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
On 19 March 2019, the ECtHR reaffirmed that the imprisonment of a person in a metal cage in a courtroom during his trial and in a prison, for the purposes of his participation, by video link, to the judicial review of his case, constitutes degrading treatment within the meaning of Article 3 of the ECHR.READ MORE
On 20 March 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals delivered its judgement on the appeals filed by Mr. Radovan Karadžić and the Prosecution against the judgement rendered on 24 March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia.
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.
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.
On 15 January 2019, Trial Chamber I of the ICC, by majority, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d’Ivoire in 2010 and 2011. As a consequence, the Chamber ordered their release.
It is reported that the US has ceased cooperation With UN Human Rights Special Rapporteurs.
On 17/9/2018, the ICC Trial Chamber VII delivered its re-sentencing decision against Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba and Jean-Jacques Mangenda Kabongo, for offences against the administration of justice (…)
On 28 September 2018, the State of Palestine instituted proceedings against the United States of America before the International Court of Justice, alleging violations of the Vienna Convention on Diplomatic Relations of 18 April 1961 because of the relocation, to the City of Jerusalem, of the United States embassy in Israel.