The Office of the Prosecutor of the ICC Structure, functioning, investigative activities, cooperation

1. The Office of the Prosecutor of the ICC Structure, functioning, investigative activities, cooperation Miriam Spittler Judicial Cooperation Adviser June 2012

2. The Rome Statute The Rome Statute & the ICC • Main innovations • Objectives

3. State Parties to The Rome Statute (121)

4. Office of the Prosecutor Structure, functions and activities

5. Structure of the ICC Secretariat of the Assembly of States Parties Secretariat for Victims’ Trust Fund Presidency Chambers The Office of the Prosecutor The Registry

6. OTP Functions The Office of the Prosecutor: • Receives referrals and substantiated information on crimes within the jurisdiction of the Court; • Examines referrals and information; • Conducts investigations and prosecutions. See article 42 RS

7. OTP Structure Prosecutor IMMEDIATE OFFICE OF THE PROSECUTOR Services Section Legal Advisory Section Deputy Prosecutor (Prosecutions) Director Head of Investigations Division INVESTIGATION DIVISION JURISDICTION, COMPLEMENTARITY AND COOPERATION DIVISION (JCCD) PROSECUTION DIVISION

8. Communications – art 15 RS • Substantiated information on crimes within the jurisdiction of the Court • - 9430 communications / regarding alleged situations in 166 Countries

9. Guiding Legal Principles 1 Independence(arts. 13(c), 42 RS) 2 Objectivity(arts. 54(1)(a) RS) 3 Complementarity(art. 17 RS)

10. Prosecutorial Strategy Four Principles • Prosecutorial Strategy: • Positive complementarity; • Focused investigations and prosecutions; • Addressing the interests of victims; • Maximizing the impact of our work.

11. Preliminary Examination & Investigations

13. Preliminary Examination Current Situations under preliminary examination • 1. Afghanistan • 2. Colombia • 3. Georgia • 4. Guinea • 5. Honduras • 6. Nigeria • 7. Republic of Korea

14. Preliminary Examination • Article 53(1)(a)-(c) / - the Prosecutor shall consider: • jurisdiction (temporal, material, and either territorial or personal jurisdiction); • admissibility (complementarity and gravity); and • theinterests of justice.

15. Preliminary Examination Phases

16. Preliminary Examination

17. Current Situations and Cases Situations under investigation • 3 State referrals: Uganda (July 2004) Democratic Republic of Congo (June 2004) Central African Republic (May 2007) • 2 UN Security Council referrals: Darfur, Sudan (June 2005) Libya (March 2011) • 2 Proprio motu: Kenya (March 2010) Côte d’Ivoire (October 2011)

18. Current Situations and Cases Situation in DRC > T. Lubanga case • 10 February 2006 Arrest warrant issued • 16 March 2006 Transfer to The Hague • 29 January 2007 Confirmation of charges and committal for trial • 26 January 2009 Commencement of trial • 25-26 August 2011 Closing statements in the trial • 14 March 2012 Convicted of committing, as co-perpetrator, war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the context of an armed conflict not of an international character from 1 September 2002 to 13 August 2003 (punishable under article 8(2)(e)(vii) of the Rome Statute). • 13 June 2012 Hearing of oral submissions for sentencing Thomas Lubanga Dyilo

19. Current Situations and Cases Situation in DRC > B. Ntaganda case • 22 August 2006 Arrest warrant issued Alleged crimes: 3 counts ofwar crimes: enlistment of children under the age of fifteen; conscription of children under the age of fifteen; and using children under the age of fifteen to participate actively in hostilities.  • 14 May 2012 New arrest warrant requested by the Prosecution to add the following charges: Crimes against humanity of murder, persecution based on ethnic grounds and rape/sexual slavery; War crimes of attacks against civilians, murder, rape/sexual slavery and pillaging These crimes were committed over a large geographical area within Ituri, DRC between September 2002 to September 2003. Bosco NTAGANDA Former alleged Deputy Chief of the General Staff of the FPLC* Alleged Chief of Staff of the CNDP** armed group *Forces Patriotiques pour la Libération du Congo **Congrès National pour la Défense du Peuple, active in North Kivu in the DRC.

