otp briefing 1-30 september 2013

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    OTP Briefing

    Issue #147

    1-30 September 2013

    Ruto and Sang trial opens at the International Criminal Court

    10 September - The trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap

    Sang opened in the presence of the accused before Trial Chamber V (a).

    During the Press Conference preceding the trial, Prosecutor Bensouda underscored that the crimes that were inflicted on the

    people of Kenya [during one of the most violent episodes in Kenyas history] deeply shocked the conscience of humanity. These are crimes

    under the Rome Statute of the International Criminal Court.

    While addressing witnesses, she said the start of this trial is a milestone for the victims of these crimes [] we salute you for your

    bravery and for the supreme sacrifices you are making for justice: we assure you of our support: Your safety and security has been and will

    remain our number one priority.

    In particular the Prosecutor emphasized that the OTPs mandate to pursue justice includes taking all necessary measures to

    protect the integrity of these proceedings, stating that corruptly influencing witnesses, obstructing or interfering with the attendance or

    testimony of witnesses, retaliating against witnesses and interfering with the collection of evidence are all serious offences under the Rome

    Statute. Rest assured that my Offices efforts to track down those responsible for these crimes remain undeterred.

    The trials opening started with the Prosecutor and Senior Trial Lawyer Anton Steynberg taking the floor for opening

    statements. Besides recalling in her opening statement the history of the Kenya case, the Prosecutor stated that this trial is the

    culmination of a long and difficult investigation. It has been fraught with cooperation challenges and obstacles relating to the security of

    witnesses, emphasizing that the opening of the trial is something of an achievement in itself.

    Furthermore in the same statement, the Prosecutor underscored that the Prosecution has the opportunity and the responsibility to

    present its evidence in full to this Chamber, in order to prove these charges beyond a reasonable doubt. As accused before this Court, Mr

    Ruto and Mr Sang will enjoy all the rights and privileges under international law and under the Rome Statute, rights and privileges that

    have been agreed upon as fair and just by 122 member states around the world, including Kenya. The ICC, as the Kenyan Attorney

    General has himself rightly recognised, is a Kenyan court. The rights that the court guarantees include the right to be presumed innocent.

    If the accused persons are indeed guilty, however, the victims of the awful violence that wracked Kenya in 2007 and 2008 deserve to see

    them punished. This is a matter for the Chamber alone to decide. The only issue at hand in these proceedings is the guilt or innocence of the

    Accused before court. This is not a trial of Kenya or the Kenyan people. It is not about vindicating or indicting one or other ethnic group or

    political party. It is not about meddling in African affairs. This trial is about obtaining justice for the many thousands of victims of the

    Post-Election Violence and ensuring that there is no impunity for those responsible, regardless of power or position.

    The FIDH and Kenya Human Rights Commission (KHRC), together with FIDH member organisations in Africa, issued a

    statement emphasizing that these proceedings are mainly and foremost an opportunity for the whole society to unearth the

    NEWS

    http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr939.aspxhttp://www.icc-cpi.int/iccdocs/otp/130909-OTP-Opening-AddressEng.pdfhttp://www.icc-cpi.int/iccdocs/otp/130909-OTP-Opening-AddressEng.pdfhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr939.aspx
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    truth of the violence that took place after the 2007 presidential elections and an opportunity for victims to find justice in an

    independent court of law, as well as to pave the road towards lasting peace, the prevalence of the rule of law and to prevent

    any future atrocities.

    In particular FIDH Honorary President, Patrick Baudouin, stated these are not the trials of a President and a Deputy President.

    These are trials to establish the facts and individual criminal responsibility for serious crimes. [] The unsung heroes of these proceedings

    are the victims and witnesses who, despite a difficult and sometimes threatening environment, have committed themselves to the search for

    truth and justice. Their engagement will benefit the whole Kenyan society.

    On 18 September, Trial Chamber V(a) issued a special reminder on the importance of witness protection and of possible

    sanctions for an act or attempted act that is considered an offence against the administration of justice. In particular, Presiding

    Judge Chile Eboe-Osuji stated that it is an offence against the administration of justice in this Court, pursuant to Article 70 of the

    Rome Statute, for anyone to do anything intentionally that would amount to corruptly influencing a witness, obstructing or interfering

    with the attendance or testimony of a witness, or retaliating against a witness for giving testimony in a case before the Court.

