Feb
26

Prosecution Asks to Declare its Witness as Hostile in Katanga and Chui Trial

At the trial of Germain Katanga and Matthieu Ngdolo Chui for war crimes and crimes against humanity at the International Criminal Court in The Hague, the prosecution asked that its witness be declared hostile.  The prosecutor reportedly noticed “inconsistencies” and asked the court to declare the witness as hostile.  The court determined that the inconsistencies could be resolved without declaring the witness as hostile and allowed questioning to continue.  A detailed report on the testimony is available here.

Katanga and Chui are the second case to go to trial at the International Criminal Court in The Hague, Netherlands.  They are charged with war crimes and crimes against humanity in the Democratic Republic of Congo.  They are accused of attacking civilian targets, rape, pillaging, using child soldiers and sexual slavery among other charges.  Katanga and Chui had led rebel armies in the Democratic Republic of Congo, but had signed peace agreements with the government of the DRC and had joined the Congolese army at the time they were arrested and brought to The Hague.  Their trial began on November 9, 2009.

The situation in DRC was referred to the ICC by the Congolese government.

Feb
21

Lubanga Trial Takes Two Week Break

The International Criminal Court trial of Thomas Lubanga Dyilo was suspended this week for a two week trip for the defense to the Democratic Republic of Congo for important “research,” presumably this means further investigation into the previous allegations that prosecution witnesses lied  or were paid to lie about being child soldiers.  The trial was earlier suspended on Tuesday because of noted differences in the official English and French transcripts.  The reporting from the Open Society Institute, available here, does not make clear whether or not the court had arrived at a resolution of the transcription problem.

The court also ruled that the Lubanga defense could share information on its investigation with the defense team of Germain Katanga, whose trial, along with co-defendant Matthieu Ngdolo Chui was the second trial to start at the ICC. The trial opened on November 26, 2009, and my summary of the case and its opening is available here. Lubanga is the first person to face a trial at the ICC.  Lubanga, Katanga, and Chui were rebel leaders in the Democratic Republic of Congo, and are charged with war crimes, and crimes against humanity.  There are four witnesses who are scheduled to testify for the prosecution in both cases, and the defenses wished to share the information they had collected in their investigations.  Judge Adrian Fulford ruled there was nothing to prevent such sharing between the teams.

Lubanga is accused of using child soldiers in his Union of Congolese Patriots, and Katanga and Chui are charged with  using child soldiers, attacking civilian targets, destruction of property, rape and sexual slavery as war crimes, they are also alleged to have committed crimes against humanity, including murder within the court’s jurisdiction, rape and sexual slavery. Another accused from the DRC, Bosco Ntaganda is still at large.

In the cases of the Sudan, one accused, Bahar Idriss Abu Garda voluntarily appeared at the court, and the charges against him were not confirmed.  A summary of that action is available here.  Three more accused from Sudan remain at large.  In the Uganda case there are four accused, all of whom are still at large.  In the case involving the Central African Republic, there is one accused, Jean-Pierre Gemba, whose trial is expected to begin April 27, 2010.

The International Criminal Court sits in The Hague, Netherlands and is intended to be a permanent court to hear cases of war crimes, crimes against humanity, and genocide when those cases are not resolved by national authorities.  Thomas Lubanga was the first person brought before the court, he was arrested in 2007, and his trial began in January 2009, the defense began presenting its case in January 2010.  There are also victims who have been given a limited right to participate in the case, and then to seek reparations if they can establish their right to do so.

Feb
16

Lubanga Trial Suspended over Transcription Errors

The Thomas Lubanga Dyilo case at the International Criminal Court in The Hague has been suspended over questions about the transcripts.  The court operates simultaneously in French, English, and whatever language a witness is testifying in.  The court reporters maintain transcripts in English and French based on the translations offered by the interpreters, both the French and English transcripts are intended to be authoritative.

