In its assessment, the Trial Chamber VI of the ICC referenced aggravating circumstances for several of the counts, but failed to find allegations of witness interference as aggravating given a lack of findings on the allegations beyond a reasonable doubt. The Chamber also found no mitigating circumstances warranting reduction of sentence in its analysis. Mr. Ntaganda is granted credit for the time he has served since March 2013. READ MORE
On 16 September 2019, the STL Pre-Trial Judge lifted the confidentiality of his decision confirming an indictment against Mr Salim Jamil Ayyash, marking the beginning of a second proceeding before the STL.
Myanmar is not a State Party but Bangladesh ratified the ICC Rome statute in 2010. The Chamber considered that there exists a reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as the crimes against humanity of deportation across the Myanmar-Bangladesh border and persecution on grounds of ethnicity and/or religion against the Rohingya population.
On 11 November 2019, the Republic of The Gambia instituted proceedings against the Republic of the Union of Myanmar before the International Court of Justice, alleging violations of the Convention on the Prevention and Punishment of the Crime of through “acts adopted, taken and condoned by the Government of Myanmar against members of the Rohingya group”.
The Court found that the Trial Chamber did not fail to comply with its directions on re-sentencing, did not err in law or in fact, nor did it impose a disproportionate sentence. It stressed that : “3. It is unhelpful to compare the sentences imposed on different convicted persons without reference to the specific facts and individual circumstances of each person. 4. It is not an error to consider solvency as a relevant factor for the determination of a fine. Solvency is a relevant consideration in numerous jurisdictions and its underlying rationale is the need to ensure a deterrent effect.”
The manual includes new deadlines for the judges.
At the pre-trial level, decisions on requests of the Prosecutor for authorisation to proceed with an investigation under article 15 of the Statute, will be rendered within 120 days.
The confirmation of charges hearing took place on 19 – 25 September 2019 with closing statements on 11 October 2019.
Pre-Trial Chamber II, composed of Judge Antoine Kesia-Mbe Mindua (Presiding Judge), Judge Tomoko Akane and Judge Rosario Salvatore Aitala, found that there are substantial grounds to believe that :
By a judgment of 5 December 2019, the European Court of Human Rights held, unanimously, that there had been a violation of the substantive and procedural aspects of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.
Cf. CJEU Press release of 26 November 2019 :
In particular, the Court considered that the status of the French public prosecutor’s office afforded it a sufficient guarantee of independence for the issuing of European arrest warrants.
On 8 July 2019, Trial Chamber VI of the International Criminal Court found Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes against humanity, committed in Ituri, Democratic Republic of the Congo, in 2002-2003.
By a jugement of 6 May 2019, the ICC AC decided unanimously to confirm the decision of ICC PTC II which found that Jordan, a State Party to the ICC Rome Statute, had failed to comply with its obligations by not arresting Mr Omar Al-Bashir (then President of the Republic of the Sudan) and surrendering him to the ICC while he was on Jordanian territory attending the League of Arab States’ Summit on 29 March 2017.READ MORE
By a judgement of 27/5/2019, the CJEU ruled that German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant.READ MORE
The Swedish government is seeking support from European allies for a new international tribunal to prosecute Isis fighters and military personnel for war crimes perpetrated in Iraq and Syria.
On 12 April 2019, Pre-Trial Chamber II of the ICC rejected unanimously the request of the Prosecutor to proceed with an investigation for alleged crimes against humanity and war crimes, on the territory of in the Islamic Republic of Afghanistan. The judges decided that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.
The ICC Office of Public Counsel for Victims has published a Fifth Edition of its Manual for Victims’ Legal Representatives