    On 23 September, Trial Chamber V (a) held a hearing on the request made by the Ruto Defence to adjourn the trial and excuse

    the accused from his presence at trial for a limited period of time. On 24 September, The Prosecutor issued a statement in

    relation to the Westgate mall attack in Nairobi, Kenya, expressing her deep sympathy to the victims of the appalling attack on the

    Westgate Mall in Nairobi and to their families and the people of Kenya while indicating that the Prosecutor stands ready to work with

    the international community and the Government of Kenya to ensure that those responsible for these crimes are brought to justice.

    The trial against Mr. Ruto and Mr. Sang resumed on 2 October 2013.

    Prosecutor Bensouda holds high-level meetings with African Heads of State on the

    margins of the UN General Assembly General Debate

    23-27 September - Prosecutor Bensouda travelled to New York and held

    meetings with several Heads of State and senior officials on the margins

    of the UN General Assembly General Debate. The Prosecutor met inter

    alia with the Presidents of Ghana, Senegal, Cte dIvoire, DRC, Gambia,Tunisia, Chad, Burkina Faso and Colombia, as well as with the Prime

    Ministers of the Central African Republic and Libya, and the Ministers of

    Foreign Affairs of Guinea and Zambia. All these leaders confirmed their

    support to the Court and the Office of the Prosecutor, as well as their

    commitment to accountability and the fight against impunity. The

    Prosecutor also met with the new Under-Secretary-General for Legal

    Affairs and UN Legal Counsel, Mr. de Serpa Soares.

    The Prosecutor also participated in several side events during her stay,

    including a high-level event on Education cannot wait: call for action,

    organized by the UN Secretary-Generals Global Initiative on Education,where she spoke about the protection of children and their right to

    education under the Rome Statute. The Prosecutor also attended a

    meeting of the Informal Ministerial Network organized by the Minister of

    Foreign Affairs of Liechtenstein, and was present when its Declaration of

    Commitment to the ICC was adopted by the 22 Ministers. Finally, the

    Prosecutor participated in a panel discussion organized by the Estonian Permanent Mission on Enhancing accountability for

    sexual violence in armed conflict.

    Furthermore, the Prosecutor attended a meeting of the Informal Ministerial Network organized by the Minister of Foreign

    Affairs of Liechtenstein, at the end of which a Declaration of Commitment to the ICC was adoptedby 24 Ministers.

    http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr941.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/otp-statement-24-09-2013.aspxhttp://www.regierung.li/fileadmin/dateien/botschaften/ny_dokumente/2013/Declaration_of_commitment_to_the_ICC_of_26_09_2013_finalized_NEW_clean.pdfhttp://www.regierung.li/fileadmin/dateien/botschaften/ny_dokumente/2013/Declaration_of_commitment_to_the_ICC_of_26_09_2013_finalized_NEW_clean.pdfhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/otp-statement-24-09-2013.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr941.aspx
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    I. Preliminary ExaminationsPreliminary examinations refer to the analytical process by which the OTP assesses whether there is a reasonable basis to

    proceed with an investigation in a given situation.

    In accordance with Article 15 of the Statute, the OTP proactively gathers and evaluates information from multiple sources,

    including communications from individuals and parties concerned (phase 1 initial review). Following a sequential

    process, and irrespective of the mechanism by which the jurisdiction of the Court is triggered, the Office then applies the same

    legal criteria laid out in Article 53 of the Statute, namely jurisdiction, including temporal/territorial/personal and subject-

    matter jurisdiction (phase 2), admissibility, including complementarity and gravity (phase 3) and the interests of justice

    (phase 4).

    Currently, the OTP is conducting preliminary examinations into eight situations: Afghanistan, Honduras, Korea and the

    Comoros referral (phase 2), Colombia, Georgia, Guinea, and Nigeria (phase 3).

