Monthly News Update: International Criminal Court – May 2021
By: Inne Flies, Junior Research Associate, PILPG-NL
This news update synthesizes information concerning the International Criminal Court (ICC). This month included, among others, a confirmation of charges hearing, a sentencing verdict, and an address by the ICC Prosecutor to the United Nations Security Council. The presented information is drawn from different online news platforms and ICC documents.
ICC
ICC Principals adopt High-Level Statement on Gender Equality
ICC President Judge Piotr Hofmański, ICC Prosecutor Fatou Bensouda, and ICC Registrar Peter Lewis adopted a High-Level Statement on Gender Equality. The statement reaffirms the ICC’s commitment to achieving gender equality, as well as a safe and inclusive workplace and environment. This commitment will be implemented through the goals and priorities set forth in the ICC’s Strategic Plans for 2019-2021 and the five priority areas from its Staff Wellbeing Framework. [April 30, 2021]
AFRICA
Sudan | Confirmation of charges hearings in The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman.
From May 24 to 26, Pre-Trial Chamber II held confirmation of charges hearings in the case The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman. According to the Prosecution's Document Containing the Charges, they suspect Mr. Abd-Al-Rahman of 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and April 2004 in Darfur. Per the Regulations of the Court, Pre-Trial Chamber II will deliver its written decision within 60 days of the date on which the confirmation hearings end. [May 17, 2021]
Libya | Statement of the ICC Prosecutor to the UN Security Council on the Situation in Libya, pursuant to UNSCR 1970 (2011)
On May 17, ICC Prosecutor Bensouda addressed the United Nations (UN) Security Council regarding the situation in Libya pursuant to UN Security Council Resolution 1970 of 2011. She repeated the need to address the violence and political turmoil, stressing that “there can be no lasting peace without accountability and justice.” Further, she expressed concern over the information of ongoing crimes, as well as the failure to execute several ICC arrest warrants. [May 17, 2021]
Uganda | Trial Chamber sentences Dominic Ongwen to 25 years’ imprisonment
Trial Chamber IX sentenced Dominic Ongwen to 25 years’ imprisonment. The Chamber had previously convicted Mr. Ongwen of crimes against humanity and war crimes committed in Uganda. In its decision, the Trial Chamber gave a certain weight to the mitigating circumstances arising out of Mr. Ongwen’s childhood, his abduction by the Lord’s Resistance Army (LRA), and his early stay with the LRA. The defense has indicated that it will appeal. [May 6, 2021]
MIDDLE EAST
Situation in Palestine | ICC Prosecutor Bensouda’s Statement on Recent Escalating Violence
ICC Prosecutor Bensouda issued a short statement on the situation in Gaza and the West Bank including East Jerusalem. She noted her concern regarding the escalation of violence and possible commission of crimes under the Rome Statute. She also added: “my Office will continue to monitor developments on the ground and will factor any matter that falls within its jurisdiction.” [May 12, 2021]
ASIA
Afghanistan | Office of the Prosecutor met with a high-level delegation of the Islamic Republic of Afghanistan
ICC Prosecutor Bensouda and her team met with a high-level delegation from the Islamic Republic of Afghanistan. The meetings took place in the context of the Government’s request to the Office of the Prosecutor to defer its investigation into the Situation in the Islamic Republic of Afghanistan. The parties discussed the investigative steps taken (or planned) by Afghan national authorities, as well as clarifications on certain points of discussion. The Prosecutor’s decision on the request is pending. [May 9, 2021]