20. Current Situations and Cases Situation in DRC > G. Katanga and M. Ngudjolo case • 2 July 2007 Arrest warrant issued against KATANGA 17 October 2007 - Transferred to The Hague • 6 July 2007 Arrest warrant issued against NGUDJOLO 7 February 2008 - Transfer to The Hague • 26 September 2008 Confirmation of charges and committal for trial • 24 November 2009 Commencement of trial • 15 to 23 May 2012 Closing Statements Germain Katanga Alleged commander of the FRPI* Mathieu Ngudjolo Chui Alleged former leader of the FNI** *Force de Résistance Patriotique en Ituri **Front des Nationalistes et Intégrationnistes Charges: jointly committed, through other persons, 3 counts ofcrimes against humanity: Murder; sexual slavery and rape; 7 counts ofwar crimes: directing an attack against civilians; willful killing; destruction of property; pillaging, sexual slavery; rape; using children under the age of fifteen to participate in hostilities

21. Current Situations and Cases Situation in DRC > Mbarushimana case • 28 September 2010: Arrest warrant issued • 11 October 2010: Arrested in Paris 25 January 2011: Transferred to The Hague • 16 -21 September 2011: Confirmation of charges hearing • 16 December 2011: Decision declining to confirm the charges • 23 December 2011: Release from the ICC custody • 12 March 2012: Prosecution appealed to Appeals Chamber • 30 May 2012: Appeals Chamber dismissed the Prosecution‘s appeal Callixte MBARUSHIMANA Alleged Executive Secretary of the FDLR* *Forces Démocratiques pour la Libération du Rwanda Charges: 5 counts ofcrimes against humanity: murder, torture, rape, inhumane acts and persecution;  8 counts ofwar crimes: attacks against the civilian population, murder, mutilation, torture, rape, inhuman treatment, destruction of property and pillaging; Committed in the North and South Kivus 2009-2010 • 14 May 2012: Arrest Warrant requested againstSylvestre Mudacumura • 31 May 2012: Pre-Trial Chamber dismissed the request • 13 June 2012: OTP submitted an amended application for an arrest warrant

22. Current Situations and Cases Situation in Central African Republic > J.-P. Bemba case • 23 May 2008 Arrest warrant issued 24 May 2008 Arrested by Belgian authorities • 12 to 15 January 2009 Confirmation of charges hearing • 15 June 2009 Decision on the confirmation of charges • 22 November 2010 Commencement of trial • 21 March 2012 Prosecution completed the presentation of its case Jean-Pierre Bemba Gombo Alleged President and Commander-in-chief of Mouvement de libération du Congo (Movement for the Liberation of Congo) * Charges: as military commander, for: 2 counts of crimes against humanity: murder; and rape; and 3 counts of war crimes: murder; rape and pillaging; committed in CAR between 26 October 2002 – 15 March 2003

23. Current Situations and Cases Situation in northern Uganda > J. Kony et al. case • 8 July 2005 Arrest warrants issued under seal against 5 Lord’s Resistance Army (LRA) leaders: Joseph KONY, Vincent OTTI, Raska LUKWIYA, Okot ODHIAMBO and Dominic ONGWEN • 13 October 2005 Arrest warrants unsealed • 11 July 2007 Proceedings against LUKWIYA terminated because of his death JOSEPH KONY Alleged Commander-in-Chief of the LRA RASKA LUKWIYA (Deceased) Alleged Deputy Army Commander of the LRA VINCENT OTTI Alleged Vice-Chairman and Second-in-Command of the LRA Alleged crimesconcern: crimes against humanity (murder, sexual enslavement, rape) and war crimes (enlisting of children, attacks on civilians, pillaging) DOMINIC ONGWEN Alleged Brigade Commander of the Sinia Brigade of the LRA OKOT ODHIAMBO Alleged Deputy Army Commander of the LRAAlleged Brigade Commander of Trinkle and Stockree Brigades of the LRA