    27 September - The Prosecutor issued a statement on the occasion of the 28 September 2013 elections in Guinea. After recalling

    that this day also marks the fourth anniversary of the tragic events that took place on 28 September 2009 at the Conakry national

    stadium, during which serious crimes under the International Criminal Courts jurisdiction were allegedly committed against the civilianpopulation, The Prosecutor underscored that her Office has been conducting a preliminary examination of the situation in Guinea.

    In accordance with the Offices policy of encouraging national proceedings, the Prosecutor emphasized that her Office has

    been engaging with the Guinean authorities on an on-going basis and that, as a result, a national investigation into the events of 28

    September 2009 is underway and already several persons who may be amongst those most responsible for the crimes committed have been

    charged. She also encourages the authorities to continue their efforts and to ensure that justice is done for the victims as soon as

    possible, as well as urging the international community to support Guineas efforts in this regard. At the same time, after

    appealing for calm and restraint by the political leaders of all parties, she stated that anyone who seeks to incite violence, to order,

    request, encourage or contribute in any other way to the commission of crimes falling within the ambit of the Courts subject matter

    jurisdiction is liable to be prosecuted before the International Criminal Court. There will be no impunity for international crimes

    committed in Guinea.

    II. Investigations and Prosecutions

    1. Situation in the Democratic Republic of the Congo (DRC) Referred: April 2004 Investigation Opened: June 2004Trials

    The Prosecutor v Thomas Lubanga Dyilo charged with war crimes of conscripting, enlisting and using children to actively

    participate in hostilities committed in the Ituri region 2002 2003

    Status: Judgment delivered on 14 March 2012; Mr. Lubanga was sentenced on 10 July to a total of 14 years of imprisonment;

    principles and procedures to be applied to reparations established on 7 August. This decision is subject to appeal.

    The Prosecutor v Germain Katanga and The Prosecutor vMathieu Ngudjolo Chui charged with war crimes and crimes against

    humanity committed during the attack of the village of Bogoro in the Ituri region on 24 February 2003

    Status: Closing oral statements took place from 15 to 23 May 2012; charges severed by Judges on 21 November; on 18

    December, Ngudjolo Chui acquitted of all charges; on 21 December, Ngudjolo Chui was released from custody. The

    Prosecution has appealed the decision.

    OTP Activities

    OVERVIEW8 situations under investigation

    18 cases in relation to 25persons

    Arrest warrants outstanding against 12 individuals

    8preliminary examinations on 4 different continents

    Phases

    6 cases at Pre-Trial Stage

    5 cases before Trial Chambers

    2 cases before Appeals Chamber

    2 verdicts

    http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/afghanistan/Pages/afghanistan.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/afghanistan/Pages/afghanistan.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/honduras/Pages/honduras.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/honduras/Pages/honduras.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/korea/Pages/korea.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/colombia/Pages/colombia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/colombia/Pages/colombia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/georgia/Pages/georgia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/georgia/Pages/georgia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/guinea/Pages/guinea.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/guinea/Pages/guinea.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/nigeria/Pages/nigeria.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/statement-OTP-28-09-2013.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200106/Pages/democratic%20republic%20of%20the%20congo.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200107/Pages/democratic%20republic%20of%20the%20congo.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200107/Pages/democratic%20republic%20of%20the%20congo.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200106/Pages/democratic%20republic%20of%20the%20congo.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/statement-OTP-28-09-2013.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/nigeria/Pages/nigeria.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/guinea/Pages/guinea.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/georgia/Pages/georgia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/colombia/Pages/colombia.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/korea/Pages/korea.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/honduras/Pages/honduras.aspxhttp://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/afghanistan/Pages/afghanistan.aspx
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    Pre-Trial

    The Prosecutor v Bosco Ntaganda charged with war crimes of conscripting, enlisting and using children to actively participate

    in hostilities committed in the Ituri region 2002-2003; a second warrant was issued to include war crimes of murder, attacks

    against the civilian population, rape and sexual slavery, and pillaging, as well as crimes against humanity of murder, rape and

    sexual slavery, and persecution

    Status: Initial appearance on 26 March 2013; confirmation of charges hearing scheduled for 10 February 2014

    Warrant Pending

    The Prosecutor v Sylvestre Mudacumura charged with war crimes of attacking civilians, murder, mutilation, cruel treatment,rape, torture, destruction of property, pillaging and outrages against personal dignity committed in North and South Kivu