Today, however, the court stopped the proceedings because of differences between the two official transcripts.  The defense noted differences between the French and English transcripts and asked the court to determine which accurately reflected the testimony given.  Most of the testimony was given in closed session so there is no public record of the errors.  One of the problems noticed was that the French transcript  contained the names of two persons named by a witness while the English transcript had only one.

A description of the proceedings is available here.  Lubanga is the first person to face trial at the ICC, he is accused of using child soldiers in his Union of Congolese Patriots army in the Democratic Republic of Congo.

Feb
13

Lubanga Defense Described as “Witnesses Lied, Lubanga Not Guilty”

The Open Society Institute offered its summary of the Lubanga defense on its Lubangatrial.org website, boiling down the arguments to “witnesses lied, Lubanga not guilty.” The website’s summary, and unofficial transcript of the opening argument of Catherine Mabille, defense counsel for Thomas Lubanga is available here.  Catherine Mabille is a Paris-based lawyer and argued in French, this appears to be a transcription of the translation, though is not the court’s official transcript.

In the time that the defense has been offering witnesses, since this opening statement they have had one witness testify that he was paid $200 to lie and state that he had been a child soldier in Lubanga’s Union of Congolese Patriots (UPC) army, a rebel force in the Democratic Republic of Congo.  When asked if he had been paid to lie on behalf of the UPC, the witness claimed he asked for money from the UPC, but they would not give it to him.

Another witness testified that his son lied about being a child soldier in the UPC. A third witness testified over three days that he children were not conscripted into the UPC, but also testified that some joined willingly, which would seem to harm at least part of Lubanga’s  case.

The testimony that parties working on behalf of the ICC brought a question to the Office of the Prosecutor from Judge Adrian Fulford, who demanded to know if the prosecutor was going to produce the people who were alleged to have paid for false testimony.  Fulford said “Are we going to hear from them?  If so, when?”  The judge apparently suggested that the court might have a difficult time rejecting the testimony of witness bribery without hearing from the people who are alleged to have bribed witnesses.  The OSI’s summary is available here.

Thomas Lubanga Dyilo is the first defendant to face trial at the International Criminal Court for war crimes.  Lubanga is accused of conscripting, enlisting and using child soldiers in his UPC army.  Lubanga was brought to the court in May 2007, his trial began in January of 2009.  The defense began presenting its case in January 2010, after a few victims testified on their own behalf seeking reparations.   The court is intended to be a permanent place to prosecute charges of war crimes, crimes against humanity and genocide.

The court has a unique feature, never seen in international law before, allowing the victims of war crimes to seek reparations from a fund supported by the state’s parties who fund the court, charitable donations and the fines and fees paid by those convicted.  Reparations may include financial support, psychological and physical rehabilitation services.  The reparations process also includes the appointment of counsel funded by the court to represent the victims in pursuing their claims.

Feb
11

Lubanga Defense Witness Testifies for Third Day at the ICC

Lubanga defense witness Claude Nyeki Django testified for the third day that Thomas Lubanga’s Union of Congolese Patriots (UPC) did not draft child soldiers.  The proceeding stopped for a time because Django broke down on the stand for a second time.  After meeting with a psychologist from the Victims and Witness Unit  (VWU) of the International Criminal Court (ICC), Django continued his testimony.  Curiously, Django said children voluntarily joined Lubanga’s army, which may not be a very good defense.  The public portions of Django’s testmony are recounted on Day One, Day Two and Day Three of his testimony.

Django’s testimony is essentially that he never served in the UPC, and was never in the armed forces at all, but was lured into a group who claimed that he had been a child soldier and he was portrayed as such by this group.

Thomas Lubanga Dyilo was the leader of the UPC in the Democratic Republic of the Congo.  He was brought before the court in 2007, and is the first person to face trial at the ICC.  Lubanga’s trial commenced in January of 2009 and the defense began presenting its case in January 2010.  Lubanga is accused of conscripting, enlisting, and using child soldiers, which is a war crime.  This witnesses testimony appears directed at the idea of cosncripting child soldiers, though he appears to admit there were child soldiers present to his knowledge, which would appear bad for Lubanga on the charges of enlisting and using child soldiers.