24. Current Situations and Cases Situation in Darfur, Sudan > A. Harun et al. case • 27 February 2007 Prosecution application for a warrant of arrest • 27 April 2007 • Arrest warrants issued – at large • 26 May 2010 • Pre Trial Chamber I decides to inform the UN Security Council about the lack of cooperation by the Sudan AHMAD MUHAMMAD HARUN Former Minister of State for the Interior of Sudan;Minister of State for Humanitarian Affairs of Sudan Alleged crimes: Mr Harun: 20 counts ofcrimes against humanity and 22 counts ofwar crimes; Mr Kushayb: 22 counts ofcrimes against humanity and 28 counts ofwar crimes; committed during the attacks against the civilian population in Darfur August 2003 – March 2004. ALI MUHAMMAD ALI ABD-AL-RAHMAN("Ali Kushayb") Alleged leader of the Militia/Janjaweed

25. Current Situations and Cases Situation in Darfur, Sudan > O. Al Bashir case • 14 July 2008 Arrest warrant requested • 4 March 2009 Arrest warrant issued for crimes against humanity, war crimes • 12 July 2010 Second arrest warrant issued for genocide Omar Hassan Ahmad Al Bashir President of the Republic of Sudan Alleged crimes: as an indirect (co) perpetrator, for: 5 counts ofcrimes against humanity: murder; extermination; forcible transfer; torture; rape; 2 counts of war crimes: attacks against civilians; pillaging; 3 counts of genocide: killing; causing serious bodily or mental harm; deliberately inflicting conditions of life calculated to bring their physical destruction in part; committed as part of the counter-insurgency campaign in Darfur 2003-2008 (at least)

26. Current Situations and Cases Situation in Darfur, Sudan > B. Abu Garda case • 7 May 2009 Summons to appear issued under seal 17 May 2009 Unsealed • 18 May 2009 First appearance • 19-30 October 2009 Confirmation Hearing • 8 February 2010 Pre-Trial Chamber refused to confirm charges • 23 April 2010 Pre-Trial Chamber I rejected the Prosecutor's application to appeal The decision does not preclude the Prosecution from subsequently requesting confirmation of the charges if such a request is supported by additional evidence. • OTP in the process of gathering additional evidence Charges: as a co-perpetrator or as an indirect co-perpetrator, for 3 counts of war crimes: violence to life; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission; and pillaging; committed during an attack against the Haskanita AU peacekeeping base in North Darfur. Bahar Idriss Abu Garda Chairman and General Coordinator of Military Operations of the United Resistance Front

27. Current Situations and Cases Situation in Darfur, Sudan > A. Banda and S. Jerbo case • 27 August 2009 Summons to appear issued • 17 June 2010 • Initial appearance • 8 December 2010 • Confirmation of charges hearings • 7 March 2011 • Pre-trial Chamber confirms the charges Abdallah Banda Abakaer Nourain Commander-in-Chief of JEM* Charges: as co-perpetrators for 3 counts ofwar crimes: violence to life; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission; and pillaging Saleh Mohammed Jerbo Jamus former Chief of Staff of SLA-Unity currently integrated into JEM *Justice and Equality Mouvement Collective-Leadership - one of the components of the United Resistance Front

28. Current Situations and Cases Situation in Darfur, Sudan > Hussein case • 1 March 2012 Arrest warrant issued Alleged crimes: as an indirect (co)perpetrator for: 7 counts of crimes against humanity: persecution; murder; forcible transfer; rape; inhumane acts; imprisonment or severe deprivation of liberty; and torture; 6 counts of war crimes: murder; attacks against a civilian population; destruction of property; rape; pillaging; and outrage upon personal dignity Committed during attacks against the civilian population in Darfur August 2003-March 2004 Abdel Raheem Muhammad Hussein Current Minister of National Defence Former Minister of the Interior Former Sudanese President’s Special Representative in Darfur *Justice and Equality Mouvement Collective-Leadership - one of the components of the United Resistance Front