    Provinces of the DRC between 20 January 2009 and end of September 2010

    Issued: 13 July 2012

    2. Situation in Uganda Referred: January 2004 Investigation opened: July 2004

    Warrants Pending

    The Prosecutor vJoseph Kony et al. charged with war crimes and crimes against humanity committed during LRAs insurgency

    activities in Northern Uganda 2002 2004

    Issued: 8 July 2005. On 11 July 2007, Pre-Trial Chamber I ordered the proceedings against Raska Lukwiya be terminated. On 8

    November 2007, the OTP submitted information to the PTC on the reported death of Vincent Otti.

    3. Situation in Darfur, the Sudan Referred: March 2005 Investigation opened: June 2005

    Trial

    The Prosecutor vAbdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamuscharged with war crimes committed during

    an attack against the Haskanita AU peacekeeping base in North Darfur on 29 September 2007

    Status: Charges confirmed; trial date set for 5 May 2014

    Prosecution to present additional evidence

    The Prosecutor v Bahar Idriss Abu Garda charged with war crimes committed during an attack against the Haskanita AU

    peacekeeping base in North Darfur on 29 September 2007

    Warrants PendingThe Prosecutor v Omar Al Bashir charged with war crimes, crimes against humanity and genocide committed as part of the

    counter-insurgency campaign in Darfur 2003 2008 (at least)

    Issued: 4 March 2009 & 12 July 2010

    The Prosecutor vAli Kushayb andAhmad Harun charged with war crimes and crimes against humanity committed during the

    attacks against the civilian population in Darfur August 2003 March 2004

    Issued: 27 February 2007

    The Prosecutor vAbdel Raheem Muhammad Hussein - charged with war crimes and crimes against humanity committed during

    attacks against the civilian population in Darfur August 2003 March 2004

    Issued: 1 March 2012

    4. Situation in the Central African Republic (CAR) Referred: January 2005 Investigation opened: May 2007Trial

    The Prosecutor vJean-Pierre Bemba Gombo charged with war crimes and crimes against humanity, including a massive rape

    campaign, committed in CAR between 26 October 2002 15 March 2003

    Status: Prosecution completed the presentation of its case on 21 March 2012; Defense started its presentation on 14 August

    2012; the trial resumed on 4 March 2013 following a temporary suspension.

    5. Situation in Kenya OTP request to start investigation: November 2009 Investigation opened: March 2010

    Trials

    The Prosecutor v William Samoei Ruto and Joshua Arap Sang charged with crimes against humanity committed during the post-

    electoral violence in Kenya on or about 30 December 2007 end January 2008;

    Status: Case sent to trial on 23 January 2012, trial started on 10 September 2013The Prosecutor v Uhuru Muigai Kenyatta charged with crimes against humanity committed during the post-electoral violence

    in Kenya 24 28 January 2008

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    Status: Case sent to trial on 23 January 2012, trial date set for 12 November 2013 (charges withdrawn against Francis Kirimi

    Muthaura)

    6 September - Pre-Trial Chamber II granted the Prosecutor leave to appeal the decision rejecting the amendment of the

    emporal scope of the charges against William Samoei Ruto and Joshua Arap Sang. The charges were confirmed on 23 January

    2012 by Pre-Trial Chamber II and the two accused were committed to trial. The Prosecutor thereafter requested, on 22 July

    2013, permission from Pre-Trial Chamber II to amend the charges against the accused by broadening the temporal scope of

    hose charges in relation to crimes allegedly committed in the greater Eldoret area on 30 and 31 December 2007.

    10-11 September - Pursuant to Rule 103(1) of the Rules of Procedure and Evidence, The United Republic of Tanzania, the

    Republic of Rwanda, the Republic of Burundi, the State of Eritrea, the Republic of Uganda, and Nigeria requested the Appeals

    Chamber to grant them leave to file an amicus curiae brief on the appeal regarding the presence of Mr. Ruto at trial. In

    particular, the States Applicants submitted that, if authorisation is granted, they will address the importance of according

    article 63 a broad and flexible interpretation, which "encourages State cooperation in the widest possible set out circumstances and

    without jeopardising the constitutional responsibilities of leaders", as well as the "balance to be struck between those subject to the Court's

    jurisdiction but who also occupy high office". For its part, the Republic of Rwanda indicated that, if authorisation is granted, it will

    "address the importance of according the right a broad interpretation in order to expand the writ of the Court and to enhance its

    effectiveness", as well as the "competing rights and obligations which will converge when those who occupy high office become the subject

    of proceedings at the Court".