The court sits as a three judge panel, who will have to determine at the close of the case if the Office of the Prosecutor has proved its case beyond a reasonable doubt.  If they make a finding of guilt the trial will then move on to a reparations phase where the victims who have been granted leave to participate in the case will have an opportunity to seek reparations from the victims fund and from any assets of Lubanga’s.  The ICC is permanent court seated in The Hague, Netherlands to hear accusations of war crimes, crimes against humanity and genocide, where the crimes are not likely or capable of being prosecuted by national authorities.

Feb
08

International Criminal Court Finds For Abu Garda

The Interational Criminal Court, pre-trial chamber I today ruled that the Office of the Prosecutor had not provided sufficient evidence to continue the case against Bahar Idriss Abu Garda for trial.  Abu Garda was the first case from the Sudan to come before the court. He appeared voluntarily with counsel in May of 2009 and has been in The Hague, though not in custody since then.

Abu Garda was charged with three war crimes, violence to life, directing attacks against peacekeeping forces, and pillaging.  The court found there was not sufficient evidence presented at the confirmation of charges hearing to require a trial.

The International Criminal Court uses a three stage process, a warrant and indictment can issue if there are “reasonable grounds” to believe the person committed war crimes or crimes against humanity.  Once the accused is before the court, then there is a confirmation of charges hearing where the accused can participate and challenge the evidence, if after that hearing the court determines there is “substantial grounds” to believe the person is guilty of the crimes charged then a trial may be held where the prosecutor must prove the case beyond a reasonable doubt.

It was at this second stage where the court found for Abu Garda and essentially dismissed the charges.  This hearing, the equivalent of a probable cause hearing in an American court case may end the case against Abu Garda, although the prosecutor has the right to appeal the determination, and may ask to reopen if they can provide new evidence of Abu Garda’s involvement or command responsibility for the alleged war crimes.

The court’s press release regarding the decision is available here, the order itself is here, and the court’s fact sheet on the case is located here.  Abu Garda is the fifth person brought to the court to face charges of war crimes, and the first to win the confirmation of charges hearing.

The court has previously confirmed charges against Thomas Lubanga of the Democratic Republic of Congo and against Germain Katanga and Matthieu Ngdolo Chui also of the Democratic Republic of Congo.  Lubanga’s defense team is currently presenting its case, and Katanga and Chui are being tried together, their trial recently resumed.  The court has also confirmed the charges against Jean-Pierre Bemba Gombo of the Central African Republic who is awaiting the start of trial.

The president of Sudan, Omar Hassan Ahmad Al Bashir and a cabinet official, Ahmad Harun have also been indicted by the court for war crimes as has a rebel leader, Ali Kushayb.  None of them has yet appeared before the court to face the charges.

Feb
06

Prosecutors Admonished for Late Disclosure in Lubanga Case

Judge Adrian Fulford, lead judge on the three judge panel sitting at the International Criminal Court to hear the case against Thomas Lubanga inquired of the prosecutors why they were late in disclosing evidence to the defense.  The defense complained that the late disclosure of information relating to their witnesses just before the witnesses were to be called made preparing the direct of the testimony difficult.

The prosecution apparently had information relating to the witnesses and other witness that was not disclosed until last week.  Judge Fulford said the information should have been disclosed by December of 2009 “if not substantially earlier.”  A full report of the case is available here.  The size and complexity of these cases make them difficult for both sides.  The prosecution has an advantage in staff and information. There is a great deal of information and a number of sources to keep track of as the investigations progress.  The trial in this case started in January 2009, Lubanga was brought before the court in 2007 and has been in custody since then.

