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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 :

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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.

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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.

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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.

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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.

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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.

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ICC: Surrender of Alfred Yekatom to the ICC

Mr Alfred Yekatom was surrendered to the ICC on 17/11/2018, following the issuance of an arrest warrant by Pre-Trial Chamber II of the ICC on 11/11/2018 for his alleged criminal responsibility for war crimes and crimes against humanity committed in western CAR between December 2013 and August 2014

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EAW: The notification by a Member State of its intention to withdraw from the European Union does not prevent the execution of an European arrest warrant emanating from this State

By a judgment of 19 September 2018, the Court of Justice of the European Union has ruled that Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union.

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