    13 September - The Appeals Chamber, by majority, granted leave to The United Republic of Tanzania and the Republic of

    Rwanda, the Republic of Burundi, the State of Eritrea and the Republic of Uganda requests to submit amicus curiae

    observations, pursuant to Rule 103 (1), on issues identified in their respective requests, noting in particular that given the

    circumstances of the present case as well as the novelty of the issues raised in the present appeal [] it is desirable for the proper

    determination of the case to grant the applicants leave to submit observations [].

    27 September - The Appeals Chamber decided to dismiss Mr. Ruto's request for reconsideration of the "Decision on the request

    or suspensive effect. In particular, the Appeals Chamber in its Decision on Suspensive Effect, noted the Prosecutor's concerns

    with regard to proceeding on the basis of an incorrect legal framework and the difficulties that may arise should witnesses who

    estified in Ruto's absence be unwilling or unable to return to testify again, if the Impugned Decision were to be overturned

    and the trial had to restart in Ruto's presence. Therefore, the Appeals Chamber found that the consequences of implementing thempugned Decision prior to the issuance of the judgment on the Prosecutor's Appeal, would be difficult to correct and may be irreversible,

    considering that the difficulties that may arise if the proceedings continued in Ruto's absence, should the Impugned Decision be

    overturned, are still the same.

    6. Situation in Libya Referred: February 2011 Investigation opened: March 2011

    Warrants Pending

    The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al Senussi charged with crimes against humanity committed during

    attacks on the civilian population by the Libyan Security Forces 15 February at least 28 February 2011

    Issued: 27 June 2011

    Status: on 31 May 2013, Pre-Trial Chamber I rejected the admissibility challenge presented by Libya in the Saif Al-Islam

    Gaddafi case; on 18 July, the Appeals Chamber rejected the request for suspensive effect and recalled that Libya is currentlyunder an obligation to surrender Mr Gaddafi to the Court. Regarding Abdullah Al Senussi, on 14 June 2013, Pre-Trial

    Chamber I decided that Libya could postpone the execution of the surrender request in relation to Abdullah Al-Senussi

    pending determination of its admissibility challenge filed before the Court. On 16 July, Pre-Trial Chamber I authorized Libya

    to file a consolidated reply to the observations filed by the Prosecutor, the OPCV and the Defence for Abdullah Al-Senussi by

    no later than 14 August 2013.

    7. Situation in Cte dIvoire OTP request to start investigation: June 2011 Investigation opened: October 2011

    Warrant executed

    The Prosecutor v Laurent Gbagbo charged with war crimes and crimes against humanity committed after the November 2010

    Ivorian elections

    Issued: 23 November 2011 (under seal)Status: confirmation of charges hearing took place from 19 to 28 February 2013. On 3 June 2013, Pre-Trial Chamber I decided

    to adjourn the hearing on the confirmation of charges and requested the Prosecutor to consider providing further evidence or

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    conducting further investigation with respect to all charges. On 31 July, the Chamber partly granted the Prosecutor leave to

    appeal its decision.

    Warrant pending

    The Prosecutor v Simone Gbagbo charged with war crimes and crimes against humanity committed after the November

    2010 Ivorian elections.

    Issued: 29 February 2012 (under seal)

    8. Situation in Mali Referred: July 2012 Investigation opened: January 2013

    III. Arrests - Cooperation12 PERSONS SOUGHT BY THE COURT

    The Prosecutor v Simone Gbagbo (more information here)

    Current location: Cte dIvoire

    The Prosecutor v Sylvestre Mudacumura (more information here)

    Current location: Eastern DRC

    The Prosecutor v Joseph Kony et al (more information here)

    Current location: variously, at different times, in the border area between DRC, CAR and South Sudan

