Title Image

Legal news

On 12 December 2019, ICC Pre-Trial Chamber II partially confirmed the charges of war crimes and crimes against humanity brought by the Prosecutor against Alfred Yekatom and Patrice-Edouard Ngaïssona and committed them to trial.

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 :

READ MORE

CJEU : In an Opinion delivered on 26 November 2019, the Advocate General considers that a public prosecutor’s office, such as the French one, cannot be regarded as an ‘issuing judicial authority’ for the purpose of issuing an EAW if, when adjudicating on an EAW, its members must comply with general instructions on criminal justice policy, issued by the Minister for Justice, which are binding in relation to such warrants and with instructions issued to them by their hierarchical superiors.

Cf. CJEU Press release of 26 November 2019 :

READ MORE

By 3 judgements of 12 December 2019, the CJEU has ruled that the French, Swedish and Belgian public prosecutor’s offices satisfy the requirements (in particular of independence) for issuing a European arrest warrant, and clarifies the scope of the judicial protection afforded to persons referred to in such warrants.

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.

READ MORE

Conviction of Mr Bosco Ntaganda by the ICC

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.

READ MORE

ICC Appeals Chamber confirms Jordan’s non-cooperation but reverses the decision referring it to the ASP and UNSC

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

ICC judges reject opening of an investigation regarding Afghanistan situation

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.

READ MORE

Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant

By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.

READ MORE

Patrice-Edouard Ngaïssona transferred to ICC for alleged crimes against humanity and war crimes

Patrice-Edouard Ngaïssona transferred to the ICC on 23/1/2019, for alleged war crimes and crimes against humanity, following the issuance of an ICC arrest warrant on 7/12/2018 and his arrest in France on 12/12/2018 Mr Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for war crimes and crimes against humanity committed in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014.

 READ MORE