Lubanga is the first person to go on trial at the International Criminal Court. Lubanga is accused of using child soldiers in his rebel army in the Democratic Republic of Congo.

Feb
06

Lubanga Defense Witness Claims Son Lied To ICC

A witness called by the defense testified that his son, who appeared as a prosecution witness lied to the court when he testified about being a child soldier in Thomas Lubanga’s army.  Lubanga is the first person to face trial at the International Criminal Court.  Lubanga, from the Democratic Republic of Congo is accused of using child soldier in his rebel army.  Lubanga was brought to the court in 2007, his trial began in January 2009, in January of 2010, the defense began presenting its case.  Lubanga was the head of the Union of Conoglese Patriots (UPC in French).

A detailed account of the day’s testimony is available here. The prosecutor cross examined the man arguing that because he did not report the allegedly false testimony to the police or ICC officials that he may not be telling the truth about his son’s testimony.

There is one other case in trial at the International Criminal Court, also from the Democratic Republic of Congo.  There is one defendant before the court from Sudan, and one from the Central African Republic.  The five accused from Uganda have not been brought before the court.  There are three accused from the Sudan with open arrest warrants who have not yet been brought to the court.  There is one accused from the Democratic Republic of the Congo who is still at large.

Situations before the ICC can be referred by the state parties who have signed on to the treaty establishing the court or by the United Nations Security Council.  The court is intended to be permanent and to investigate and prosecute war crimes, crimes against humanity and genocide that are not prosecuted under any national authority.

Feb
03

Appeals Chamber Reverses Pre-Trial Chamber in Bashir Warrant Decision.

The International Criminal Court made history in March of 2009 by issuing an arrest warrant for a sitting head of state, Omar Al Bashir, the President of Sudan. The warrant for his arrest was based on allegations of war crimes and crimes against humanity. The pre-trial chamber though declined to issue a warrant for the charge of genocide, finding at the time that the prosecutor had not established sufficient evidence of genocidal intent.

Today the appeals chamber of the ICC issued a decision, available here, determining that the pre-trial chamber erred by using the wrong standard for making its determination. The pre-trial chamber decided that since genocidal intent was only one of the reasonable inferences based on the evidence submitted and that a warrant should not issue for genocide. The appeals chamber reasoned that the pre-trial chamber read in too high a requirement when reading the statute’s requirement that a warrant of arrest required “reasonable grounds to believe” that a crime within the jurisdiction of the court occurred.

The appeals chamber said the pre-trial chamber’s determination effectively required the prosecutor to establish its case beyond a reasonable doubt and “disprove any other reasonable conclusions.”  The appeals chamber determined that this effectively required a trial standard of proof at the issuance of an arrest warrant and did not recognize the statute’s escalating standards of proof, “reasonable grounds to believe” at the warrant stage, “substantial grounds to believe” at the confirmation of charges stage and “beyond reasonable doubt” for a conviction at trial.

The appeals chamber did not issue a warrant based on charges of genocide but sent the matter back to the pre-trial chamber for a determination based on whether or not there are reasonable grounds to believe that Bashir and the Government of acted with genocidal intent in Darfur.  The court’s press release summary of the decision is available here.

Categories

Recent Comments

Tags

abduction Abu Garda Afghanistan Arrest warrant Bahar Idriss Abu Garda Callixte Mbarushimana Central African Republic child soldiers complementarity counsel crimes against humanity Darfur Democratic Republic of Congo Den Haag genocidal intent Genocide Germain Katanga Government of Sudan Grenada ICC International Criminal Court ISAF Ivory Coast Jean-Pierre Bemba Kenya Libya Lubanga lubange Luis Moreno-Ocampo Matthieu Ngdolou Chui New York Times Nicholas Kristof Omar Al Bashir President of Sudan Qadafi rape reparations Rome Statute sexual slavery Sudan The Hague Thomas Lubanga Union of Congolese Patriots victims war crimes
Go back to top

Switch to our mobile site