    The Prosecutor v Ahmed Harun and Ali Kushayb (more information here)

    Current location: South Kordofan, Sudan (A. Harun)

    Sudan (A. Kushayb)

    The Prosecutor v Omar Hassan Ahmad Al Bashir (more information here)

    Current location: Khartoum, Sudan

    18 September - Pre-Trial Chamber II was informed by the Prosecutor of Omar Al Bashirs potential travel to the United States

    of America in order to attend the 68th session of the United Nations General Assembly. The Chamber invited the competent

    US authorities to arrest Omar Al Bashir and surrender him to the Court, in the event he enters their territory, after reminding the

    US of the two outstanding warrants of arrest issued on 4 March 2009 and 12 July 2010 against Omar Al Bashir for genocide,

    war crimes and crimes against humanity. The Chamber, while recognizing that States not party to the Rome Statute have no

    http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0112/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0211/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0211/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0211/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040112/Pages/icc01040112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040112/Pages/icc01040112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040112/Pages/icc01040112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr942.aspxhttp://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr942.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040112/Pages/icc01040112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0211/Pages/situation%20index.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0112/Pages/situation%20index.aspx
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    obligation under the Statute, recalled that the situation in Darfur was referred to the Court UNSC Resolution 1593 (2005) and

    urge[d] all States and concerned regional and other international organizations to cooperate fully with the Court. President Omar al-

    Bashir did not travel to the US to participate in the United Nations General Assembly meeting.

    The Prosecutor v Abdel Raheem Muhammad Hussein (more information here)

    Current location: Khartoum, Sudan

    The Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al-Senussi (more information here)

    Current location: Libya

    IV. Other Co-operation

    2-3 September - Prosecutor Bensouda, at the invitation of the Slovenian Foreign Minister Karl

    Erjavec, participated in the Bled Strategic Forum in Slovenia,

    where she spoke about International Criminal Justice and the

    Rights of Women and Children, in the context of a panel on Justice

    as a Precondition for a Propitious Future. Other speakers in the

    session included Navanethem Pillay, UN High Commissioner for

    Human Rights; Tiina Intelmann, President of the Assembly of

    States Parties; Ernest Petri, President of the Constitutional Courtof the Republic of Slovenia and Member of the ILC; Stephen Rapp, US Ambassador-at-Large for

    War Crimes Issues; Christian Wenaweser, Ambassador of Liechtenstein to the United Nations in

    New York; and Richard Dicker, Director of Human Rights Watch's International Justice Program.

    During the visit the Prosecutor held bilateral meetings with Karl Erjavec and Navanethem Pillay, amongst others.

    9 September - The former UN Secretary-General and Chairman of the AU Panel of Eminent African Personalities, Kofi Annan,

    published an opinion piece in advance of the start of William Ruto and Joshua Sang trial. After recalling his experience as the

    chair of the Panel of Eminent African Personalities, appointed by the African Union to mediate an end to Kenya's 2007-2008

    post-election violence, he noted in his article that it was the Kenyan governments own failure to provide justice to the victims and

    their survivors that paved the way to the ICC a court of last resort, Kofi Annan emphasizing that these trials also do not reflect the

    courts unfair targeting of Africa, as has been alleged. Instead they are the first steps toward a sustainable peace that Kenyans want, deeply,and can only be assured of if their leaders are not above the law.

    9 September - Prosecutor met with Jean-Bernard Padar, Minister of Justice of Chad, at the seat of the Court.

    During the meeting the Prosecutor and the Minister of Justice discussed matters of common interest and the

    Prosecutor provided update on OTP activities.

    11 September - In her presentation to the Committee on Budget and Finance (CBF), the Prosecutor remarked that the

    importance of an increase in resources is necessary to enhance the quality and efficiency of OTP work. She emphasized that in

    seeking additional resources in this budget proposal, we have based our assessment of need on hard experience and a realistic assessment of

    the challenges we must overcome.