29. Current Situations and Cases Situation in the Republic of Kenya • 26 November 2009 Prosecutor requests Pre-Trial Chamber authorisation to proceed with an investigation proprio motu • 31 March 2010 Pre-Trial Chamber authorizes the investigation • 8 March 2011 Summonses issued for the six Kenyans: William Samoei Ruto, Joshua Arap Sang andHenry Kiprono Kosgey (Case 1); Francis Kirimi Muthaura, Uhuru Muigai Kenyatta andMohammed Hussein Ali (Case 2) • 7-8 April 2011 – Initial appearance William Samoei Ruto Former Minister of Higher Education, Science and technology of Kenya Francis Kirimi Muthaura Former Head of the Public Service Secretary to the Cabinet of Kenya Joshua Arap Sang Head of operations at Kass FM in Nairobi, Kenya Uhuru Muigai Kenyatta Deputy Prime Minister former Minister for Finance of Kenya Henry Kiprono Kosgey Member of Parliament Chairman of the Orange Democratic Movement Mohammed Hussein Ali Chief Executive of the Postal Corporation of Kenya

30. Current Situations and Cases Situation in Libya • 26 February 2011 UN Security Council refers the situation in Libya since 15 February 2011 to the Prosecutor (Resolution 1970) • 3 March 2011 Prosecutor announces the opening of an investigation • 27 June 2011 Arrest warrants issued by the Judges • 1 May 2012 Government of Libya submitted an admissibility challenge • 1 June 2012 PTC decided that Libya may postpone the execution of the ICC’s request for surrender of Saif Al-Islam Gaddafi, pending ICC’s decision on Libya’s to the admissibility challenge Muammar Mohammed Abu Minyar Gaddafi (Deceased) Saif Al-Islam Gaddafi Honorary chairman of the Gaddafi International Charity and Development Foundation and acting as the Libyan de facto Prime Minister Abdullah Al-Senussi Colonel in the Libyan Armed Forces and current head of the Military Intelligence Alleged Crimes: Saif Al-Islam Gaddafi as indirect coperpetrator, and Abdullah Al-Sennussi as indirect perpetrator for: 2 counts of crimes against humanity: Murder and Persecution

31. Current Situations and Cases Situation in Côte d’Ivoire • 18 April 2003 Declaration under article 12 (3) of the Rome Statute • 14 December 2010 Letter reconfirming the acceptance of the ICC jurisdiction • 3 October 2011 Authorization to open an investigation  • 25 October 2011 Prosecution application for arrest warrant • 23 November 2011 Arrest warrants issued • 30 November 2011 Transferred to ICC’s custody • 5 December 2011 Initial Appearance • 18 June 2012 Confirmation of charges hearing scheduled to start. It has been postponed until 13 August 2012 following the Defence’s request Laurent Gbagbo Former President of Côte d’Ivoire  Alleged crimes: As indirect co-perpetrator, for 4 counts of crimes against humanity: Murder; rape and other sexual violence; persecution; and other inhuman acts, committed after the November 2010 Ivorian elections

33. Cooperation

34. The Court’s 2 pillars: Judicial pillar = The Court Enforcement pillar = States Parties

35. Areas • General support • Provision of information / evidence • Logistical support and security • Judicial cooperation • Arrest and surrender

36. States • United Nations • Other International Organisations • Non Governmental Organisations External Actors

37. Judicial cooperation • Principle of Territoriality/Sovereignty • Regimes - State-State - ad hoc Tribunals - State-ICC • HQ-Agreement – Premises of the Court • Part 9 RS

38. Overview of OTP Requests for Assistance Judicial Cooperation

39. Overview of OTP Requests for Assistance Judicial Cooperation

40. Particular topics Judicial Cooperation • Arrest and surrender • Requests to the OTP • Spontaneous transmission of information

41. Challenges • Ongoing conflicts • Investigations • Security - Protection of witnesses / sources

42. The Office of the Prosecutor – ICC Website

43. OTP Weekly Briefing