International Criminal Court (ICC)—DRC/Lubanga: Court to Hold Hearing on Confirmation of Charges Decision

On Monday, January 29 the Pre-Trial Chamber I of the International Criminal Court will hold a public hearing to announce its decision regarding the charges brought against Thomas Lubanga Dyilo (Situation in the Democratic Republic of the Congo).^[1] The decision follows a hearing in Pre-Trial Chamber I that began on November 9, 2006. The hearing was held pursuant to the Rome Statute to determine if there is “sufficient evidence to establish substantial grounds” to believe that Mr. Lubanga committed the crimes.^[2]

Mr. Lubanga has been charged with the war crimes of enlisting, conscripting and using children under 15 years of age to participate actively in hostilities in the Democratic Republic of the Congo, pursuant to Article 8(2)(e)(vii) of the Rome Statute.^[3]

Closing arguments were heard on November 28, 2006. According to the Rome Statute, the Pre-Trial Chamber may decide to^[4]:

• Confirm the charges for which it has found sufficient evidence,
• Refuse to confirm charges for which it has not found sufficient evidence,
• Adjourn the hearing and request that the Prosecutor consider providing further investigation, or
• Adjourn the hearing and request that the Prosecutor amend a charge because the evidence appears to establish a different crime within the Court’s jurisdiction.

If the Pre-Trial Chamber confirms the charges, the Presidency of the Court will constitute a Trial Chamber responsible for subsequent hearings.^[5] Mr. Lubanga will be the first person tried at the ICC if the case proceeds to trial.

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[1] Decision on the Confirmation of Charges Hearing (Press Release), ICC-CPI-20072401-194-EN, Jan. 24, 2007.
[2] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, Art. 61(5) [Hereinafter Rome Statute].
[3] Submission of the Document Containing Charges Pursuant to Article 61(3)(a) and of the List of Evidence Pursuant to Rule 121(3), ICC‑01/04‑01/06‑356, Aug. 28, 2006. See also Rome Statute, Art. 8(2)(e)(vii).
[4] Rome Statute, Art 61 (7) (a-c).
[5] Rome Statute, Art. 61 (11).

International Criminal Court (ICC)—Uganda: Rebels Plan to Send Delegation to ICC

This week Uganda’s rebel Lord’s Resistance Army (LRA) announced it was sending a delegation to meet with International Criminal Court prosecutors to discuss the indictments of LRA leaders Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen.^[1] Otti said the court erred by issuing arrest warrants without first listening to the LRA’s side of the story.^[2]

According to the Article 58 of the Rome Statute, the accused does not have to be interviewed prior to an arrest warrant being issued. The Pre-Trial Chamber, upon the Prosecutor’s application, shall issue arrest warrants if there are reasonable grounds to believe the person has committed a crime within the Court’s jurisdiction of the Court and the arrest is necessary to ensure the person appears at trial; to ensure the person does not obstruct or endanger the investigation or court proceedings; or to prevent the person from continuing to commit the crime.^[3] This can be done at any time after the investigation is initiated.^[4]

Also this week, an independent regional African organization, the Great Lakes Parliamentary Forum on Peace, (AMANI Forum) urged the ICC to drop the indictments against the LRA leaders.^[5] The AMANI forum believes the indictments are hindering the peace talks with the LRA.

However, the Office of the Prosecutor (OTP) has not indicated any intention to lift the indictments against Kony, Otti, Odhiambo and Ongwen. In the December 8, 2006 Submission of Additional Information on the Status of the Execution of the Warrants of Arrest in the Situation in Uganda, the OTP informed the Pre-Trial Chamber II that the Government of Uganda continues to cooperate with the investigation and has reaffirmed its obligations under the Rome Statute.^[6] As a State Party to the Rome Statute, Uganda is bound by both a general obligation to cooperate with the Court and a specific obligation to execute the Court’s requests for the arrest and surrender of individuals.^[7] The OTP also indicated in the submission to the Pre-Trial Chamber that the Prosecutor is in contact with the United Nations Department of Peacekeeping Operations over the need to step up national, regional and international efforts to arrest the LRA leaders.^[8]

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[1] Bosire, Bogonko, Uganda Rebels to Send Team to Hague Over ICC Indictments, Agence France Presse News Report (via Yahoo!), Jan. 18, 2007.
[2] Id.
[3] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, Art. 58(1).
[4] Id.
[5] Kazooba, Charles, Great Lakes MPs Urge ICC to Drop Charges Against Ugandan Rebel Leaders, The New Times (Rwanda), Jan., 21, 2007.
[6] Submission of Additional Information on the Status of the Execution of the Warrants of Arrest in the Situation in Uganda, ICC-02/04-01/05-132, Dec. 8, 2006, [hereinafter Submission]
[7] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, Arts. 86 and 59(1).
[8] Submission.