    In particular she stated in our programme budget proposal for 2014 we are seeking a total amount of 35.74 million, which represents

    an increase of 7.48 million, or 26.5 %, over the budget for 2013 [] the reorganization of investigation activities and the new

    investigative approach lead us to reallocate resources and strengthen the areas of activities. The need to strengthen our investigative

    capacity is clearly the main driver of our increase. In this context the Prosecutor noted how given the expectation from the judges to

    receive cases which are trial-ready at the moment of confirmation hearing and with more evidence, the Office is adapting its prosecutorial

    strategy accordingly], [looking] at the level of resources needed to effectively and efficiently perform our activities based on the new

    strategy we have devised to get results. The OTP shift in strategy from focused investigations to in-depth, open-ended investigations will

    have a significant impact on the ability of the Office to successfully investigate and prosecute.

    http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050112/Pages/icc02050112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050112/Pages/icc02050112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050112/Pages/icc02050112.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0111/related%20cases/icc01110111/Pages/icc01110111.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0111/related%20cases/icc01110111/Pages/icc01110111.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0111/related%20cases/icc01110111/Pages/icc01110111.aspxhttp://www.nytimes.com/2013/09/09/opinion/justice-for-kenya.html?_r=3&http://www.nytimes.com/2013/09/09/opinion/justice-for-kenya.html?_r=3&http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0111/related%20cases/icc01110111/Pages/icc01110111.aspxhttp://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050112/Pages/icc02050112.aspx
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    Furthermore the Prosecutor underscored that the demand on the OTP remains very high and will not decrease in a foreseeable

    future. In this sense, she noted that if the OTP had to operate without the necessary increase in resources, but still ensure quality and

    efficiency, the OTP would be compelled to cut back significantly on the number of its active investigations.

    In order to cope with future challenges, an increase in budget resources represents an essential component to ensure the

    credibility of the Office as well as its long term impact.

    V. Upcoming Events

    October

    1 2

    Prosecutor

    participates in a

    panel discussion

    with ICTY/MICT

    President Theodor

    Meron on Twenty

    Years of

    International

    Criminal Law: From

    the ICTY to the ICC

    and Beyond at the

    The Hague Institute

    for Global Justice,

    The Hague

    3 4 5 6

    7 8 9 10 11

    Prosecutor

    participates in the

    Amsterdam

    Dialogue 2013

    organized by the

    Dialogue AdvisoryGroup, HRW and

    ICG, Amsterdam

    Prosecutor

    participates in the

    Zonta International

    biennial District

    level conference,

    Antwerp

    12 13

    14

    Prosecutor gives

    presentation to the

    HWG facilitation onstrategic planning

    about the OTP 2013-

    2015 strategic plan,

    The Hague

    15 16

    Prosecutor

    participates in the

    Retreat on thechallenges and

    opportunities in

    light of the

    upcoming ASP,

    organized by the

    Dutch Permanent

    Representation to the

    ICC and the ASP

    Vice-President,

    Santpoort

    17 18 19 20

    21 22 23 24-25

    Prosecutor receives an Honorary Doctorate

    from the Vrije Universiteit Brussel and hold

    high level meetings with the EU, Brussels

    26 27

    28 29 30 31

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    VI. Other Information

    5 September - The Prosecutor has adopted a Code of Conduct for the Office of the Prosecutor which will offer a comprehensive

    set of standards of conduct for all its members, helping to shape, according to the main principles guiding the Office, a

    common organisational culture and provide direction for the behaviour that may be expected from all its members, in the

    Courtroom, in the course of our work in general, and to a certain extent also beyond that.

    The Code contains all the basic principles relevant for OTP work, and also elaborates a number of duties specifically related to

    t, addressing general matters of compliance, discipline and privileges and immunities.

    The text of the Code is to a large extent inspired by existing documents of a similar nature, e.g. Codes at the Tribunals and in

    national jurisdictions, the ICC's Code of Professional Conduct for counsel, and the ICCs Codes of Conduct for staff members

    and for investigators. Previous drafts developed in the Office were also drawn from.

    * This document reflects the views of the Office of the Prosecutor of the ICC. For more information, contact Ms. Antnia Pereira de Sousa, Associate Cooperation Officer in

    the Office of the Prosecutor, at [email protected]

    http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/Pages/office%20of%20the%20prosecutor.aspxmailto:[email protected]:[email protected]://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/Pages/office%20of%20the%20prosecutor.aspx