other things, emphasized the importance of the continuing fight against crimes affecting cultural heritage. [April 7, 2021]
Côte d’Ivoire | Gbagbo and Blé Goudé: Appeals Judgement
On March 31, the Appeals Chamber delivered its ruling confirming the Trial judgment in The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé. The Chamber rejected the Prosecutor’s appeal and upheld the acquittal of Mr. Gbagbo and Mr. Blé Goudé for crimes against humanity allegedly committed in Côte d’Ivoire between 2010 and 2011. [March 31, 2021]
MIDDLE EAST
Situation in Palestine | UK’s opposition to ICC investigation
In a letter to the ‘Conservative Friends of Israel’ group, United Kingdom (UK) Prime Minister Boris Johnson declared the UK’s opposition to the ICC investigation into war crimes allegedly committed in Palestine. He noted that the UK does “not accept that the ICC has jurisdiction in this instance, given that Israel is not a party to the Statute of Rome and Palestine is not a sovereign state.” [April 13, 2021]