June 2020- International Criminal Court Update
By: Shraddha Dubey, Junior Research Associate, PILPG-NL
In the past month, the International Criminal Court (ICC or Court) saw multiple developments. The most noteworthy of these was the surrender and appearance of Ali Kushayb before the ICC, and the partially virtual hearing before the Appeals Chamber in the Gbagbo and Blé Goudé case. The Prosecutor of the Court also issued statements regarding the situations in Democratic Republic of the Congo and Libya. Additionally, the Court released Guidelines for hearings during the Covid-19 pandemic and saw the declaration of sanctions against its officials by the United State of America.
AFRICA
Sudan | Ali Kushayb surrenders and makes first appearance before the ICC
On 9 June, 2020, Ali Muhammad Ali Abd–Al-Rahman (Ali Kushyab) was transferred to the ICC’s custody after he surrendered himself voluntarily in the Central African Republic. The first arrest warrant against him was issued on 27 April 2007. Subsequently, a second warrant was published for the public on 11 June 2020 listing 53 counts of individual criminal responsibility for war crimes and crimes against humanity allegedly committed in Darfur (Sudan). On 10 June, 2020, the Prosecutor informed the United Nations Security Council about the surrender of Ali Kushyab while presenting her Office’s thirty-first report on the Darfur situation, pursuant to Security Council Resolution 1593.
On 15 June, 2020, Ali Kushyab appeared before Pre-Trial Chamber II via video-link from the ICC Detention Centre. The Single Judge verified Ali Kushyab’s identity, and ensured that he was informed of his rights and the crimes he is alleged to have committed under the Rome Statute in a language he fully understands and speaks. The opening of the confirmation of charges hearing was scheduled provisionally for 7 December 2020.
Côte d'Ivoire | Appeals hearing in the Gbagbo and Blé Goudé case
From 22 to 24 June 2020, the Appeals Chamber of the ICC held a partially virtual hearing in the case of The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé. It heard the observations of Parties and Participants on the Prosecutor’s Appeal against the acquittal decision in this case on 15 January 2019. The Chamber will make its judgment on this appeal at a later stage.
The hearing took place with the participation of the Prosecutor, acquitted persons and their representatives, the Office of Public Counsel for Victims, judges and legal staff of the Appeals Chamber, and members of the Registry. Due to the current situation linked to Covid-19, they participated from the premises of the Court while distanced from each other as necessary, and subject to medical clearance from the Court as well as from separate locations outside the Court.
Democratic Republic of the Congo | Prosecutor of the ICC’s statement regarding the situation in Ituri
On 4 June 2020, the Prosecutor of the ICC, Fatou Bensouda issued a statement regarding the situation in Ituri, Democratic Republic of the Congo. She expressed concern over the numerous reports of escalation in serious violence in Ituri, particularly in the territories of Djugu and Mahagi stating that these acts could constitute crimes within the ICC’s jurisdiction. She called on all groups and parties involved to cease attacks without delay and urged the DRC to increase its efforts to investigate the incidents.
Libya | Prosecutor of the ICC’s statement regarding the situation Libya
On 22 June, 2020, Prosecutor of the ICC, Fatou Bensouda issued a statement regarding the apparent discovery of mass graves found in the city of Tarhuna and its surroundings in Libya. She noted that these findings may constitute evidence of war crimes or crimes against humanity. She called upon the Libyan authorities to take all the necessary measures to protect and secure the mass grave sites and to ensure that all actions taken in this regard are conducted in a manner that will not prejudice future investigations. She also welcomed the decision of the United Nations Secretary General, António Guterres, offering support in this regard, through the statement of 12 June 2020.
ASIA
Palestine | State of Palestine submitted its response to the Pre-Trial Chamber’s Order requesting additional information
On 4 June 2020, the State of Palestine submitted its response to the Pre-Trial Chamber’s Order requesting additional information. Regarding the Pre-Trial Chamber’s request from 26 May 2020 for more information on the Palestine President’s statement, Palestine noted that it is not apparent from the Order, which issues raised in the statement are being referred to, and has responded to it based on its understanding of the scope of the Order.
ICC OPERATIONS
Measures against ICC | The United States of America announced sanctions against the ICC officials
On 11 June, 2020, President Donald Trump issued an executive order authorizing asset freezes and travel bans against officials of the ICC and potentially targeting others who assist ICC in its investigations. The ICC expressed regret over the measures. It declared that it stands firmly by its staff and continues to remain committed to achieving its objectives enshrined in the Rome Statute. The President of the Assembly of State Parties, Mr. O-Gon Kwon released a statement rejecting the measures taken against the ICC and called upon all States Parties and stakeholders of the Rome Statute to reinstate their support for the ICC. Multiple States parties to the Rome Statute have expressed their support for the ICC.
Release of Guidelines for the Judiciary
On 23 June, 2020, the Presidency of the ICC, in consultation with other Judges of the Court, released Guidelines for the Judiciary Concerning the Holding of Court Hearings during the COVID-19 Pandemic. The Court has adopted these guidelines to ensure the physical safety of staff and users during the pandemic. These Guidelines are facilitative and non-binding, aiming to provide clarity on the Court's approach to holding hearings in Court proceedings during the pandemic.
Short-list of candidates for ICC’s next Prosecutor declared
On 30 June, 2020 the Committee on the Election of the Prosecutor submitted a short list of four candidates for the position of the Prosecutor at the ICC. Out of these candidates, if a consensus candidate is identified by the State Parties to the Rome Statute, she or he will be the only candidate nominated for election in the upcoming Assembly of State Parties. In the absence of a consensus, election will be conducted by a secret ballot amongst the four nominated candidates.