May 2020 - International Criminal Court Updates
By: Shraddha Dubey, Junior Research Associate, PILPG-NL
In the past month, the International Criminal Court released developments on the Bemba case and the ICC Prosecutor presented a report on Libya before the United Nations Security Council. The ICC also acknowledged the appointment of Ms. Doumbia as the new Chair of The Trust Fund for Victims.
AFRICA
Democratic Republic of Congo | Pre-Trial Chamber II rejects Mr. Bemba’s claim for compensation and damages
On 18 May 2020, the Pre-Trial Chamber II of the ICC issued its decision on Mr. Jean-Pierre Bemba’s claim for compensation and damages. It adjudicated his claims on two components. First, was a request for compensation under Article 85(3) of the Rome Statute. On this component, the Chamber considered that Mr. Bemba failed to establish that he had suffered a grave and manifest miscarriage of justice within the meaning of Article 85 of the ICC Rome Statute, and accordingly, declined to exercise its discretion to award compensation to Mr. Bemba.
The second component was a request for damages related to the alleged ICC Registry's mismanagement of assets frozen by order of ICC Judges. The Chamber found that this matter falls outside the scope of Article 85 of the ICC Rome Statute and of its competence, and accordingly dismissed it. The Chamber also clarified that the responsibility for the proper execution of a cooperation request from the Court rests primarily with the requested States. he role of the Registry is limited to facilitating communication with the Court. Hence, its decision is without prejudice to Mr. Bemba's right to pursue other procedural remedies and avenues.
While noting that the case of Mr. Bemba demonstrated the serious consequences resulting from absence of statutory limits for proceedings and custodial detention, the Chamber stressed on the Courts responsibility to ensure expeditious proceedings as a fundamental tenet of fair trial and urged States Parties to review the Rome Statute to address those limitations.
Libya | ICC Prosecutor presents 19th Report on the Situation in Libya to United Nations Security Council
On 5 May 2020, ICC Prosecutor, Fatou S. Bensouda presented her Office’s 19th report on the Situation in Libya before the United Nations Security Council through video conference. She informed them of the Office of the Prosecutor’s progress on Libya, including their work on application for new warrants of arrest. She reminded the Council that the arrest warrant for Mr. Gaddafi is enforceable and that Libya continues to be under an obligation to arrest and surrender him to the Court.
ICC OPERATIONS
COVID-19 | Measures Extended
To participate in containing the COVID-19 spread and in accordance with the measures adopted by the Host State (The Netherlands), the ICC declared that staff members based in The Hague will continue working remotely until further notice. All visits to the Court have been cancelled.
The Trust Fund for Victims | Ms. Doumbia appointed as Chair of the Trust Fund for Victims by its Board of Directors
On 29 April 2020, the Board of Directors of the Trust Fund for Victims (TFV) at the ICC, in a closed session, unanimously elected Ms. Mama Koité Doumbia as Chair of the TFV. She will hold the position for the remainder of the mandate period of the TFV, until December 2021. Ms. Doumbia succeeds Mr. Felipe Michelini in this position, who passed away on 19 April. Ms. Doumbia is from Mali and represents the African group of States Parties in the TFV Board.